Commission Meeting Agenda Item No. 5
Presenter: Ted Hollingsworth

Action
Grant of Pipeline Easement – Brazoria County
Approximately 2 Acres at the Justin Hurst Wildlife Management Area
May 26, 2022

I.      Executive Summary: Phillips 66 requests an easement adjacent to an existing pipeline corridor across a portion of the Justin Hurst Wildlife Management Area (WMA) for the installation of a 12-inch natural gas transmission pipeline.

II.     Discussion: The Justin Hurst WMA consists of 14,771 acres of coastal prairies, bottomland hardwoods, and marshes and 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 Gulf Intracoastal Waterway.

Phillips 66 wishes to deliver natural gas from their Clemens underground storage facility northwest of the Justin Hurst WMA to customers and potential customers in Freeport, east of the Justin Hurst WMA. The communities of Jones Creek, Clute, and Lake Jackson make a more direct route infeasible.

Texas Parks and Wildlife Department (TPWD) staff has met with Phillips 66 representatives to review route analyses and discuss ways for the project to minimize harm to the land. Installing the pipeline by horizontal directional drilling adjacent to an existing pipeline corridor owned by a third party across the recently acquired “Huntington Estate” unit of the WMA appears to be the route that would result in the least amount of impact to the Justin Hurst WMA.

Commission Agenda Item No. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 2 Acres of Real Property in Brazoria County for the Construction and Operation of a 12-inch Natural Gas Pipeline

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, Phillips 66 owns the Clemens underground storage facility northwest of the WMA and wishes to transmit natural gas via a 12-inch pipeline from that facility to customers and potential customers in Freeport, east of the WMA; and,

Whereas, Phillips 66 and TPWD staff have analyzed potential routes for the pipeline and determined that the only feasible route will cross the Huntington Unit of the WMA; and,

Whereas, Phillips 66 and TPWD staff are working cooperatively on construction methods, including horizontal directional drilling, and compensation that will minimize and offset impacts to fish and wildlife values and public recreation on the WMA; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by 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 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 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 Phillips 66 for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 26^th day of May, 2022.

Commission Agenda Item No. 5
Exhibit B

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

Commission Agenda Item No. 5
Exhibit C

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

Commission Agenda Item No. 5
Exhibit D

Map of Phillips 66’s Requested Easement Route Shown in Red
Justin Hurst Wildlife Management Area Outlined in White
Justin Hurst Huntington Unit Outlined in Orange