Commission Agenda Item No. 1
Presenter:
Stan David
Action
Pipeline Easement - Orange County
Approximately 1.3 Acres at the Lower Neches Wildlife Management Area
January 24, 2019
I. Executive Summary: ExxonMobil Pipeline Company requests a 1.3-acre pipeline easement across the Nelda Stark unit of the Lower Neches Wildlife Management Area (LNWMA).
II. Discussion: The 8,047-acre LNWMA consists primarily of coastal marshland donated to the Texas Parks and Wildlife Department (TPWD) in the late 1980s and early 1990s. ExxonMobil Pipeline Company has requested an easement to cross 1.3 acres of the Nelda Stark Unit of the LNWMA with a 10 inch-diameter pipeline to transfer ethylene products between its facilities. The preferred route of the pipeline easement will cross the northeast corner of the LNWMA adjacent to an existing power line right-of-way. Residential development adjacent to the LNWMA appears to make a pipeline route around the LNWMA infeasible. The proposed easement is 2,806 feet long by 20 feet wide. This easement will be for a horizontal directional bore under the LNWMA. There will be no surface impacts or surface expression other than marker signs. Compensation for the easement will be consistent with the terms and conditions of the TPWD damage and fee schedule.
III. Recommendation: The 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. 1
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the Pipeline Easement of an Approximately
1.30-Acre Tract of Land at
Lower Neches Wildlife Management Area in Orange County
Resolution
Whereas, ExxonMobil Pipeline Company (ExxonMobil) proposes to install a 10-inch diameter pipeline for the transmission of ethylene between its facilities in southeast Texas; and,
Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Lower Neches Wildlife Management Area (LNWMA) for a variety of recreation and conservation values, including restoration and management of marshes and other coastal wetlands that serve as significant habitat for a number of aquatic and semi-aquatic species and resident and migratory birds, including waterfowl and wading birds; and,
Whereas, ExxonMobil requests a pipeline right-of-way easement of approximately 1.30 acres crossing the LNWMA in Orange County, Texas (the Easement) to facilitate the installation of said pipeline; and,
Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Texas 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 LNWMA in which such newspapers are published (the 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 specified the date and time at which the Commission would hear testimony regarding the Easement; and,
Whereas, ExxonMobil has provided evidence that there is no feasible and prudent alternative to a pipeline route that crosses the LNWMA; and,
Whereas, ExxonMobil has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; and,
Whereas, TPWD staff believes that directional drilling of said pipeline, with bore pits, staging areas and other related impacts occurring off the LNWMA will minimize impacts to fish and wildlife resources, and therefore the granting of an Easement to ExxonMobil under such terms is not inconsistent with the mission of TPWD; 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 (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 conveyance of the Easement subject to conditions that will minimize the overall impacts of the Easement on the LNWMA 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 ExxonMobil for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
Adopted and approved this 24th day of January, 2019.
Commission Agenda Item No. 1
Exhibit B
Location Map for the Lower Neches Wildlife Management Area in Orange County
Commission Agenda Item No. 1
Exhibit C
Vicinity Map for the Lower Neches Wildlife Management Area (WMA),
between Port Arthur and Orange
Commission Agenda Item No. 1
Exhibit D
Site Map for Proposed Route of Requested Easement
