Commission Agenda Item No. 12
Presenter: Ted Hollingsworth

Action
Grant of Pipeline Easement – Brazoria County
Approximately 6 Acres at the Justin Hurst Wildlife Management Area
August 27, 2020

I.      Executive Summary: The Enbridge Houston Oil Terminal project (EHOT) includes pipeline connections between existing and proposed tank farms located adjacent to the Justin Hurst Wildlife Management Area (WMA). Enbridge Inc. (Enbridge) requests an easement to cross the WMA with three 36-inch pipelines connecting the two tank farms.

II.     Discussion: The WMA consists of 14,734 acres of coastal prairies, bottomland hardwoods, and marshes, and it serves as significant habitat for a number of resident and migratory species, including waterfowl and wading birds. It is bordered on the north by the Village of Jones Creek, on the east by Port of Freeport lands, and on the south by the Intracoastal Waterway. Because of its proximity to port-related industrial development, including a unit of the Strategic Petroleum Reserve; oil, gas, and chemical distribution; and general port commerce, the WMA has received a number of requests for powerline and pipeline easements in recent years.

The distance to be spanned by the three pipelines is approximately 1,000 feet. The area to be traversed is already occupied by a high-voltage transmission line (with another one authorized) and a major pipeline corridor. Enbridge has submitted several route options to Texas Parks and Wildlife Department (TPWD) staff. TPWD staff has worked with Enbridge and with third-party consultants to determine the range of feasible and prudent installation alternatives and to minimize harm to the WMA.

III.   Recommendation: The staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A.”

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Commission Agenda Item No. 12
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 6 Acres for Three Pipelines Crossing the Justin Hurst Wildlife Management Area in Brazoria County

Resolution

Whereas, as part of the Enbridge Houston Oil Terminal project, Enbridge, Inc. (Enbridge) proposes to install three (3) 36-inch diameter pipelines for the transmission of hydrocarbons and petrochemicals between tank farms separated by part of the Justin Hurst Wildlife Management Area (WMA) in Brazoria County; and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the 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, Enbridge has requested a pipeline right-of-way easement of approximately 6 acres crossing the WMA (the Easement) to accommodate the installation of the proposed pipelines; and,

Whereas, Enbridge has provided evidence that there is no reasonable and prudent alternative to a pipeline route that crosses the WMA; and,

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

Whereas, TPWD staff has retained the services of pipeline routing and installation engineers to determine the range of feasible and prudent alternatives for the routing and installation of the three pipelines, including installation by horizontal directional drilling; and,

Whereas, staff believes that an easement route and installation methodology can be identified that will minimize harm to the WMA; 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 WMA in which such newspapers are 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 that such notices; and,

Whereas, the Commission affirms its authority to issue the requested easements in accordance with Section 11.301 of the Texas Parks and Wildlife Code; 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 (Easement); 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 Enbridgefor the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 27^st day of August, 2020.

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Commission Agenda Item No. 12
Exhibit B

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

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Commission Agenda Item No. 12
Exhibit C

Vicinity Map for the Justin Hurst Wildlife Management Area (WMA),
60 Miles South of Houston

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Commission Agenda Item No. 12
Exhibit D

Site Map Showing Proposed Easement Location
Justin Hurst Wildlife Management Area Outlined in White
Proposed Enbridge Easement Shown in Red