Commission Agenda Item No. 8
Presenter: Ted Hollingsworth

Action
Grant of Utility Easement – Brazoria County
Approximately 0.4 Acres at the Justin Hurst Wildlife Management Area
November 5, 2015

I.             Executive Summary: CenterPoint Energy requests a short easement at the Justin Hurst Wildlife Management Area (WMA) in order to provide power to a pipeline valve station.

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 2014-2015, Phillips 66 installed four new hydrocarbon pipelines within existing easements on the WMA. A remote valve station was installed just outside the boundary of the WMA. The valve station requires power provided by CenterPoint Energy to operate. Working with Texas Parks and Wildlife Department (TPWD) staff, CenterPoint and Phillips 66 have determined that the most prudent and least intrusive way to get power to the valve station from the existing CenterPoint right-of-way (ROW) is to issue a small easement connecting that ROW with the Phillips 66 ROW.

The four new pipelines are operational and it is critical for safety and regulatory reasons that the valve station be operational. Therefore a surface use agreement has been negotiated with CenterPoint to allow installation of the necessary utility line to proceed pending the authorization of an easement by the Texas Parks and Wildlife (TPW) Commission. Staff proposes to issue the new easement under the terms and conditions of the current “TPWD Damage and Fee Schedule.”

II.          Recommendation:

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

Attachments – 5

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map
  5. Exhibit E – Site Map Close-Up

Commission Agenda Item No. 8
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 0.4 Acres of Real Property in Brazoria County for an Electric 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, Phillips 66 owns and operates a number of transmission pipelines within easements that cross the WMA and which were executed prior to TPWD’s acquisition of the WMA; and,

Whereas, Phillips 66 has recently installed pipeline infrastructure on and adjacent to the WMA including a valve station which requires electrical power for operation; and,

Whereas, CenterPoint Energy owns and operates an overhead transmission line which passes very near the Phillips 66 pipeline, and has requested the necessary easement to provide power to Phillips 66 for operation of its valve station; 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 WMA in which such a newspaper is 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, CenterPoint Energy has provided evidence that there is no reasonable and prudent alternative to a utility easement route that crosses the WMA; and,

Whereas, CenterPoint Energy has worked with TPWD staff to site the needed easement and infrastructure in such a way as to minimize its footprint and impact on the natural resources and operations of the WMA; and,

Whereas, CenterPoint Energy has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; 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 CenterPoint Energy for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 5th day of November, 2015.


______________________________________
T. Dan Friedkin, Chairman

______________________________________
Ralph H. Duggins, Vice-Chairman

______________________________________
Dan Allen Hughes, Jr.

______________________________________
Bill Jones


______________________________________
James H. Lee

______________________________________
Margaret Martin

______________________________________
S. Reed Morian

______________________________________
Dick Scott

 



Commission Agenda Item No. 8
Exhibit B

Location Map for the Justin Hurst Wildlife Management Area in Brazoria County

Location Map for the Justin Hurst Wildlife Management Area in Brazoria County


Commission Agenda Item No. 8
Exhibit C

Vicinity Map for the Justin Hurst WMA, 60 Miles South of Houston

Vicinity Map for the Justin Hurst WMA, 60 Miles South of Houston


Commission Agenda Item No. 8
Exhibit D

Site Map for Proposed Justin Hurst WMA 0.4-Acre Utility Easement

Site Map for Proposed Justin Hurst WMA 0.4-Acre Utility Easement


Commission Agenda Item No. 8
Exhibit E

Close-Up Map Showing Detail of Proposed Easement

Close-Up Map Showing Detail of Proposed Easement