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Commission Agenda Item No. 12
Presenter: Ted Hollingsworth

Action Item Pipeline Easement Expansion – Armstrong County
Approximately 0.24 Acres at Palo Duro Canyon State Park
May 21, 2015

I.             Executive Summary: Mid-America Pipeline Company LLC (Mid-America) seeks an expansion to an existing pipeline easement for the purpose of installing a cathodic protection system.
II.           Discussion: Palo Duro Canyon covers 28,073 acres in Armstrong and Randall County. The park straddles the largest canyon in Texas, taking in tablelands, sheer cliffs, deep ravines, and a sweeping cross-section of rolling plains habitats. Mid-America owns and operates 8” and 10” pipelines that were installed in 1960 and 1972, in a common corridor across a tract subsequently acquired by Texas Parks and Wildlife Department (TPWD).

Mid-America is in the process of installing cathodic protection stations along the entire length of both these pipelines and requests that its existing easements be amended to include the area required. The design of the system necessitates that the cathodes be installed in an array perpendicular to the pipeline, and the company requests an easement 30’ x 350’ to accommodate the array and a solar-powered energizing and metering facility. In exchange for the expansion of the easement, Mid-America has agreed to consolidate and update its existing easements to require that all future activities in the park be subject to surface use agreements consistent with the terms and conditions customary for TPWD at the time of application.

III.       Recommendation: The staff recommends the Texas Parks and Wildlife (TPW) Commission adopt the following motion:

“The TPW Commission adopts the Resolution attached as Exhibit A.”

Attachments – 4

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map

Commission Agenda Item No. 12
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 0.24 Acre of Real Property in Armstrong County for the Installation of a Cathodic Protection System within Palo Duro Canyon State Park

Resolution

Whereas, in 2005, Texas Parks and Wildlife Department (TPWD) acquired the 8,736-acre “Home Camp” Ranch and added it to the Palo Duro Canyon State Park (the Park), established in 1933 to preserve unique habitats, landscapes, and recreational opportunities; and,

Whereas, the Home Camp Ranch tract acquired by TPWD included two (2) adjacent pipeline easements with two (2) pipelines constructed in 1960 and 1972, prior to the tract’s acquisition by TPWD, owned by Mid-America Pipeline Company LLC (Mid-America); and,

Whereas, Mid-America is in the process of installing cathodic protection systems at regular intervals along the length of these two pipelines to increase their safety and longevity; and,

Whereas, Mid-America desires to install one of these cathodic protection systems inside the Park to maintain the desired pipeline coverage along the entire length of the two existing pipelines; and,

Whereas, the cathodic protection system inside the Park will increase the safety and longevity of the two existing pipelines inside the Park; and,

Whereas, installation of the cathodic protection system inside the Park will require expanding Mid-America’s easement by approximately 0.24 acres; and,

Whereas, Mid-America has worked with staff of TPWD to locate the cathodic protection system in such a way as to minimize harm to the Park, including impacts to natural and cultural resources; 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 communities nearest to the state park in which such newspapers are published (Amarillo Globe-News in Potter 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, Mid-America has agreed that, in exchange for the expansion of its easement by approximately 0.24 acres, Mid-America and TPWD will update the existing easements by combining them into a single easement and providing that all future work by Mid-America in the Park shall be subject to a Surface Use Agreement to be negotiated at the time of the proposed work; 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 Park 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 Mid-America Pipeline Company LLC for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 21st day of May, 2015.


______________________________________
Dan Allen Hughes, Jr., Chairman

______________________________________
Ralph H. Duggins, Vice-Chairman

______________________________________
T. Dan Friedkin, Member, Chairman-Emeritus

______________________________________
Roberto De Hoyos, Member

______________________________________
Bill Jones, Member


______________________________________
James H. Lee, Member

______________________________________
Margaret Martin, Member

______________________________________
S. Reed Morian, Member

______________________________________
Dick Scott, Member

 



Commission Agenda Item No. 12
Exhibit B

Location Map for Palo Duro Canyon State Park

Location Map for Palo Duro Canyon State Park


Commission Agenda Item No. 12
Exhibit C

Vicinity Map for Palo Duro Canyon SP, 20 Miles Southeast of Amarillo

Vicinity Map for Palo Duro Canyon SP, 20 Miles Southeast of Amarillo


Commission Agenda Item No. 12
Exhibit D

Site Map for Requested Pipeline Easement Expansion

Site Map for Requested Pipeline Easement Expansion