Commission Agenda Item No. 10
Presenter:  Ted Hollingsworth

Action
Request for Easement – Brazoria County
Power Line Easement at Justin Hurst Wildlife Management Area
January 27, 2011

I.       Executive Summary:  Dow Pipeline Company requests an easement to install a cathodic protection (CP) unit to protect three existing pipelines crossing the 13,777-acre Justin Hurst Wildlife Management Area (WMA) in Brazoria County.

II.     Discussion:  The Justin Hurst WMA was established in 1986 to conserve a mosaic of coastal prairie, marsh and riparian woodland. The site is important for migratory waterfowl and is a popular waterfowl hunting destination.

Several pipeline and utility corridors cross the WMA.  One corridor contains pipelines belonging to Dow Pipeline Company.  The company has determined that adequate cathodic protection (CP) cannot be provided by existing CP units outside the WMA’s boundaries, and wishes to install a single CP unit within the WMA to provide this protection to three existing pipelines.

The CP unit will consist of a rectifier mounted on a short pole adjacent to the pipelines, an anode well 350’ deep, to be drilled near the rectifier, and a power line to provide electricity for the CP unit.  Staff has evaluated the proposal and believes that installation of a CP unit is appropriate.

III.    Recommendation:  The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The 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 – Site Map
  5. Exhibit E – Project Map

Commission Agenda Item No. 10
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately One Third of an Acre of Real Property in Brazoria County for the Installation of a Cathodic Protection Unit on the Justin Hurst Wildlife Management Area

Whereas, Texas Parks and Wildlife Department (TPWD) staff have recommended that the Texas Parks and Wildlife Commission (Commission) approve granting an easement covering approximately 1/3rd acre (the Easement) on the Justin Hurst Wildlife Management Area (WMA) to Dow Pipeline Company (Dow) for installation of a Cathodic Protection Unit (CP Unit); and,

Whereas, Dow owns and operates three pipelines crossing the WMA that will be better protected against corrosion and failure by the installation of a CP Unit; and,

Whereas, the WMA supports fish and wildlife resources of the state, including migratory waterfowl and wetland habitat, that would be negatively impacted by a leak or failure of any of the Dow pipelines;  and,

Whereas, Dow has worked with staff of the WMA to design a CP Unit that will minimize impacts to fish and wildlife resources; and,

Whereas, TPWD has published notice of the Commission’s consideration of this matter as required by Parks and Wildlife Code, Chapter 26;

Whereas, the Commission finds, in accordance with Chapter 26 and Section 13.009 of the Texas Parks and Wildlife Code that (1) conveyance of the Easement subject to conditions that will minimize impacts to fish and wildlife resources is in the best interest TPWD; (2) there is no feasible and prudent alternative to granting the Easement to Dow for achieving desired cathodic protection of the Dow pipelines and, (3) the Easement includes all reasonable measures to minimize harm to the WMA from the Easement; 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 Dow for the purposes described herein.

Adopted and approved this 27th day of January 2011.

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Peter M. Holt, Chairman

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T. Dan Friedkin, Vice-Chairman

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Mark E. Bivins, Member

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Ralph H. Duggins, Member

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Antonio Falcon M.D., Member

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Karen J. Hixon, Member

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Dan Allen Hughes, Jr., Member

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Margaret Martin, Member

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S. Reed Morian, Member


Commission Agenda Item No. 10
Exhibit B

Location of Justin Hurst WMA in Brazoria County

Location of Justin Hurst WMA in Brazoria County


Commission Agenda Item No. 10
Exhibit C

Vicinity Map for Justin Hurst WMA – 50 Miles South of Houston

Vicinity Map for Justin Hurst WMA - 50 Miles South of Houston


Commission Agenda Item No. 10
Exhibit D

Justin Hurst WMA Showing Location of Easement Request

Justin Hurst WMA Showing Location of Easement Request


Commission Agenda Item No. 10
Exhibit E

Map with Project Details

Map with Project Details


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