Commission Agenda Item No. 5
Presenter: Ted Hollingsworth

Action
Grant of Easement – Brazoria County
Approximately 66 Acres at the Justin Hurst Wildlife Management Area
November 7, 2019

I.      Executive Summary:  CenterPoint Energy Houston Electric, LLC (CenterPoint) requests the Texas Parks and Wildlife Commission (Commission) grant an easement for the crossing of the Justin Hurst Wildlife Management Area (WMA) by an electric transmission line.

II.     Discussion:  On September 12, 2018, CenterPoint filed an application with the Public Utility Commission to amend CenterPoint’s Certificate of Convenience and Necessity to construct a new 345-kV transmission line connecting the existing Bailey substation located in Wharton County to the existing Jones Creek substation located in Brazoria County.

The Justin Hurst WMA is located near the Jones Creek substation.  The preferred route would cross the WMA for approximately 5.4 miles by paralleling two existing parallel transmission lines that run through the WMA. CenterPoint and Texas Parks and Wildlife Department staff are reviewing options for line support structure composition, height, spacing and location, vegetation clearing and management, and access, in order to minimize harm to cultural, natural, operational, and aesthetic resources.

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.”

Attachments – 4

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map

Commission Agenda Item No. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of an Easement Covering Approximately 66 Acres of Real Property
in Brazoria County for the Construction and Operation of a 345-kV
Transmission 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 hardwood forests and marshes that serve as significant habitat for a number of resident and migratory species, including waterfowl and wading birds; and,

Whereas, CenterPoint Energy Houston Electric, LLC (CenterPoint) has filed an application with the Public Utility Commission to amend CenterPoint’s Certificate of Convenience and Necessity (CCN) to construct a new 345-kV transmission line connecting the existing Bailey substation located in Wharton County to the existing Jones Creek substation located in Brazoria County; and,

Whereas, TPWD intervened in the CCN matter and a new transmission line route has been proposed which addresses the concerns of TPWD staff that would cross the WMA for approximately 5.4 miles by paralleling two existing and parallel transmission lines that run through the WMA; and,

Whereas, CenterPoint and TPWD staff are working cooperatively on construction methods and compensation that will minimize and offset impacts to the WMA, while enhancing fish and wildlife values and opportunities for public recreation on 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,

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);  and (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 that the grant of an Easement subject to conditions that will minimize harm of the Easement to the WMA is in accordance with Section 11.301 of the Texas Parks and Wildlife Code; 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 Houston Electric, LLC for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 7th day of November, 2019.

signatures


Commission Agenda Item No. 5
Exhibit B

Location Map for Justin Hurst Wildlife Management Area in Brazoria County

Location Map for Justin Hurst Wildlife Management Area in Brazoria County


Commission Agenda Item No. 5
Exhibit C

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

Vicinity Map for Justin Hurst Wildlife Management Area


Commission Agenda Item No. 5
Exhibit D

Site Map for Justin Hurst Wildlife Management Area (WMA)
Proposed Route for 345-kV Transmission Line
Easement Route Shown in Red

Site Map for Justin Hurst Wildlife Management Area