Commission Agenda Item No. 2
Presenter: Jason Estrella

Action
Grant of Fiber Optic Cable Easement – Calhoun County
Approximately 0.3 Acre at the Guadalupe Delta Wildlife Management Area
January 21, 2021

I.      Executive Summary: American Electric Power Texas, Inc. (AEP) requests an easement to bore a conduit for a communications cable under (across) the entry drive to the Guadalupe Delta Wildlife Management Area (WMA).

II.     Discussion: AEP owns and maintains electric distribution lines that run along State Highway 35 and traverse the Mission Lake Unit of the Guadalupe Delta WMA, for approximately three miles on or near the north boundary of the WMA. The easements for the distribution lines precede Texas Parks and Wildlife Department’s (TPWD) acquisition of the WMA. AEP plans to add a communication line to the existing infrastructure to facilitate systems operations. The existing easements cover the addition of aerial lines to the existing poles. AEP plans on aerial installation of the communication line except at the entrance road to the WMA, where the existing spans will not support the communications cable. AEP requests an easement to drill a conduit under the right-of-way for the entrance road and to install the communication cable within this conduit. The proposed non-exclusive easement would be 827 feet long by 15 feet wide. AEP and TPWD staff find that this method of installation will minimize impacts to the WMA.

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.”

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Commission Agenda Item No. 2
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Grant of Fiber Optic Cable Easement Covering Approximately 0.3 Acre of Real Property in Calhoun County

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Guadalupe Delta Wildlife Management Area (WMA) for a variety of recreation and conservation values, including restoration and management of coastal marsh serving has habitat for resident and migratory birds, waterfowl hunting and fishing; and,

Whereas, American Electric Power Texas, Inc. (AEP) owns and maintains electric distribution lines that run along State Highway 35 and traverses the Mission Lake Unit of the WMA; and,

Whereas, the easements for the distribution lines precede TPWD acquisition of the WMA; and,

Whereas, AEP requests an easement to drill under the WMA’s entrance road right-of-way and install a conduit to house a fiber optic cable and tracer line within this conduit; and,

Whereas, TPWD staff and AEP find this method of installation will minimize impact to the WMA; and,

Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) 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 Victoria Advocate in Calhoun 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 PWC, 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 of an 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 PWC section 11.301 ; and,

Now, therefore, the 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 AEP for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 21^st day of January, 2021.

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Commission Agenda Item No. 2
Exhibit B

Location Map for Guadalupe Delta Wildlife Management Area in Calhoun County

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Commission Agenda Item No. 2
Exhibit C

Vicinity Map for Guadalupe Delta Wildlife Management Area (WMA)
Thirteen Miles West of Port Lavaca

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Commission Agenda Item No. 2
Exhibit D

Site Map for Proposed American Electric Power Texas, Inc. Easement at Guadalupe Delta Wildlife Management Area
Proposed Easement in Green
Guadalupe Delta Wildlife Management Area Boundary in Red