Commission Agenda Item No. 5
Presenter:
Ted Hollingsworth
Action
Grant of Security Easement – Cameron County
Approximately 1.6 Acres at Boca Chica
May 26, 2016
I. Executive Summary: Space Exploration Technologies Corporation (SpaceX) requests the grant of an exclusive easement over approximately 1.6 acres of Texas Parks and Wildlife Department (TPWD) land for the construction of a fence to provide needed security for a rocket launch facility adjacent to the park.
II. Discussion: The property, often referred to as Boca Chica State Park, fronting on the Gulf of Mexico just 3 miles north of the mouth of the Rio Grande, was acquired in 1994, and consists of a number of tracts totaling approximately 1,060 acres of dunes, flats, marshes and coastal grasslands. It is surrounded by lagoons, vast tidal flats, and unusual brush-covered mounds called lomas. TPWD’s lands have been managed by the U.S. Fish and Wildlife Service (USFWS) as a component of the Lower Rio Grande National Wildlife Refuge since 2007 under the terms of a 50 year lease. A significant area within and adjacent to Boca Chica was subdivided into relatively small lots during the 20th century. Over the years a number of these lots, both inside and outside the state park, have been donated to TPWD or USFWS.
Due to its remoteness, minimal nearby development, and southern latitude, the area was chosen by SpaceX for the construction of a new space vehicle launch facility. Permitting and preliminary site work are underway on a 49-acre tract surrounded by the TPWD property. Recent incidents at the site have indicated a need for additional security measures, including the construction of an outer security fence to create a secured facility boundary. Due to the small size of the tract owned by SpaceX and the necessary layout of launch facilities within that tract, SpaceX requests an exclusive easement from TPWD on a strip of land 70’ wide along the west boundary of the SpaceX tract, totaling approximately 1.6 acres. As compensation for this taking of park land, SpaceX proposes to convey a 6.4 acre inholding within the park boundary to TPWD, construct a bollard and cable security fence along the south side of SH 4 to restrict unauthorized access to the park within 7 months, and along the north side of SH 4 within 19 months.
III. Recommendation:
“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A.”
Commission Agenda Item No. 5
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the Grant of an Exclusive Easement Covering Approximately 1.6 Acres of Land at Boca Chica Park in Cameron County
Resolution
Whereas, Texas Parks and Wildlife Department (TPWD) owns property often referred to as Boca Chica State Park (Boca Chica), comprising approximately 1,100 acres of coastal habitats including beaches, dunes, grasslands and mud flats; and,
Whereas, Boca Chica has been leased to the U.S. Fish and Wildlife Service (USFWS) for management as part of the Lower Rio Grande National Wildlife Refuge since 2007 under the terms and conditions of a 50 year lease; and,
Whereas, Space Exploration Technologies Corporation (SpaceX) has acquired approximately 49 acres of land adjacent to Boca Chica for the construction and operation of a space vehicle launch facility; and,
Whereas, staff of TPWD and SpaceX have worked together on a range of management and security issues of mutual concern to the two parties in an effort to minimize the impacts of SpaceX on Boca Chica without compromising the planning or development of the proposed SpaceX facilities; and,
Whereas, recent incidents on Boca Chica and SpaceX property have precipitated a desire on the part of SpaceX for improved site security to include a secondary security fence outside their existing fence, resulting in a “security zone”; and,
Whereas, construction of the additional fence and establishment of the security zone inside the existing SpaceX property is problematic due to engineering and regulatory constraints, including the distribution of jurisdictional wetlands on the property and the project design authorized by the approved Environmental Impact Statement; and,
Whereas, the proposed security fence and security zone would require the granting of an exclusive easement of approximately 1.6 acres from TPWD to SpaceX; and,
Whereas, USFWS has consented to the amendment of its 50-year lease of Boca Chica to allow this easement, in consideration for the addition of other lands to Boca Chica; 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 a newspaper of general circulation which is published at least six days a week in the community nearest to the Subject Tract in which such newspapers are published (Brownsville Herald in Cameron 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 that such notices specified the date and time at which the Commission would hear testimony regarding the requested easement; 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 approximately 1.6 acres of TPWD land (the Easement) which will be conveyed to SpaceX; and, (2) the program or project that requires the use or taking of land includes all reasonable planning to minimize harm to TPWD property; and,
Whereas, the Commission finds, in accordance with Section 11.301 of the Texas Parks and Wildlife Code, that TPWD will receive goods and services of value to TPWD, including the donation of no less than 6 acres of land, consisting of inholdings within Boca Chica, and the construction of a bollard and cable security fence along State Highway 4 to control trespass onto Boca Chica, and 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 grant the exclusive easement of approximately 1.6 acres to SpaceX for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
Adopted and approved this 26th day of May, 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
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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. 5
Exhibit B
Location Map for Boca Chica State Park in Cameron County
Commission Agenda Item No. 5
Exhibit C
Vicinity Map for Boca Chica State Park, 15 Miles East of Brownsville
Commission Agenda Item No. 5
Exhibit D
Site Map for Boca Chica State Park Showing Requested Easement Tract
Approximately 1.6 Acres Outlined in Red
