Commission Agenda Item No. 4
Presenter:  Ted Hollingsworth

Action
Request for Pipeline Easement – Brazoria County
Two Hydrocarbon Pipelines at the Justin Hurst Wildlife Management Area
November 7, 2012

I.       Executive Summary:  Enterprise Crude Pipeline Company LLC (Enterprise) requests an easement to directionally drill pipelines of 30” and 36” diameter across a portion of the Justin Hurst Wildlife Management Area in Brazoria County.

II.      Discussion:  The Justin Hurst Wildlife Management Area (the WMA) consists of 14,734 acres of coastal prairies, bottomland hardwoods and marshes that serves as significant habitat for a number of resident and migratory species, including waterfowl and wading birds.  Located near industrial facilities in Jones Creek and Freeport, several pipeline corridors already cross the WMA.  Enterprise, in consultation with TPWD staff, has selected a route for two (2) new pipelines, a 30” “Waller to Jones Creek” line and a 36” “Jones Creek to ECHO” pipeline that is part of a 65-mile leg of the Seaway Pipeline.  The pipelines will provide transportation services for customers to move crude oil from the existing storage terminal at Jones Creek to the ECHO Terminal and subsequent further shipment via Seaway, Enterprise and third party pipelines to the Gulf Coast refining centers in Houston and Port Arthur, Texas.

Enterprise project managers have worked with TPWD staff to minimize impacts to the WMA through route selection and agreeing to directionally drill the two pipelines.  The proposed route crosses 4,960 feet (301 rods) of the WMA.

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 – 4

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map

Commission Agenda Item No. 4
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an
Easement or Easements Covering Approximately 3.4 Acres of Real Property in Brazoria
County for Two Hydrocarbon Transmission Pipelines Crossing the
Justin Hurst Wildlife Management Area

Resolution

Whereas, Enterprise Crude Pipeline Company LLC (Enterprise) holds an easement for an existing pipeline right-of-way corridor that crosses the Justin Hurst Wildlife Management Area (WMA); and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the WMA for a variety of recreation and conservation values, including restoration and management of coastal prairies, bottomland hardwoods and marshes that serve as significant habitat for a number of resident and migratory species, including waterfowl and wading birds; and,

Whereas, Enterprise has requested an additional easement or the expansion of the existing easement by approximately 3.4 acres crossing the WMA in Brazoria County, Texas (the Easement); and,

Whereas, Enterprise plans to construct two (2) new pipelines, a 30” “Waller to Jones Creek” line and a 36” “Jones Creek to ECHO” pipeline that is part of a 65-mile leg of the Seaway Pipeline, that will provide transportation services for customers to move crude oil from the existing storage terminal at Jones Creek to the ECHO Terminal and to the Gulf Coast refining centers in Houston and Port Arthur, Texas; 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 that such notices; and,

Whereas, staff of TPWD have worked with Enterprise to select a route and construction methodologies including directional drilling and easement vegetation management protocols, that will minimize impacts to both fish and wildlife resources and to the operations of the WMA; and,

Whereas, Enterprise has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; and,

Whereas, Enterprise has provided evidence that an alternate route for the construction of the two pipelines could result in greater net impacts to fish and wildlife habitat; and,

Whereas, TPWD staff believe that alternative routes and installation methods for the two pipelines are likely to result in greater net impact to the state’s fish and wildlife resources, and therefore granting of an Easement or Easements to Enterprise for the two pipelines is not inconsistent with the mission of TPWD; 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 (Easement); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that conveyance of the Easement subject to conditions that will minimize the overall impacts of the Easement on the WMA is in the best interest of TPWD; 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 or Easements to Enterprise Crude Pipeline Company LLC for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 8th day of November 2012.

___________________________________
T. Dan Friedkin, Chairman

___________________________________
Ralph H. Duggins, Vice-Chairman

___________________________________
Antonio Falcon, M.D., Member

___________________________________
Karen J. Hixon, Member

___________________________________
Dan Allen Hughes, Jr., Member

___________________________________
Bill Jones, Member

___________________________________
Margaret Martin, Member

___________________________________
S. Reed Morian, Member

___________________________________
Dick Scott, Member


Commission Agenda Item No. 4
Exhibit B

Location Map for Justin Hurst WMA in Brazoria County


Commission Agenda Item No. 4
Exhibit C

Vicinity Map for the Justin Hurst WMA 55 Miles South of Houston


Commission Agenda Item No. 4
Exhibit D

Site Map Showing Proposed Route of Pipelines across WMA
Outline of WMA in Yellow
Proposed Pipeline Route in Red


Back to Top
Back to Top