Commission Meeting Agenda Item No. 6
Presenter: Ted Hollingsworth

Action
Expansion of Utility Easement – Brazoria County
Approximately 2.1 Acres at the Justin Hurst Wildlife Management Area
May 26, 2022

I.      Executive Summary: CenterPoint Energy Houston Electric, LLC (CenterPoint) requests an easement adjacent to a transmission line recently constructed on the Justin Hurst Wildlife Management Area (WMA) for the purpose of delivering power to an adjacent substation.

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.

In November 2019, the Texas Parks and Wildlife Commission (Commission) granted an easement of 66 acres across the Justin Hurst WMA to CenterPoint for the construction of a major 345-kV transmission line. Compensation for that easement including the addition of approximately 1,200 acres to the WMA. The transmission line was constructed in 2020 and energized in 2021.

At the time CenterPoint requested the easement, Texas Parks and Wildlife Department (TPWD) staff was advised that CenterPoint planned to partner with South Texas Energy Cooperative (STEC) to deliver 138-kV energy to a substation serving a planned industrial tank battery adjacent to their new easement. The routing of this power line includes a portion of an existing non-exclusive easement to STEC, and a narrow strip of land in between the existing STEC and CenterPoint easements. The easement was not requested by CenterPoint in 2019 because details of the footprint for the substation and the tank battery were still conceptual.

TPWD staff has met with CenterPoint representatives to discuss details of the new project and confirm compliance with Texas Parks and Wildlife Code chapter 26, which states that the 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 that the project includes all reasonable planning to minimize harm to the land.

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 2.1 Acres of Real Property in Brazoria County for the Construction and Operation of a 138-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, In 2020, CenterPoint Energy Houston Electric, LLC (CenterPoint) constructed a new 345-kV transmission line that crosses the WMA connecting the existing Bailey substation located in Wharton County to the existing Jones Creek substation located in Brazoria County; and,

        Whereas, At the time CenterPoint requested the easement, TPWD staff was advised that CenterPoint planned to partner with South Texas Energy Cooperative (STEC) to deliver 138-kV energy to a substation serving a planned industrial tank battery; and,

       Whereas, The feasible routing of the new 138-kV power line includes a portion of an existing non-exclusive easement to STEC, and a narrow strip of land in between the recent CenterPoint easement and an older Houston Lighting and Power (now CenterPoint) easement; and,

        Whereas, CenterPoint and TPWD staff are working cooperatively on construction methods 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 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 26^th day of May, 2022.

Commission Agenda Item No. 6
Exhibit B

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

Commission Agenda Item No. 6
Exhibit C

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

Commission Agenda Item No. 6
Exhibit D

Map of CenterPoint’s Requested Easement Shown in Red
Justin Hurst Wildlife Management Area Outlined in White