Commission Agenda Item No. 7
Presenter:
Stan David
Action
Grant of Easement - Jefferson County
Approximately 9 Acres at the J.D. Murphree Wildlife Management Area
March 22, 2018
I. Executive Summary: An easement across Texas Parks and Wildlife Department (TPWD) land is needed to provide access to Jefferson County for the installation and maintenance of a hydrologic siphon for marsh restoration purposes on the J.D. Murphree Wildlife Management Area (WMA).
II. Discussion: The 24,498-acre J.D. Murphree WMA preserves a mosaic of tidal, intermediate, and freshwater wetlands including bayous, ponds, lakes, emergent marshes, salt meadows, and coastal prairie. The WMA is managed for its diversity of native wetland habitats and associated species such as alligators and waterfowl.
The WMA is severed by the Gulf Intracoastal Waterway (GIWW), constructed and improved prior to World War II to facilitate cost-effective commerce along the Gulf Coast. The GIWW severed the flow of fresh water from north to south, dramatically altering salinity and drainage regimes in the WMA, especially south of the GIWW. The lack of freshwater inflows and influx of saltwater have resulted in significant loss of marsh. Loss of marsh has resulted in erosion and expansion of open-water areas, reducing the overall value of the WMA for a wide diversity of target conservation species, including crustaceans, fish, amphibians, reptiles, mammals, and birds.
For the past decade, a number of partners have worked closely with TPWD and the U.S. Fish and Wildlife Service to develop the Salt Bayou Watershed Restoration Plan in an effort to offset decades of detrimental impacts to the WMA and adjacent McFaddin National Wildlife Refuge from the GIWW, shoreline erosion, subsidence, storms, and other factors. A key component of the Plan is the installation of four (4) 36” diameter siphons in the WMA that will carry freshwater from north of the GIWW, under the GIWW, to wetlands south of the GIWW. This inflow of freshwater will greatly help restore hydrologic balance to a significant component of a 139,000-acre marsh system – the most extensive salt marsh system in Texas. Jefferson County will construct and maintain the siphon system. An easement covering approximately nine acres is needed to provide the required access to Jefferson County for this purpose.
III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:
“The Texas Parks and Wildlife 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 on
Approximately 9 Acres of Real Property in Jefferson County for the Installation and Maintenance of a Freshwater Siphon at J.D. Murphree Wildlife Management Area
Resolution
Whereas, the Texas Parks and Wildlife Department (TPWD) owns and manages the J.D. Murphree Wildlife Management Area (WMA) for a variety of outdoor recreation opportunities and conservation values, including restoration and conservation of an extensive landscape of coastal wetlands, including lakes, bayous and marshes; and,
Whereas, construction of the Gulf Intracoastal Waterway (GIWW) during the first half of the 20th century, coupled with subsidence and other natural and manmade causes, has significantly altered freshwater inflows and exacerbated saltwater inundation of wetlands that were historically fresh, intermediate, and brackish; and,
Whereas, TPWD and several partners, including U.S. Fish and Wildlife Service and Jefferson County, have worked together for years to develop the Salt Bayou Watershed Restoration Plan (Plan) to address the issue of wetland conversion and loss, especially south of the GIWW on the WMA and on the McFaddin National Wildlife Refuge (NWR); and,
Whereas, TPWD and its partners have successfully secured grants and other sources of funding to implement components of the Plan; and,
Whereas, an integral component of the Plan is the construction of siphons on the WMA and the NWR to carry freshwater from north of the GIWW to wetlands south of the GIWW; and,
Whereas, Jefferson County proposes to take the lead for installation of the siphon on the WMA, and TPWD desires that Jefferson County should function in this capacity; and,
Whereas, an Easement of approximately 9 acres to Jefferson County is needed to facilitate its role in the installation of the siphon; and,
Whereas, the Texas Parks and Wildlife Commission (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 (Beaumont Enterprise in Jefferson 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; and,
Whereas, the Commission finds, in accordance with Texas Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project that requires the use or taking of land includes all reasonable planning to minimize harm to the land ; and,
Whereas, the Commission finds, in accordance with Section 11.301 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 Jefferson County for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 22nd day of March, 2018.
In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 25th day of January, 2018.
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Ralph H. Duggins, Chairman
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S. Reed Morian, Vice-Chairman
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T. Dan Friedkin, Member
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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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Dick Scott, Member
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Commission Agenda Item No. 7
Exhibit B
Location Map for JD Murphree WMA in Jefferson County
Commission Agenda Item No. 7
Exhibit C
Vicinity Map for JD Murphree WMA - South of Port Arthur
Commission Agenda Item No. 7
Exhibit D
Site Map for the Siphon Project Location
Commission Agenda Item No. 7
Exhibit E
Close-Up of Siphon Site Siphon in Red Easement Outlined in White
