Commission Agenda Item No. 4
Presenter:
Ted Hollingsworth
Action
Grant of Conservation Easement - Stephens County
Approximately 33 Acres at Palo Pinto Mountains State Park
November 2, 2017
I. Executive Summary: Palo Pinto County Municipal Water District No. 1 requests that a conservation easement be placed on an irregular strip of land including an approximately 1.8-mile reach of the North Fork of Palo Pinto Creek to be held by a qualified third party.
II. Discussion: Palo Pinto County Municipal Water District No. 1 (PPCMWD) plans to expand the capacity of Lake Palo Pinto by constructing the Turkey Creek dam immediately downstream from the existing reservoir on Palo Pinto Creek. Mitigation for impacts associated with the project include restoration and management on stream segments similar to those being inundated by the project. In 2014, PPCMWD purchased a 450-acre tract adjacent to Palo Pinto Mountains State Park that was under a purchase option to Texas Parks and Wildlife Department (TPWD). As part of the assignment of the option, PPCMWD agreed to sell the tract to TPWD at a significantly reduced price once the necessary Clean Water Act permit was received and a conservation easement placed on the reach of the North Fork of Palo Pinto Creek running through the tract. TPWD has cooperated with PPCMWD since that time on access issues, stream assessment elsewhere in the state park, and long-term management planning.
The U.S. Army Corps of Engineers subsequently determined that additional stream credit is required to mitigate for the impacts of the proposed new reservoir. PPCMWD has looked for a source of that credit in several locations, all of which have proved unsuitable due to stream characteristics or the nature of the adjacent land use. PPCMWD has approached TPWD about the possibility of extracting those credits from a reach of North Palo Pinto Creek lying inside PPMSP, upstream from the aforementioned property. As a condition of the permit, a conservation easement would have to be placed on the stream corridor to ensure its restoration and management in perpetuity for native biological and hydrological values consistent with the permit. The conservation easement would cover an area approximately 150 feet wide by approximately 1.8 miles long. In exchange for the easement, PPCMWD would undertake long-term restoration and management actions fully consistent with the resource management goals and plans of the state park, freeing up TPWD resources to address other park management needs. The conservation easement would specifically allow the trails and low-impact recreational activities planned for that area of PPMSP. PPCMWD would identify and contract with a qualified land trust to hold the easement with TPWD concurrence.
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.”
Commission Agenda Item No. 4
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of a Conservation Easement Covering Approximately 33 Acres in
Stephens County at the Palo Pinto Mountains State Park
Whereas, Palo Pinto Mountains State Park (PPMSP) covers approximately 4,192 acres in Palo Pinto and Stephens Counties which is managed for fish and wildlife habitat and carefully managed public outdoor recreation; and,
Whereas, PPMSP includes more than four miles of the North Fork of Palo Pinto Creek, a perennial tributary of Palo Pinto Creek; and,
Whereas, Palo Pinto County Municipal Water District No. 1 (PPCMWD) plans to expand the capacity of Lake Palo Pinto by constructing the Turkey Creek dam immediately downstream from the existing reservoir on Palo Pinto Creek (the Project); and,
Whereas, mitigation for impacts associated with the Project include restoration and management of stream segments similar to those being inundated by the Project; and,
Whereas, in 2014, PPCMWD purchased a 450-acre tract adjacent to Palo Pinto Mountains State Park that was under a purchase option to Texas Parks and Wildlife Department (TPWD) to help meet mitigation requirements for the Project, and PPCMWD agreed to sell the tract to TPWD at a significantly reduced price once the necessary Clean Water Act permit (the permit) is received, and TPWD has cooperated with PPCMWD since that time on access issues, stream assessment elsewhere in the state park, and long-term management planning; and,
Whereas, PPCMWD has approached TPWD about the possibility of extracting additional stream credits from a reach of North Palo Pinto Creek lying inside PPMSP, and as a condition of the permit, a conservation easement (Easement) would have to be placed on the stream corridor to help ensure its restoration and management in perpetuity for native biological and hydrological values consistent with the permit; and,
Whereas, in the course of complying with its permit, PPCMWD will perform restoration and management actions on the creek and within the easement consistent with the Resource Management Plan for PPMSP, saving the Department conservation funds that can be used for other conservation purposes at PPMSP; and,
Whereas, the Easement would specifically allow for trails and low-impact recreational activities planned for that area of PPMSP; 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 (Fort Worth Star Telegram in Tarrant 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, staff of TPWD has worked with the PPCMD to maximize the conservation value of the proposed Easement and minimize possible adverse effects to PPMSP management and operations; 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 granting of a conservation easement (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; and,
Whereas, the Commission finds, in accordance with Section 11.301 of the Texas Parks and Wildlife Code that granting of the Easement subject to conditions that will minimize the overall impacts of the Easement on the state 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 grant the Easement at Palo Pinto Mountains State Park for the purposes and subject to the conditions described herein and in the motion approving this Resolution.
Adopted and approved this 2nd day of November, 2017.
______________________________________ ______________________________________
T. Dan Friedkin, Chairman Ralph H. Duggins, Vice-Chairman
______________________________________ ______________________________________
Anna B. Galo, Member Bill Jones, Member
______________________________________ ______________________________________
Jeanne W. Latimer, Member James H. Lee, Member
______________________________________ ______________________________________
S. Reed Morian, Member Dick Scott, Member
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Kelcy L. Warren, Member
Commission Agenda Item No. 4
Exhibit B
Location Map for Palo Pinto Mountains State Park in Palo Pinto and Stephens Counties
Commission Agenda Item No. 4
Exhibit C
Vicinity Map for Palo Pinto Mountains State Park - 70 Miles West of Fort Worth
Commission Agenda Item No. 4
Exhibit D
Site Map
West End of PPMSP Showing Location of Requested Conservation Easement in Red
