Commission Agenda Item No. 7
Presenter:
Ted Hollingsworth
Action
Grant of Utility Easement – Brazoria County
Approximately 37 Acres at the Justin Hurst Wildlife Management Area
March 24, 2016
I. Executive Summary: South Texas Electric Cooperative, Inc. (STEC) constructed an electric transmission line across the Justin Hurst Wildlife Management (WMA) in 1994 under the terms of a construction permit, and requests that an easement be issued to authorize long-term occupancy of the premises.
II. Discussion: The Justin Hurst Wildlife Management Area (the WMA) consists of 14,734 acres of coastal prairies, bottomland hardwoods and marshes that serves as significant habitat for a number of resident and migratory species, including waterfowl and wading birds. In 1994, STEC constructed a 135kv electric transmission line adjacent and parallel to a Houston Lighting and Power (now CenterPoint Energy) utility easement, operating under a Right of Entry, Construction Permit and Surface Use Agreement (SUA), with a term of ten years issued at the time. The corridor occupied by the transmission line is 100 feet wide by 16,214 feet (983 rods) in length, covering 37 acres. Under standard operating procedure, an easement should have been issued to cover the permanent structures installed under the auspices of the SUA. For reasons that are not clear at this time, an easement was never issued.
TPWD staff has notified STEC that STEC does not have authority to maintain and operate utility structures within the WMA without an easement issued by TPWD. TPWD staff brings this matter to the Texas Parks and Wildlife Commission to consider authorization of an after-the-fact utility easement for the existing STEC infrastructure and right-of-way on the WMA. TPWD staff have negotiated terms and conditions for the proposed easement, including measures to minimize the impacts of the STEC facilities and operations on the WMA.
III. Recommendation:
“The TPW Commission adopts the Resolution attached as Exhibit A.”
Commission Agenda Item No. 7
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 37Acres of Real Property in Brazoria County Occupied by a 135KV Utility Transmission Line
Resolution
Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Justin Hurst Wildlife Management Area (WMA) for a variety of recreation and conservation values, including restoration and management of coastal prairies, bottomland hardwoods and marshes that serve as significant habitat for a number of resident and migratory species, including waterfowl and wading birds; and,
Whereas, South Texas Electric Cooperative, Inc. (STEC) installed an overhead electric utility transmission line across the WMA in 1994 under authority granted by a term Right of Entry, Construction Permit and Surface Use Agreement (SUA); and,
Whereas, upon installation of the transmission line and expiration of the SUA, no easement for the use of TPWD land was issued to STEC; and,
Whereas, STEC requests validation of its occupancy and use of TPWD land by the issuance of an easement for the existing right-of-way and overhead transmission line infrastructure; and,
Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the WMA in which such newspapers are published (the Brazosport Facts in Brazoria County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing; and,
Whereas, staff of TPWD find there is no reasonable and prudent alternative to the continued operation and maintenance of the STEC transmission line in its current location; and,
Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement); (2) the program or project that requires the use or taking of land (Easement) includes all reasonable planning to minimize harm to the land (Easement); and,
Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that conveyance of the Easement subject to conditions that will minimize the overall impacts of the Easement on the WMA is in the best interest of TPWD; and,
Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to South Texas Electric Cooperative, Inc. for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
Adopted and approved this 24th day of March, 2016.
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T. Dan Friedkin, Chairman
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Ralph H. Duggins, Vice-Chairman
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Anna B. Galo, Member
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Bill Jones, Member
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Jeanne W. Latimer, Member
______________________________________
James H. Lee, Member
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S. Reed Morian, Member
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Dick Scott, Member
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Kelcy L. Warren, Member
Commission Agenda Item No. 7
Exhibit B
Location Map for the Justin Hurst Wildlife Management Area in Brazoria County
Commission Agenda Item No. 7
Exhibit C
Vicinity Map for the Justin Hurst WMA, 60 Miles South of Houston
Commission Agenda Item No. 7
Exhibit D
Site Map for Proposed Justin Hurst WMA 37-Acre Utility Easement
