Commission Meeting Agenda Item No. 8
Presenter: Jason Estrella

Action
Request for Fiber Optic Cable Easement – Bastrop County
Approximately 0.2 Acres at Buescher State Park
March 24, 2022

I.      Executive Summary: The University of Texas at Austin has contracted AT&T to provide fiber optic data connectivity to the Stengl Lost Pines Biological Station (SLP), operated by the College of Natural Sciences.  On behalf of this project, AT&T has requested an easement for an underground fiber optic cable across Park Road 1C at Buescher State Park (SP).

II.     Discussion: Buescher SP consists of 1,060 acres of Lost Pines ecosystem and serves as significant habitat for a number of species, including the endangered Houston Toad.

The SLP sits approximately three-quarters of a mile north of Buescher SP and provides research opportunities and scientific pursuits pertaining to the Lost Pines ecosystem.  The SLP recently expanded its field station and is investing in new research facilities to implement several high-profile research programs that will investigate various aspects of the ecology and environment of the Lost Pines ecosystem.  The fiber optic cable will provide new data connectivity to support these efforts.  The proposed non-exclusive easement would be approximately 800 feet long by twelve feet wide and will be bored under and across Park Road 1C.  AT&T and Texas Parks and Wildlife Department (TPWD) staff find that this method of installation will minimize impacts to the Buescher SP.

TPWD staff has been in discussion with AT&T representatives to review route analyses and discuss ways for the project to comply with Texas Parks and Wildlife Code chapter 26, which states that the Texas Parks and Wildlife Commission may authorize the issuance of an easement if it finds there is no feasible and prudent alternative to the use or taking of TPWD land and the project includes all reasonable planning to minimize harm to the land.

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.”

Attachments – 5

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Property Map
  5. Exhibit E – Map of Requested Easement Route

Commission Agenda Item No. 8
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Grant of Fiber Optic Cable Easement Covering Approximately 0.2 Acres of
Real Property in Bastrop County

Resolution

            Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Buescher State Park (SP) for a variety of recreation and conservation values, including habitat restoration and management for the endangered Houston Toad; and,

            Whereas, AT&T owns and maintains fiber optic connectivity lines that run south of the SP and Park Road 1C; and,

            Whereas, the Stengl Lost Pines Biological Station (SLP), operated by the College of Natural Sciences, University of Texas at Austin has contracted AT&T to provide fiber optic data connectivity to the SLP; and,

            Whereas, AT&T requests an easement to bore under Park Road 1C at Buescher SP and install a fiber optic cable to run north to the SLP; and,

            Whereas, TPWD staff and AT&T find this method of installation will minimize impact to the SP; 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 SP in which such newspapers are published (the Austin-American Statesman in Travis 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) and  (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 SP 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 AT&T 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 March, 2022.

Arch “Beaver” Aplin, III, Chairman

Dick Scott, Vice-Chairman

James E. Abell, Member

Oliver J. Bell, Member

Paul L. Foster, Member

Anna B. Galo, Member

Jeffery D. Hildebrand, Member

Robert L. “Bobby” Patton, Jr., Member

Travis B. “Blake” Rowling, Member



Commission Agenda Item No. 8
Exhibit B

Location Map for Buescher State Park in Bastrop County


Commission Agenda Item No. 8
Exhibit C

Vicinity Map for Buescher State Park 30 Miles Southeast of Austin


Commission Agenda Item No. 8
Exhibit D

Area Map of Buescher State Park
Location of AT&T’s Requested Easement in Yellow
Location of the Stengl Lost Pines Biological Station in Green
State Park Boundary in Red


Commission Agenda Item No. 8
Exhibit E

Map of Requested Easement Route