Commission Agenda Item No. 6
Presenter: Ted Hollingsworth

Action
Grant of Pipeline Easement – Brazoria County
Approximately 30 Acres at the Justin Hurst Wildlife Management Area
November 10, 2020

Grant of Pipeline Easement – Brazoria County

Approximately 30 Acres at the Justin Hurst Wildlife Management Area

I.    Executive Summary: Sentinel Midstream (Sentinel) and Texas GulfLink, LLC (GulfLink), a subsidiary of Sentinel, request an easement across the Justin Hurst Wildlife Management Area (WMA) for the installation and maintenance of one 36-inch and one 42-inch pipeline.

II.    Discussion: The Justin Hurst WMA consists of 14,734 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. Because of its proximity to port-related industrial development, including a unit of the Strategic Petroleum Reserve, oil and gas and chemical distribution, and general port commerce, the WMA has received a number of requests for infrastructure easements in recent years, primarily for pipelines and powerlines.

Sentinel is in the process of designing and seeking permits for crude oil storage and transport facilities including a tank battery north of the WMA and associated transmission pipelines. The facilities would handle crude oil coming from the Strategic Petroleum Reserve facility at the Port of Freeport and would transport that oil to an offshore loading terminal, which is also currently in the permitting process. GulfLink proposes to construct one 36-inch and one 42-inch pipeline across the WMA to transport oil to and from the tank battery, the Strategic Petroleum Reserve, and the offshore loading terminal. Sentinel requests that the Texas Parks and Wildlife Department (TPWD) issue the necessary easement to GulfLink for the installation of the two pipelines.

TPWD and Sentinel have negotiated a proposed route for the requested pipeline easement. To comply with chapter 26 of the Texas Parks and Wildlife Code, Sentinel has agreed that all sections of the pipelines within the boundaries of the WMA would be installed by horizontal directional drilling, and that access routes, bore pits, laydown areas, and staging areas will be designed to minimize short and long-term impacts to the WMA.

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.”

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Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 30 Acres of Real Property in Brazoria County for the Construction and Operation of 36-Inch and 42-Inch Pipelines

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, Sentinel Midstream (Sentinel) and its subsidiary Texas GulfLink, LLC (GulfLink) are seeking permits for crude oil storage and transport facilities including a tank battery north of the WMA and associated transmission pipelines; and,

Whereas, Sentinel requests that an easement across the Justin Hurst Wildlife Management Area be issued to GulfLink for the installation and maintenance of one 36-inch and one 42-inch pipeline; and,

Whereas, Sentinel has agreed to horizontal directional drilling installation of all pipelines crossing the WMA and to a route that significantly reduces the length of the easement across the WMA; and,

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

Adopted and approved this 10^th day of November, 2020.

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Commission Agenda Item No. 6
Exhibit B

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

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Commission Agenda Item No. 6
Exhibit C

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

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Commission Agenda Item No. 6
Exhibit D

Map of Sentinel’s Requested Easement Route Shown in Yellow Justin Hurst Wildlife Management Area Outlined in White