Commission Agenda Item No. 4
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 2.3 Acres of Real Property in Harris County for a Pump Station and Water Transmission Pipeline at Sheldon Lake State Park

Resolution

Whereas, Competitive Power Ventures, Inc. (CPV) proposes to construct a commercial power generation facility in east Harris County requiring the delivery of large volumes of water for cooling; and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Sheldon Lake State Park (SP) in east Harris County for a variety of education, recreation and conservation purposes, including operation of the Sheldon Lake Environmental Learning Center, and the restoration and management of coastal prairies, bottomland hardwoods and wetlands that serve as significant habitat for a number of resident and migratory species, including waterfowl and wading birds; and,

Whereas, a Coastal Water Authority (CWA) water canal flows through Sheldon Lake SP and delivers water to the Lynchburg Reservoir for use by area industries; and,

Whereas, an abandoned pump station exists on the SP consisting of sluice gates, a small reservoir, pumps, utilities and a water transmission pipeline for pumping water from the CWA canal; and,

Whereas, CPV has determined that the pump station and water transmission pipeline could be upgraded to provide the water needed for cooling of the proposed power generation facility; and,

Whereas, CPV has not identified any viable alternative to the Sheldon pump station for the delivery of the water needed for cooling the proposed power generation facility; and,

Whereas, CPV requests that the TPW Commission (the Commission) authorize the Executive Director to grant an easement to CPV for the adaptive reuse of the pump station and the installation of a water transmission pipeline across the SP (the Easement); and,

Whereas, 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 SP  in which such newspapers are published (the Houston Chronicle in Harris 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, CPV has provided evidence that there is no reasonable and prudent alternative to adaptive reuse of the existing pump station and construction of a new water transmission pipeline across the SP; and,

Whereas, CPV has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; and,

Whereas, CPV will undertake measures to minimize impacts from its operations on fish and wildlife resources, SP operations and management, including restoration of areas disturbed by construction, exotic species control, visual buffers and security measures as requested by CWA and TPWD, and therefore granting of an Easement to CPV under such terms is not inconsistent with the mission of TPWD; 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) resulting from the use or taking; 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 Competitive Power Ventures, Inc. for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 6th day of November, 2014.

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Dan Allen Hughes, Jr., Chairman

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Ralph H. Duggins, Vice-Chairman

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T. Dan Friedkin, Member, Chairman-Emeritus

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Roberto De Hoyos, Member

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Bill Jones, Member

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James H. Lee, Member

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Margaret Martin, Member

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S. Reed Morian, Member

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Dick Scott, Member

Commission Agenda Item No. 4
Exhibit B

Location Map for Sheldon Lake State Park in Harris County

Commission Agenda Item No. 4
Exhibit C

Vicinity Map for Sheldon Lake SP – Ten Miles Northeast of Houston

Commission Agenda Item No. 4
Exhibit D

Site Map Showing Proposed Easement Location at Sheldon Lake State Park