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HomeMy WebLinkAbout003-20 (CUPNewCingularWirelessLLC(AT&T)) ORDINANCE 17 Action: PLANNING COMMISSION; June 3, 2020 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: July 8, 2020 Approved ORDINANCE CONDITIONAL USE PERMIT #02-20 NEW CINGULAR WIRELESS LLC (AT&T) WHEREAS,CONDITIONAL USE PERMIT APPLICATION#02-20 was submitted by Joey Prieto of New Cingular Wireless LLC (AT&T), on behalf of Elva Hahn to construct a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures was considered. The property is located at 141 Fairview Road, Gore, Virginia and is further identified with Property Identification Number 26-A-29 in the Gainesboro Magisterial District; and WHEREAS,the Frederick County Plazming Commission held a public hearing on this Conditional Use Permit on June 3, 2020 and recommended approval of this Conditional Use Permit; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular ineeting on July 8, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Pennit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit #02-20 for a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures on the parcel identified with Property Identification Number 26-A-29 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all tinges. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve(12)months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Pennit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. 7. The tower shall include lighting for air traffic safety purposes. This ordinance shall be in effect on the date of adoption. Passed this 8"' day of July 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chainuan Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPS' ATTEST Kris C. T erney Frederick County Administrator PDRes #19-20 BOS Res. #003-20 4�CK COG CONDITIONAL USE PERMIT #02-20 New Cingular Wireless PCS, LLC (AT&T) { Staff Report for the Board of Supervisors Prepared: June 29,2020 3, Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also he useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending PROPOSAL: To construct a 199-foot tall monopole telecommunication facility with accessory structures. LOCATION: The subject property is located at 141 Fairview Road, Gore, Virginia. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/08/20 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures. The Planning Commission held a public hearing for this application at their June 3'meeting and recommended approval. Should the Board of Supervisors find this application to be appropriate, the Planning Commission recommended that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit,the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP # 02 - 20: New Cingular Wireless PCS, LLC PIN: 26 - A a 29 Cell Tower Zoning Map y ,� CUP#,02;_2'0, f, 7. h 5•. DW m _ @ ammm d ! l 50 _ � T,f10. F,1KE HAMPSHIRE COUNTY f so J APPiication T N Parcels W E f 5 l Frederick County Planning&Development 107 N Kent 5t Winchester,VA 22601 540-665-5651 i 175 350 7I Feet Map Created:April 1,2020 aw y RF ,justification Site Name: FROG EYE SIRB U€H Address: 141 Fairview Road, Gore VA 22637 (Frederick County) The main objective of this site is to add and enhance AT&T coverage along Route 50, SR-707, SR-610, SR-703, SR-259 and the surrounding areas in Gore VA. The addition of this site will improve coverage including in-building coverage in the commercial and residential areas along Fairview Road, Pletcher Road and Maple Hills Drive. Currently, this area has weak AT&T coverage. The Proposed site will also ensure overlap coverage, handoffs and off-load traffic among existing AT&T Sites Cross 3unction and Wild Acres, Commuters and residents will experience better quality of voice and data services from AT&T with the addition of Coldbrook site. AT&T is proposing for 190' Rad Center for this site to meet its coverage and capacity needs. Prepared by Guurav Hehl RF Engineer Approved by: Sandeep Gupta RF Design Manager AT&T mobility 7150 Standard Drive Hanover,MD Tel: 410-712-7817 Fax:410-712-7784 Statement of Compliance and Justification for AT&T's Proposed 199' Monopole Telecommunication Facility at 141 Fairview Road,Gore, Virginia 22637 Applicants: New Cingular Wireless PCS,LLC (d/b/a AT&T Mobility) 7150 Standard Drive Hanover, MD 21076 Rocon, LLC 9101 Chesapeake Ave Sparrows Point, MD 21219 Representatives: Gregory E.Rapisarda and Douglas A. Sampson Saul Ewing Arnstein&Lehr,LLP 500 East Pratt Street, Suite 900 Baltimore,MD 21202-3171 (410) 332-8661 Greg.Rapisarda@saul.com Douglas.Sarnpson@saul.com AT&T Site#: 4124 "Frog Eye Sirbaugh" FA# 10138153 Property Owner: Hatt Emma J. Etals Tax Map/Parcel: 26-A-29 Instrument#: 18 0012690 Property Address: 141 Fairview Road, Gore,Virginia 22637 Zoning Designation: RA (Rural Area) Magisterial District: Gainesboro Jurisdiction: Frederick County, Virginia Acreage: 14.37 acres Pursuant to Section 15.2-2232 of the Code of Virginia and Chapter 23 and Sections 165-103 and 165-204.19 of the Frederick County Zoning Ordinance ("Zoning Code"), New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility ("AT&T"), by and through its agent/counsel, Saul Ewing Arnstein & Lehr, LLP, and Rocon, LLC hereby request a determination that the proposed wireless telecommunication application described herein is in substantial compliance with the Frederick County Comprehensive Plan and is authorized for a conditional use. We appreciate your time and consideration in review of this application for a Conditional Use Permit. The following document and attached Exhibits provide a justification for AT&T's proposal, and a brief explanation as to how and why this proposal conforms with the Zoning Code. This information, as well as additional and clarifying evidence to be presented at an upcoming public hearing, provide the foundation for approving AT&T's 36297090.6 04/0672020 1 application for a Conditional Use Permit. The following Exhibits are attached to this Justification Statement: EXHIBITS Exhibit 1 RF Justification Statement Exhibit 2 AT&T Wireless Broadband Usage During COVID-19 Crisis Exhibit 3 AT&T FirstNet Information Sheets Exhibit 4 Maps of AT&T Search Area Exhibit 5 Site Plan in 8.5"x I I" Exhibit 6 Richard A. Forsten, Wendie C. Stable, and Olfunke 0.Fagbami, Cell Phone Towers Do Not Affect Property Values,American Bar Association Probate&Property(May/June 2016) Exhibit 7 Engineering Certification Letter Exhibit 8 RF Emissions Compliance Letter Exhibit 9 Affidavit of Tower Removal Exhibit 10 FCC NEPA Survey Exhibit I 1 County Agency Comment Sheets 1. AT&T'S GOALS AND NEED FOR IMPROVED WIRELESS SERVICES AT&T is licensed by the Federal Communications Commission ("FCC") to provide wireless telecommunications services in Frederick County,Virginia. Pursuant to Zoning Code § 165-401.03, a telecommunications tower is permitted in the RA District with a conditional use. AT&T needs the proposed telecommunications tower to provide and improve the delivery of emergency and non-emergency wireless and broadband services to residents in Frederick County,Virginia. The proposed telecommunications facility will add and improve AT&T's wireless broadband services near the Virginia/West Virginia border along Route 50 (Northwestern Turnpike), SR-707, SR-610, SR-703, SR-259, and in the surrounding Gore, Virginia community. (See RF Justification Statement, attached as Exhibit D. The proposed facility will include in-building coverage in the commercial and residential areas along Fairview Road,Fletcher Road, and Maple Hills Drive. See Ex. I . The proposed facility will ensure adequate overlapping coverage between and among AT&T's existing facilities to the east. Ultimately,the proposed facility will allow residents and commuters to experience better quality, improved broadband access, and diminished dropped calls. The necessity of accessible and reliable wireless broadband services has never been more clear. According to the FCC, more than half of the families in the United States have only cellular phones, with no "landline" in their home. More than 80%of 9- 1-.1 calls are made from mobile phones. During the COVID-19 crisis, wireless and broadband services became essential for millions of Americans who were forced to stay home. Adequate coverage allowed people to telework, participate in teleconferences, attend virtual school lessons, visit remotely with a doctor or therapist, attend online worship services, and keep in touch with family members and friends. 36297050.6 64!66/2020 2 Over the first three weeks of the COVID-19 crisis, AT&T saw a significant increase in voice calling, instant messaging, text messages, and video services. (See AT&T Wireless Broadband Usage During COVID-19 Crisis attached as Exhibit 2). The use of audio-conferencing solutions and large-scale webcast events each tripled, as business and schools adapted to the need for remote communications. See Ex. 2). The usage of audio, web, and video conferencing tools increased by five times. See Ex. 2 . Having sufficient and reliable wireless broadband coverage has never been more important. II. FIRST RESPONDER NETWORK AUTHORITY("FIRSTNET") The proposed site will enhance and expand the First Responder Network Authority ("FirstNet") in Frederick County. FirstNet is a nationwide high-speed broadband communications platform dedicated solely to America's first responders and emergency personnel. Fallowing the recommendation of the 9/11 Commission, the United States Congress established FirstNet to provide reliable public safety networks across the country and dedicated bandwidth for use by first responders. (See AT&T First Net Information Sheets attached as Exhibit 3). The goal was to prevent the pervasive communications failures that occurred during the 9/11 terrorist attacks. The federal government entered into an exclusive contract with AT&T to provide FirstNet services, and.FirstNet is only available where AT&T has sufficient wireless coverage. On July 11, 2017, the Commonwealth of Virginia became the first state to opt into the FirstNet National Safety Broadband Network. Every U.S. state and territory has since opted in. The full importance and efficacy of FirstNet has been revealed by the recent COVID-19 crisis. During the nationwide emergency, FirstNet is ensuring that first responders have adequate communications free of commercial congestion. More than 11,000 agencies, including FEMA and the U.S. Coast Guard are using more than 1.2 million FirstNet connections during the COVID-19 crisis. See Ex. 3). FirstNet offers dedicated deployable assets to FirstNet subscribers to boost coverage where its needed, such as in remote areas or at field hospitals See Ex. 3 . FirstNet is being extensively utilized by the U.S.Navy hospital ships operating in New York and Los Angeles. III. THE PROPOSED TELECOMMUNICATIONS FACILITY When AT&T has a need for coverage, it first seeks to co-locate antennas onto or within an existing structure. In accordance with Zoning Code § 165-204.19(A), AT&T has provided maps depicting the search area used in siting the proposed commercial telecommunications facility. See Ma of AT&T Search Area attached as Exhibit 4). AT&T's closest existing telecommunications facilities are located 7.5 miles to the west (in West Virginia), 5.4 miles to the northeast and 4.6 miles to the southeast. (&e Ex. 4 at j). There were no existing telecommunications facilities or structures over 75 feet which might be viable for co-location opportunities within AT&T's search ring. 36297050,6 04/06/2020 3 In order to meet the AT&T's coverage goals, AT&T conducted a search ring with a radius of approximately one mile. It was determined AT&T must place the proposed telecommunications facility within the search ring to fill the existing coverage gaps and optimize AT&T's coverage. Therefore, all existing structures outside of the mile radius search ring were ruled out. AT&T conducted a search for existing structures within the search ring for possible co-location opportunities. See Ex. 4). The area is mostly rural farm Iand with few businesses, and AT&T did not identify any building or structure over 75 feet in height. Therefore, there were no viable co-location opportunities within the search area. Additionally, AT&T conducted an "Antenna Structure Registration" search through the Federal Communication Commission and determined there were no existing commercial telecommunication towers within the one-mile search ring. The closest nearby telecommunications facility is owned by Shentel Communications, which is located 1.2 miles from the proposed site. That tower is already at capacity with no space for additional telecommunications equipment. The tower is only 105 feet tall. Even if AT&T was able to locate its equipment at 105 feet, AT&T's engineers have determined it would not meet AT&T's existing coverage needs. With no viable co-location opportunity, AT&T determined, and its investigation confirmed, that a new tower was required. AT&T determined that property at 141 Fairview Road in Gore, Virginia 22637 (the "Property") was viable from a technical perspective (Le. radio frequency), a zoning perspective (i.e. permitted use in the RA district and compliant with all regulations), and from a land owner perspective (i.e. a land owner willing to lease space to AT&T). The proposed telecommunications facility consists of a 199' monopole within a 50' x 50' (2,500 sq. feet) equipment compound surrounded by a 6' chain link fence, topped with 12 inches of barbed wire as an anti-climbing device (the "Facility"). See Site Plan attached as Exhibit 5). The 199' tower consists of a 193' monopole topped by a 6' lightning rod (the "Proposed Tower"). The Proposed Tower will allow AT&T to locate its antennas at a RAD center of 188' and it will allow at least three future carriers to locate antennas at 178', 168' and 158' respectively. The height of the monopole will eliminate AT&T's current network deficiencies and provide the maximum utility for other commercial carriers to co-locate their equipment to fill existing coverage gaps in their own networks. The Facility will operate automatically and will not require any personnel or hours of attendance. It will operate twenty-four (24) hours a day, three hundred and sixty-five days a year. Maintenance personnel will visit the site occasionally for repairs or modifications to the Facility. The Facility will comply with all relevant standards set forth in the Zoning Code and other relevant regulations. IV. COMPLIANCE WITH THE 2035 COMPREHENSIVE PLAN The Facility will not change the character of development in the area, will not affect the use and enjoyment of surrounding properties, and is in accordance with the Frederick County Comprehensive Plan. The Zoning Code permits telecommunications 36297050.6 4410612020 4 facilities in the RA (Rural Area) Zoning District with an approved Conditional Use Permit. See Zoning Code § 165-401.03. The properties immediately adjacent and surrounding the Property are all zoned R.A. The Property is over 14 acres in size, allowing the Facility to be located in the center of the Property, well away from adjacent properties and existing roadways. The proposed site is ideal, because its location and the lack of natural barriers will fill AT&T's existing coverage gap with a single tower, and will likely also fill existing coverage gaps for other wireless providers. The Property is located in a rural area, that is surrounded by trees and rolling hills. As such,the proposed site will be screened by the existing-landscape, and be made compatible with the setting, color, lighting, and topography of the area. Additionally, the Facility will be built within the existing tree line, and will be surrounded on all sides by mature trees, further Iimiting the visual impact on the surrounding area. (See Ex. 5 at C1). AT&T's Proposed Tower will not hinder any further development on adjacent properties or impair the value of the surrounding land. Substantial evidence shows that cell towers do not affect property values. (See Richard A. Forsten,Wendie C. Stable, and Olfunke O. Fagbami, Cell Phone Towers Do Not Affect Property Values American Bar Association Probate& Property, at 10-15 Ma /June 2016 a copy of which is attached as Exhibit 6).1 A number of studies and court cases have demonstrated that"cell towers have no appreciable effect on property values. . ." Id, at 15. In the study, AT&T examined property sales two years before and two years after a tower was erected. The overwhelming data demonstrated that the existence of the tower had no effect on the value of property sales, even where the tower was visible. Id. at 13-14. Many studies have demonstrated that proximity to a cell tower makes no measureable difference in property values.' A study in Richmond, Virginia examined six towers and 140 properties, and concluded that "there was no consistent market evidence suggesting any negative impact upon improved residential properties exposed to such facilities . . ."3 A similar study of eleven separate cell phone tower sites in Virginia and Maryland compared properties where a tower was visible and properties where a tower was not Excerpt:pages 3-9& 16-64 removed for convenience. z How Does the Proximity to a Cell Tower Impact Home Valves?, Valbridge Property Advisors (Sept. 14, 2018), https://www.valbridge,com/news-article/647/how-does-the-proximity-to-a-cell-tower- impact-home-values. Thorne Consultants,Inc.,Monopole Impact Study on Residential Lots in the Vicinity of the Bullis School Potomac, Montgomery County, Maryland(May 2, 2001), at 3. (Examining I I I transactions and determining that the proximity to a cell site had no effect on sales prices of homes or residential lots). Appraisal-Associates, Inc., Impact of a Telecommunications Tower upon Values of Residential Properties(Aug. 2005) ("The data demonstrates that residences in close proximity to a towers (less than one quarter mile or 2,000 feet in the case of the vast majority of the sales studied) did not incur a measurable diminution in value after development of the tower."). 3 Allen G.Dorin Jr.,MAI, SAR&Joseph W. Smith III, The Impact of Communications Towers on Residential property Values, Right of Way, Mar./Apr. 1999, https://www.irwaonline.org/eweb/upload/0399b.pdf. 36297050.6 01/0612020 5 visible. The study found that homes appreciated at approximately the same rate,whether or not the tower was visible.4 The Facility will have no effect on the environment of Frederick County. Given the mature trees and rolling topography, its visual impact will be minimal. The tower will be unmanned, and will not generate any noise, light, or fumes. Because the Facility will be unmanned, there will be no need for any additional facilities or amenities to be included. There is an access roadway on the Property that will allow safe and adequate access to the Facility. The proposed access way will be 20 feet wide with an approved turn around for emergency vehicles. (See Ex. 5 Site Plan at Cl). AT&T's structural engineer has certified that the Facility will comply with all applicable local, state, and federal regulations. (See Engineering Certification Letter attached as Exhibit 7). V. COMPLIANCE WITH FREDERICK COUNTY ZONING CODE § 165-103.01. Consideration; approval or disapproval. A. Certain uses in each zoning district are listed as being allowed with a conditional use permit. Because of their particular nature, such uses must be separately considered to protect the health, safety and welfare of the residents of the County and to avoid adverse impacts on surrounding properties. • AT&T Response: The Facility will not impact the health, safety, or welfare of residents in Frederick County, Virginia. The Federal Communications Commission ("FCC") heavily regulates the strength of radio frequency ("RF") waves produced by telecommunications towers. The Facility will comply with all FCC regulations. See RF Eixzissions Com Bance Letter attached as Exhibit 8). The proposed tower will produce less than two percent of the levels allowed by the FCC. The Facility will pose no risk to the public and will not impact the health, safety, or welfare of residents of surrounding properties. B. The Board of Supervisors shall approve or disapprove, as a legislative function with recommendation from the Planning Commission, requests for conditional use permits. + AT&T Response: AT&T looks forward to public hearings with both the Planning Commission and Board of Supervisors to clarify any information in this application. § 165-204.19 Telecommunications facilities, commercial. No commercial telecommunications facility shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article 1 of this chapter. Commercial telecommunications facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The issuance of a conditional use permit for the siting, construction, and 4 Thorn Consultants,Inc.,Monopole,Lattice and Water Towers Studies,(20I0). 36297056,6 04/06/2020 6 operation of a commercial telecommunications facility is permitted within the zoning districts specified in this chapter, provided that, pursuant to § 15.2-2232A of the Code of Virginia (1350, as amended), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Alan or part thereof and that adjoiningproperties, surrounding residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application and that the Planning Commission and the Board of Supervisors may consider in acting on the application shall include, but not be limited to,the following: (1) Information regarding the need for the facility, including but not necessarily limited to usage statistics, operational data, and maps and reports showing current and anticipated radio frequency propagation. • AT&T Response: AT&T has submitted an RF Justification statement describing the area where there is presently deficient wireless service. See Ex, 1). Given recent changes in the Virginia Code (Va. Code § 15.2-2316.4), County Staff requested that AT&T not submit any radio frequency propagation maps. However, there is a dearth of telecommunications facilities near the property and a severe lack of wireless coverage,which AT&T is attempting to address. (2) A map depicting the search area used in siting the proposed commercial communications facility. • AT&T Response: AT&T has submitted its map depicting the search area used in siting the proposed Facility. See Ex.4 Ma of AT&T Search Area . (3) Identification of all service providers and commercial telecommunications facility infrastructure within a search area. The applicant shall provide confirmation that attempts to co-locate on existing structures or towers have been made and, if such attempts were unsuccessful,the reasons so. • AT&T Response: AT&T's search ring was approximately a mile radius. There is no existing telecommunications infrastructure within AT&T's search ring. The closest telecommunications tower is 1.2 miles from the Property, a 105' tower built by SBA Towers and currently owned and operated by Shentel Communications. The tower is already at capacity for wireless infrastructure. Even if there was available space, AT&T's RF engineers have determined that the tower is of insufficient height (likely RAD center at $0') to address AT&T's existing coverage gap. AT&T was unable to locate any other structures over 75 feet within the search area for co-location opportunities. (See Ex. 4, Map of AT&T Search Area). 36297050.6 04/06/2020 7 (4) Documentation issued by the Federal Communications Commission indicating that the proposed commercial telecommunications facility is in compliance with the Federal Communications Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. AT&T Response: A radio frequency engineer has certified AT&T's compliance with all Federal Communications Commission ANSI/EEE Standards. See Ex. 8 RF Emissions Com Bance Letter . (5) An affidavit signed by the landowner and by the owner of the facility stating that they are aware that either or both of them may be held responsible for the removal of the commercial telecommunications facility as stated in § 165-204.19B(7). • AT&T Response: AT&T and the landowner agree that they each may be held responsible for the removal of the commercial telecommunications facility. See Affidavit of Tow"Removal attached as Exhibit 9). B. If the Board of Supervisors grants a conditional use permit under this section, the following standards shall then apply to any property in which a commercial telecommunications facility is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value: (1) The Board of Supervisors may reduce the required setback distance for commercial telecommunications facilities as required by § 165- 201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board of Supervisors that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than 1/2 the distance of the tower height. Commercial telecommunications facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. AT&T Response: AT&T's Proposed Tower will have setback distances of 225' to the north, 450' to the east, 239' to the south, and 170' to the west. See Ex. 5 Site Plans at Cl), Therefore, AT&T is requesting one reduced setback of approximately 30 feet from 200 feet to 170 feet to the west. AT&T chose the location on the Property due to existing mature trees and forest on the Property. By reducing the setback to the west, AT&T was able to locate the Facility in the 3629705M 04105020 8 middle of these mature trees maximizing screening from surrounding properties and roads. If the tower was moved 30 feet to the east to meet the required setback, the screening by existing trees would be greatly reduced increasing the potential visual impact. AT&T's engineer confirmed that, in the unlikely event of a tower collapse, the tower will fall within a radius of 100 feet, well short of any existing property line. (See_Ex. 7, En ineeringrCertification Letter). Therefore, the reduction in setback will not create a hazard to any surrounding property or structure. (2) Monopole-type construction shall be required for new commercial telecommunications towers. The Board of Supervisors may allow lattice- type construction for new telecommunications towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. AT&T Response: The Proposed Tower will be a monopole-type construction. (See Ex. 5, Site Plans, at C2). (3) Advertising shall be prohibited on commercial telecommunications facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. AT&T Response: There will be no signs or advertising on the Facility other than permitted by this paragraph. (4) When lighting is required on commercial telecommunications facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission_ Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunications facility towers shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. AT&T Response: The Proposed Tower will not have any lighting unless required by the FAA or as provided as a condition of approval by the Board of Supervisors. Generally, the FAA does not require any lighting or illumination for towers under 200 feet in height. If lighting is required, that lighting will be in accordance with FAA regulations and this paragraph. (5) Commercial telecommunications facilities shall be constructed with materials of a galvanized finish or painted a non-contrasting blue or gray 36297050.6 44/06/2020 9 unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. AT&T Response: The Proposed Tower will be of a galvanized, gray finish. See Ex. 5, Site Plans at Cl & C2). (6) Commercial telecommunications facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. AT&T Response: All associated equipment at the Facility will be enclosed within a 50' x 50' compound area surrounded by a 6' tall chain link fence with anti-climbing devices. The Facility will be screened by a significant number of existing mature trees. AT&T will also add landscaping and native trees and shrubs around the Facility to aid in screening. The Proposed Tower will be of a galvanized, gray finish. Other buildings and accessory structures will not be visible from adjoining properties, roadways, or other rights-of-way. See Ex. 5 Site Plans at C1 & C2). (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety-day period, the County will remove the facility and a lien may be placed to recover expenses. • AT&T Response: AT&T and the Property owner acknowledge this provision and affirmatively state that if the Proposed Tower is not used for a continuous period of 12 months it will be removed along with all associated equipment and fencing. {See Ex. 9,Affidavit of Tower Removal). C. "Existing structure or tower," for purposes of this section, shall mean any man- made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the ground, which object is at least 50% of the height of the proposed commercial telecommunications facility. • AT&T Response: AT&T acknowledges this definition. 3 6297950.6 04106M20 10 VI. HISTORIC AND ENVIRONMENTAL IMPACT AT&T contracted with a third party environmental engineering consultant to analyze the Property, the Facility, and the surrounding areas and complete the required FCC environmental compliance report identifying the impact on environmental resources, prepared in accordance with the National Environmental Policy Act of 1969 ("NEPA"). A copy of the final NEPA report by ACER Associates, LLC, dated August 12, 2019, is attached as Exhibit 10. The NEPA report determined no relevant environmental or historical effects. Specifically, there was a finding of no historical properties in the area. (See Ex. 10, Attachment 7 at 76). Additionally, the location "does not contain an archaeological site" and the project "will have no effect on archaeological resources..." See Ex. 10 Attachment 7 at 83). Acer received a response from the State Historic Preservation Office (SHPO) concurring with its findings. {See Ex._10, Section E at 109). The NEPA report further indicates that there will be no effect on dedicated wilderness areas or designated wildlife preserves, and "the project `is not likely to impact any wilderness areas or wildlife preserves."' {See Ex. i0, Section G at 144). Acer further concluded the project is "`not likely to adversely affect any threatened or endangered species."' See Ex. 10 Section H at 146-47). VII.. REVIEW BY PERTINENT COUNTY AGENCIES Pursuant to Code § 165-102.02, and the conditional use requirements set forth by the Frederick County Office of Planning and Development, AT&T submitted its application materials to various agencies for review. The agency comment sheets are attached hereto as Exhibit 11. The Virginia Department of Transportation stated that the proposed Facility will "have little measureable impact on Route 733 (Fairview Road). . ." The VDOT stated that the "new entrance will need to meet VDOT standards for the proposed use." AT&T will comply with all VDOT standards. The Frederick County Fire Marshal disapproved of the plan due to inadequate fire lane access and the need for an approved turn around for fire department vehicles for a lane greater than 150' in length. AT&T amended its site plans for the proposed Facility to satisfy these requirements, See Ex. 5 Site Plan at Cl . Pursuant to the Frederick County Fire Prevention and Protection code § 90-413(2), the proposed access way was expanded from 10' wide to 20' wide. (See Ex. 5, Site Plan at Cl). Pursuant to the 2015 Statewide Fire Prevention Code,Appendix D, AT&T has added an approved turn-around for any fire department vehicles. (See Ex. 5, Site Plan at C 1).. The Frederick County Inspections Department stated that the Facility must comply with the Virginia Building Code and the tower must be designed in accordance with the provisions of the TLA-222. AT&T will comply with all applicable building codes and other requirements, including those cited by the Inspections Department. 36297050.6 04/0612020 11 The Winchester-Frederick County Health Department had no comments because the Facility is unmanned. Frederick Water said that the parcel is outside of the Severe Water Service Area, and had no comments. The City of Winchester declined to submit a comment sheet because the parcel is located outside of the Winchester city limits. The Winchester Regional Airport had no comments. The Historic Resource Advisory Board stated that "the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the application by the HRAB." VIII. CONCLUSION AT&T respectfully requests that Frederick County grant the requested Conditional Use Permit. If you need further information, please contact our zoning attorney Douglas Sampson at 410-332-8661 or douglas.sampson@saul.com. 36297050.6 04/06/2020 12 cin w t g U a R a r.. SITE ACQUISITION REQUEST FORM 15SUED DATE 5!3112018 MENS APPROVAL HATE HE BY Gaurav Behl TRIDENT APPROVAL DATEED BY Sandeep Gupta PEFORMANCE MANAGER Andres Gamez QUISTt0N COMPANY Smartlinic DESIGN MANAGERSandeep Gupta (COMMON ID) 4124 DESIGN ENGINEER Gaurav Sehl RING ID 4124 SEARCH RING NAME FROG EYE SIRBAUGH North-Fast LOCATION COMMON NAME CLUSTERE9yy PHASE 2 Washi ton DC/Ma land CITYGCIRE RKET COUNTY Frederick N CLUSTER SITE PRIORITY 1-High CASPR PROJECT# FREQUENCY BAND 85011900RDWAWS FIXED ASSET# 10138153 TECHNOLOGY LTE SELECT OSJEC RVE B-COV -. SZ ��96 S1RYf,L'dr LOCATION SHORT DESCRIPTION Route 50 and SR 733 LATITUDE(N)(DD-MM-S8.9) 39-17-4 TLADE DECIMAL(N) 39.284485 LONGITUDE(W)(DDD-MM-SS.S) 78-23-5 TUDE DECIMAL(1VJ -78.384773 GROUND ELEVATION AMSL(FEET) 1120 H RING RADIUS(miles) 0.7 REQUIRED HEIGHT-MAX AGL(FEET) 180 LL TOTAL HEIGHT-MAX AMSL 1320 REQUIRED HEIGHT-MIN AOL(FEET) 200 OVERALL TOTAL HEIGHT-MIN AMSL (FEET) 1300 To extend coverage in Freerick County along Route 50,SR 733,707,610 and 703 is there an available Grown or ATC Candidate within 1.5 time: the radius a!the center of the search tin T fl g yes,Include in Possible candidate f salble candidate 2 Possible candidate 3 Possible candidate 4_ Possible candidate 5 Please submit candidates within the red polygon shown above INFINIGY8 FROM ZERO TO INFINIGY the solutions are endless 6865 Deerpath Read,suite 152, Eskridge,MD 21075 10/1/19 RE: AT&T Site Name: Frng kye AT&T FA#: 10138153 Site Address: 141 Fairview Road Gore,VA 22637 To Whom It May Concern, This letter is written to address the proposed AT&T cell site installation located at 141 Fairview Road,Gore,VA 22637. The proposed cell site structure will be ordered by AT&T to be designed to adhere to TIA-222-G-2005 Structural Standards for antenna supporting structures and antennas. In addition,the structure will adhere to the International Building Code 2012 as amended and adopted by the Virginia Uniform Statewide Building code and all other local,state,and federal codes and requirements.Infinigy will confirm the order as requiring these codes to be met with final structure design and code adherence by tower manufacturer. The proposed tower structure which is proposed to measure 193'above ground level to top of steel and 199'above ground level to the lightning rod tip height. The tower will be designed with a critical design point located at the midpoint of the tower, 100'above grade level. This would be accomplished by ensuring an appropriate overdesign within the base 100'of the tower. This critical design paint effectively increases the structural integrity of the design, and shall a tower failure occur,the critical design point would eb the point at which the tower would fall,thus reducing the fall zone in half, or 100'. Should you have any questions on the above, please do not hesitate to reach out to me directly at(518) 690-0790. Respectfully Submitted, 6404##400 w t.'�` t✓a Joe Johnston,RE # Lia.No 59 Infinigy NO �'rer�z INFINIGY9 �y O4SIAf••rrrM r= w'�G e�i �� tpr:S 9 e�7 ase-�s rm�atie I iSt 311nsadorvL!uvda asea� aeaLeary 2phoN O w s3�c croo-xesPowl�3t IE b 3NJOOYJ(¢dA9 N $ 4 A�. 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M,3 TY A Pubftation of the teal ,T ma Fatah tow SaGwo imr a�nn FrmuxtEs 10 Cell Phone Towers Do Not Affect Property Values (Or the Case of Three Board Hearings and One Tempos Tower) .. • _ By bard A-Fontw,Wendie C.Stabler,and Oluhmke 0 Fap*z P-22 22 Estate Planning.for the Chronically Ill,Agin&and Otherwise VulneTable or isolated Client -- _ -; By M :qh!rikMM 35 By the Warr,,What About the Post-Closing Credit Enhancement? t )3i'x� aAii&l,.Klein and Kevin L Shq 41 Biparfism Budget Act Significantly Changes Social Security Retirement Benefit Options p.44 By StL-venA.Brarxl<Dftid G. Freitag,Ilan R , and Brum A.Tannahill 444 Reappraisal of Ground Ireaise Rentals By)ewmw D.Whalen 53 EVIandng Mate Funding with Hands-on Examples By Paige K Bm-Ykamvr ir, .._ ♦ •r:. 1,' ,.:.r S'. 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'PlIoul 71 1_i..% VkW-f$ t d I toi t.la re'r-tor Oi vvk III r.Dk!sil'1, P)oj[V41o!, L rt- m 'M ltwo'(q Priom(full 3 Letters to the Editor I how, L 4 Section News 8 Uniform Laws Update 16 Keeping Co-trent—Property ..... .. 30 Keeping Current—probate Ailt lo. 1. hro,- 51 Tedmotogy—Property 64 The Last Word A rakF-AL 1 TRUST& PROPERI'y Es"Tr LAW Editorial ftjicy-.priih-&4"PRY wrly&de,;' -d to,lss st -- tiring in the wrlkaN 4 FeW"witt!,wilk.trusK"ted e4gatm-by prcov;xhug artiric,and othlisnal torww7 writtm io.-1WaNr;m4 inkmnativr -A*71IL Otick%.01hereditDrial cnrxta e.and irotm4w]fr,t itw utx trr crate Praak,l inforn-abouthai%,40.id iaw, is V. rF2;in giving thearciii.-Aib The matedA&ftintatided herein represent the Cottimots of the authurs and edilarsapol shcouttl not be construed to be Lhfte of Tither the Americart a,"Association or the Section or Red property, 'bast and Wait law unim adopted puj,,umtt to the bylaws of jbe. Association.Nothing contained herein is to be considered We ren. dering of kcal tw elhical advice fur specific case-,aroj readers ire responsible fur obtaining such advice from their own legal momseL These materials and any forms and a=greements herein are intended for edualW"I and informational purposes only4 201b American Bar MvxaaIion AD rights,rmvti.L\o part cat this publication may be trepcod"",-Aored m a w4rieval systt-m,ut transmitted nL aftV1 lonli or by any uwan.*:,elocolpok4 mgchanimL pix}locupying,rxxw;Jirog,or colhi:''nviR"!.%v'kthxmt the prior written parnis, 'q tr skon of the ralb&hm Contact ADA Copyrjgtas&Contracls,At via tax at(317jxt94- oV30,for permburon Pnntmi in tho U.SjX- 1-- 1,13 t,,rt,ov I,o,4--,s',j ',i,tjl'ik tjtj.4,C hira';"j 11,nd", ; 2 1"ttim vii:& 1"Howtuy m MAYIJUq 2016 ..." 3 Pre [[ Pho, Affect A Val - (Or the Case of Three Board Hearings .� . and One Temporary Tower) k' �x ., heft * s .r k A a 4 01 p umle use has mpiujc� i. raeigst�ane�iaav n a alaly�mace tln<Pl a rind alla4ysm gavaihible on than;E°a lu ation R11 Ym-eagn,the Oxmr,,dial Towle tolver iH ndtvrsc�tv affect preap- question,aali,af wlaich wnearailY infi- md eNist,smayi-hones did neat emir`d'axhler q( p rdyfiarllyt tlwirs),so the COL!tho i CC41 jv%ers&nA Ve li4tle or eaan cxist The Mad slid rsot exist,Rjack- pending knver appliaatiaaar slnarasl�-3 lie effi-t aadr � the avOf$t iewere cattinedge.'llex z arbv pr =r re,0C i s,1709ima,t ngthj,ggpn"rKi razv,-k-V%ting rtaa 1-Witter,no IrnsfAgrdm,rata I'isnta_ar- A E-,RiFW�-e3e"guv to the contrary, -artidC e xa mimes Ow cas,-wf Ar'i`se east,F aceNkik was MAI wkscent,.and CA1 ta3we ,they pmrat out,tent-rna ach 411',qr r gran Ua V tis nl of�ralf st�fr�a nae baa. ,M' Vspace was still POPULar Today,pco_ like Other nnodern inhastnac€urt[tele +a1 1A d1iD1 MI1 2615 WL"fW"a' Or-reguhirk.act:,Lter•lrnita_'err rw r Pflcme peaks,Olity is"nes�,stret-tlighl$: (Pei. naPea fit.l4fror, $ 21115),9 e,rltieta their sm a4ln ar.:§;and tabk4s.lbey and so ons.AIth iugh cel imveis may AT&Twas able tas&,i nbaamAratc that tweet,they fit,oxy snfipctiat. ianitsartiv I­v noticed,thz"!�quk"kk-fade prolsnseci tou%,=r W,,).id leave nv,r.feet In just an a-01-ycar periled,from into the background and have no km valase Lxl amuse,daar'iang Ow pens'learcy 2007 to 2011,AT&T sa i as 1 OD .aFr2M-_iaHe effeA:t kora vale —iaa..'I as cif the Ic'rautfry nap-m,6,p -e-,s cm, inmaw in rmkile data trade cm it, t is plaam FXrles satilif+r lines,strc a� ming the origffially-aa r �e3 k,%v er, wirer rwtcvasrlc-•nc-t a 1 ')b incrc°ase, lights,and lire c v-,irafr rpt tcttare Nf'sta F had deck-d a tt mpor,zry-jow�t not a 1,Wl.ince roe,but a 109 AN, of Modern 4(e do not afftxt valrns. Which Was shines to have r€c)effect Eur itncrcase.Sw Randall SStt phivEo r, Although this may seem vaalue.Put aanxtl er wanyr,Unlike mt&tcell Chairtnaau'sLeiter,AT&T 2014 Annual a�raanterirrttaitivtteaarn,lrry, €ertiirzty tcstarcaf„pliz�tirsrasirawlaicha�pFar racy ll€€ ort [c a.3L, 7 )res :alt zrzsra # x�*'"P inn a new tOwer will e-lae- aay.;ue IKiI studio from(Aber areas Are lrsveslirrJa�l C r�rnnr l� ?1 t` ft tsr n*'TW.tlfiiagrc.le,it is"I-rune out by the coast indicabre of tier t._&-t the pr pry in vestors.hlrrel.Natitmal rnaabile.data Statistics panel astudim - tOwer will hate;ser their pmpertie_%, traffic is estiffoW in iancivaw mWher Rmmgf ire Sia County,Imo- A 1&7 was able to e_r>rre lmivel} +r3cerrr- AxhOU frouk 2015 to'?M,:at a mere- w,i m a unique set trf 0nsirato thsai the PFOlnxed tt>wer in th p€)nnnui annual growth Fin. east a>#42'8'�SEe male it p iWe to remittee the e€�c:t cat' P �location would have nava d"fact Cit,itNl tt+l ita Per axst f t t 111% a PV%Kxsed lowtx On the art)=Val- on rttnrbv 1xrW-�ec�rty+ti=aluc�_Piaallvi this 2Ct1ca 2(1?fl,navan:ci r�n asxetsPstrll cat cc of suraa�ainding1voper€k-,hrryfatrthe article c",Oudes with t�arr, otberies- funi/iatrc is#_3ra�irli tntfi croe ifc final aPfata'c M Was granted.deally frnrn dkk AT&T case, irndrx-html(last'visited Fvb.23,2016). afteran AlalM-Alae for a pn4xrsed tower NXIPlc have TMPM”tea this teach- WaS grarnt+ed,if►vas Chall cd.JVhik MM*Wit%Can neatrtgy.And they like it.A IoL the Challenge vacs pertding,,a tempo, TOWers 00 Not Aftect But one thing petipty clan not seern to MY tower teas envtod ire the location plaperly vall i e lila is cell towem--the infrastructure Pt osed for the Perna mnent Ever:The (;Ooerllly s,'eakiang,most studies of cruet nv m5ary to make the network t challenged aPM,yval was ret-erred and the issue conclude that proximity to a Bk±TiW pundits who prwdirted haat a new hearing ordered Bw arm the cell-cower hin no sign if"nt effect on technology wmid reduce the nearer- County h&-,a Pe4kye of a0 ng zona- property,values.11wemmple,a_iMl ber of towcra,the meed for additional ing Lvde t;ka atitxrs to rernain in pLwe stctedy by Thum a3mjultants, ,%�h" um ccs and network capacity is grcWcr white the property'rrwner mks a veari- cxannined 855 transactions involving than tn•er,as the network capacity to arra cnr unrlea`t k s tether remedial homes and 26 tm nsxctions involving trarrsarril data h is been far cut trippa+cl action(in this the new tearing vacant bats,concluded that'proximity by the ever-growing demands of process),the county,allowed the lean- to lfw cell sift,diel rent affect sale price; population abandoning its lanclli€res porary kwver to remain, of howl or residential lots within the in favor of the convenience of smart- Cher the arse of the next tsars Pcrl xmc steady area."SM 11rcarsne Con- phones and m Wle data wxcs& ) M while the challenges to the tcs>;w sultants,hw,Monopuk,b11P t SPte(y teat In mast lurtsdwtions propt=d new played out before the Sus9ex County Rewdo dyat Rml£stah�Pri-^flee H m cell towers must undergo s ami startaf ll,rnard trf Adjtw'taDmt azul the Ilaelaware x&4 Revcfrirliaat 1 rsfs in 1)r,ljn'irxifat r f public application process involving a courl:�,the tempomry hewer wmairrr d, the Bullis Sdawf,Poknamc;ablixna vvnv public hearing.Given the chance,those allc`';tving the tower applicant to ana- r'ry Gearing,,A&ryknd(May 2,2M),at in the area wall oppose any proposed lyze Prcrpertyr values Wore and after .1.The 2001 stady,in turn,referenced a new tower.While the Enteral Telectmn- the temporary tower was constructed 1998shidy in the Ridtmond,Virginia, munications Act of 199(4 47 USE- .and k)measure its effort erre inial prop- area that etamin ed six U vvers and 140 §�2{7f(&)OV),Prohibits iuri-Alklions edy valueq as omnpa red to the market propertich,and duct also concluded from denying,cell lower applireaitions as a%+01e.In fact,as frt♦rr uteric described "therm was no consistent market evi- on the basis of alleged ill-health el%edri, herein,and mresistent t+_ith the hrnadrr dm suggesting arab+negative irrtPact literature on the suit,the actual data upon unproved residential paypert4N ttiduwd A.faraen and Vtendie C Star for the site in question caunfirmed no expo to such facilities in the era ors are partners,and 33kthuaice Q.;Fagbatng is .effect on value. included in the study."See Allen G. an assodate�in the WffmiragwTi,Delaware. This articrle is divided intra three Cbrin jr,,MAI,5ltrrl&jcasVlr W.Smith office of Saul Ewing LLR parts.Rrst,it rr'vic' various studio-, Ill,Tfrtr bngku7 es,f"t;raartrrattnkfilk"n'fiances +. t;estara,rTa; f'acrar�a ant"a 14tari#rxa 2fl15 i q on&_qikk-mhd Pro1wrly paylu ,Right A 2W.5 s=ore=vy c kknr 1'arued by studied the offect its propa d tcaarver taf Way,Mar./ py E Wq,at 17,avail- rt zarrh*>rs in New Zealand fc a nd an %vol.]id iaeate on pr01--w-rti in dlae imme-- able at inkeymLLing Was.Although the shady [.Iiia: pzva,hug how tos study ap arra-ItiuM c aRieb/vplu4td A11SRta-pdF.A 2W4 study concluded that proximiiyr io a tuwer tmn ea tvas not ex-phined.]sorb,ibis of latsme&in Orange C'bunty;HOT did s ang to aaffeci value,.it LO jo found is tlae conundrum drum fac=ing teary appli- oda,fuaarad d minhual effect of 2%on i x:11 thaw in Ow."saantrul g;naaap,"who 4.atiomr whi=r s t a dies,oind a$ita b a,4,d aaalaras. l'k3saeacly Iuxneie tlsiarg CCL. it) did not live rater-tower,mr d a on o faer tmvers indicate rata significant Me7 owre°the ImprW1(f Distc:t W tfJ C=all grit deal mom dance m saver the e#fix~t eik"I im Value,cappranunis slain that Phour=aste=rs on apalezr laa'tirc-aa,POrtfn, of a lower on prnparty valvt�than thONO s QII studies invowin tither a a�and Appraisal I.,Fall 2W 2013 study who lived rater as tov"�•r„ Brady father WAvers should nowt apply ttr thor from Chatham t""ounly;North Cara- Bond&leo-Kotg Wing,The huloLl particular patperrtiek lima,concluded that"the pnrposed eY'Ct 1]shone?aattwr on f ltw--r Pricts hi lot 201.3,though,AT&T xvo uid find tower will not adversely affect prop- •�---idmfhd r`Va'EghlOrfs nt"Apprats,al)., it° if in the unique and un anticip<-aied erty valum;in the f enureal vicinity of Summer W)5,at nR,2#x2--AS.STPeciti- pcasilim of derruxistrating tlaal its Isar the tower,'and a study f-orta that same cdty,aaimost half oe the aintrol group law d tower would favv no&Lct asrt year in Holly Springs,North Carolivz, ex P ressed oxwerre about the efR - carr value based can actual market data fron, concluded that for aro existing teas r, value,while only 13%of ftse living the:ectual geographic area surr trading, "there does not appear to be any sig- near a tower expres&ed cx wern,and the actual przpised knver-T m,the nificant or consistent change in value mt3re than aifM, wem not worried abtstat challenW.of dispr aving a ringaative had from the properties]vacated[doser the eftC(A On Value.Id.line researchms wast beconve much easier to or farther from the Iower)...eras tfaexaeived ti tat this difh€mt ncc twt- sen cluding that they tower dross not affect thca�_-who did not live near a tova er AUT ay.Sussex Cir: the value of the prWerties as distance vemus those wbu chid may be becauw One CeM Tower''tree increases from[thel tower."Sw David those living,near a towner clod not Ararat Hea0mis,%*Ofeet on valde A.Smith,drrrpatar€}Irrerla�ci�erf az Prtadxxsed to express fears about property value nom.case Haat would Iu"axae AT&T Tehi o u»r miadinus Ttrat4 r on lira'Merl decline that would flown,in€ac,load i s Suskw tuvun y Br4rd6Jr.4dfiis1nteii1 tits of Prtrpac rhn4 in the Cx ter rf Viciraia ter to lawyer prryerty values.Id.An expla- began in the early 2M-, et t�,whet Now of tdre Tower Lecxatal cur Paaapadtmw Renal, natitm just as likt.4y;if not[rnore.to,is Lingular Win�lt�s PCS(which would +r'irratlrrarrr Ccacttaly North Gindirarr(SLI t. paliWd by marchers whcasestudies darter be acquimd by AT&T)first iden- 10,2013),at 1,available at un w:cha- find no general elfect on value—that is, tifivd lix,need for a new sell tower as thamnc.org/ that because cell towm an,percaa-ivo'd part of its network in the general v icin- RezoninpS'ubdiaisiont=ases/2013/ as part of today's r aodern infra- ity of Bethany peach,Sussex County, 9-16-iL BOC/Meacham�Cell_I-of/PH- structure,thq simply fame'into the Delaware After several years of hLs Comments/Impact'K.20Analysis backgmund and are not noticed.Phrase and start-,,Cingular finally found a %20SKGl17l5.pdf;Torn].Keith dr living near towers do not exprem corn- suitable site with a willing prralacriy Aa-ycrt_iate,,,Inc-,ImIuct of 641 Ter rr tern,or do not perceive the cell towers owner--the rear of a combination crit ianwiding Phiptrlir;[available at as having a nW1it1e e€1'ec-t an Property Arby's Rt-Aaurant/BP C',as Station http-//d39pcpjks4x5i.doudfront.ne1/ valuer,because the towers have simply parking tot.The property was Itamtaed media/re-re rrch/cell #ower study. faded into the background as part of on the east side of Route 1,the ma�tr pdf(last visited Feb.2,3,2D]6).Finally, the existing landscape. rat-firth/south artery serving thr TDalaa- a 2013;study from New Castle Ctaunty; Despite the general cacaatsa'arnsul ware beaches frnm Fenwick Island at Delaware harked at eight tower suites that cell towers do not advwwly the Maryland line to Rehoboth Beach and similarly concluded that"the mar- affect property value;,couads have to that aacartla A late night drive fl=aw for ket demonstrates no aswrtainable sometimes allowed Lwrds and admirs- tfw Arby's was located cm the ba&-siide diminution of value to surrounding istrative bodies to ignore studies from of the building(the same side as the neighborhooch,dare to the installation otht-r jurisdictions and lcxatim s,on thv pnyaw i tower)and a water retention or prince of a nearby communica- apparent theory that such study fail pond was located at the vewy rear of the tiaras tower."See Appraisal-Assn is tr-% to take local faactors into account.For Property.To the immediate south ref the Inc.,Intpxtci of m Telocop rmunic atiors example,in Ongular Peusx*dn nia,UC pwperty was a furniture store and to Tram rtdtoru Vidue!;of Re-,;kkidW Pmpr- a Swwa County 8mrrd t fA djusfnmil, the immediate north,a small undevel- t hey(Aug.2005),at 93."Me data No.05A-124KB-RFS,M9WL L i5' oped parcel."Iia the cast and a portion demonstrates that residences in c#case (DeL Super.C:t.Jan.19,2007)at*9,the of the southern boundary was a small proximity to a teswer(less than one Delaware%perior Court justi€ierd the (46-uniij condominium community quarter mile or 2,00 feet in the v aw of board's refusal to crinsider two out- called"Samoa Pines."To the south of the vast majorityraf the sales studied) of--state analyses because they"wem Sm I'ines wew a Holiday Inn Exp wss dist not incur a measurable diminu- not stabstantially similar to the#ru- and a sea"restaurant,and to the tion in value after development of the posed area in question."The court then east of 1kn Pine=s was them lamer, tower"Id.at 92. suggested that Cingular could have and considerably taller,Sea Cly r •-r: sir . t' •_ 12 lltoavrv.& 111t<at't'am 10 Mff/ia~a 2016 , �'eartclsastsixairu �,ewxarsistisa�;o$enaeltapaler �,,;_. ..,. .. r�.4: nine-story Na:l&ra .Sz l=igun,I one -wA=oultthink Under the s uswx CcDuntts parsing that tia�ts�13 1� Qxle,i �ceh kuwsar";s to beAer ed �'' thatpnic the wig l hin'107 fM of any s� a�taa,R6� r x not by a hivven YO e0 lot'as Wats the caK,heft- a spm eaey ear t?ac> sial tt� �ceptk�¢r i;ra�isair�w tranrr tlaca corrnnu- Pityimmediately &► ard of Adjustment.SFS--rx County i`'. surrounding the CLwh-§115-194,2(A)-In aaytliticasr to <<r Meeting certain tea'haaica B rearir�n�lerea towrAT&T's wither rt�;arr$irsg;height,s��tharfE,and,�n'feu- � kc°€�l scr raitrae ing,among other,the app$ivanq M.U� .t Oar agaptai ertrac also derrre-ins trater that IN-spial u-m- t• of primes 4n the 4 xseTatieara will resat"secbstantiaslly asfftirt e t'in�-a com- adversely the test of the aadjac-axtB and � rtru Pi and the neighboring pmcsperty:"Sus. .-s Ce.�anty la ss bead)corre- t;'csde§115-2tlf, w maeroity�r own Cingular submi tted its orifi-nal Cell _ yeun ty for e and tMver application its Scpta-�rn xy 20t1�.t. figur�1. yeav,b two Neighbors oMiwd tower,but the yarns through taftethe boarxl granted the request taa�a orator evvatluating tfae ,pptication; the f>ca,trrl imstallatitart caf for*tcyrtetacarary tower. Opponents of the prgvct there appvaale_^d flund only than the prd %sed tel V, His anallyssk;derrteyrtstsaiaci that as the to the Delaware Superior Craurt;while wnuld acfve_ rely atTft-t"neighbcar- lire real(stak-ratatrket moved talc and the appeal was pe_•rrdiir%,C'rngular,with ing prcaperfies,not"s;s bMantially affed domm,so did the!;&a Pine-R carr munity the permission of the county,installed advers ly"as reyuircxl by the Sussex in approaximi-hely the Sarre K>av flee a temporary cell tower,After the tem- County Code-See New Ciigv1,2r Krin, Rgure 2 tan page 4.it)tc>stifying;laefcarc ponsry tower wAs erectmi and while dem 116'' R 8dI,I fAofjra duwatl,65 A 3d the 5u&-ex County Deward of Adjust. the appeal was pending,it was disamv- 60 7,611-12 611-12(D(-1,2t13 The matter rrtextt,the appraiser mplatined- curd that the county had posted notice Own return d to du-,board for at third cat kite hearing On the i RmK p7rapt>0y he=aring,sorne frena years after the first In this high density minted use (the undevelope_A adocent parcel to the hearing,and the stage was now set area,theW,;a lot of influrrtces ni rth)-"Theta,the superior court held with a to*tntxar>try tower hawing brier+ surrounding this prgerct already that mien though posting of a property in place forover thrcr years,one c uld Sea people,Wwn thq-re making L� not rrquimd under county rules,and kaeak at the ntcwetrient of property Val- a purchase decision in.sera Pine- al]rather notices(fear example rw vspa- ties in the vionit}of the temporary and other aeras in this resort mar- per and mailings)had bcxm prci erlyr towerboth before and after the tower kfl,there are marry th.irtgs that given,if the county was going to post was co structed and compare thstcd impact Your derision,your vietr.; on a property it needed to post can the movements to the MOVment of prop- your accrss.And a cell tower correct property,and a new,hearing, a rty values in rise wider market,tor,put P(k a single Monopealr,really was ordered.See Scar Phis.WH C'taeaeka. another wary,cww could detamine aAgth is an expec.led thing in today's An'ar of Chtwers rt&l_o fA djusdamwi,No, rachitic°!certainty% hat effect,if any,a world.As we dmwed,orae side of 5.10A-01-M TUG,2010 WL,R15M912 taawurat the pfd kxation mutt this property is lined with pawer (Del.Super.Ct.Ckt,28,2010). have. lines that have been there forever co,Lingular(now a part of AMT) Pevle need power.They're an went back to the board for a new The 7'enWemy Tower Has Mot accepted part of the landscape. hearing:This time,rmwe opponents Effect to Pnveay Vahm Apparently,pule have been shored up and the board vottid 3--2 AMThad two appraisers look at the making purchase decisions in Sea to deny the request;in doing so,the market effects of the temporary hewer Pinvs for many years in the pres- board noted in its written deci on The first appraisfyr looked at-sales calf ence of those lines and the[rifler that"it was irnposs-lale:for the Ekxtxrl twee-bedroom ntmwatervie:w sx Mo- uses like gas pumps and Etre to disregard the large number of indi- minium units(that is,emits comparable co nventenre stare,and we imst viduals opposing the tcatal m"This time to the condor inium emits adjoining didn't;see an),evidence of this Cingu lar appealed,first to the supe- the cell toWersiO.He feaeertd a total One partisulVr structure[having) tion i-vurt;which affirmed the lard, of-36 sales,of which the teap two saw, a unique influence on property and then to the Delaware Supreme and six of the top 10 sales,were in the value. Court.'lhe"svpneme court reversed Sty Pines Condo minium community the board's derision because the immediately ad-*aining tate cell tower OPPMents Of the project testified at the beard appli::cl the wrong slantlard in site.if the tower were g eking to have an htmaritV befeare the board as well.They E n c r PROM" & 1'Rtmrt;r1■�uL2016 13 coffered.no appraisal nor olfwr dim t evi- Court which,by sttn8aater NaN tFaaat Rlax saapasrior e aoaart Craws si ens eM. dence of any efk t Oa'Mue-In CIO, the polver in re%€ur r,aaffirrga,eax ravr:di y additirsna9 L-Videnve as Part rcaf Sine O Meal :sasmr oa their iestiQB-reaxay,actually hf%I- a(6cis3eaxa of the Huff-d.SK!Del-Codq- prore��,,Del.C o6j_Ann.tit.9 131 dre), steied AT&T's cast,wvhewn twowea ranidernt_s Anra.iiL 4„ 1114(f),4418t641 f); 4 9(e� oaaly reason for the Ins ified that they had e=xpericnced no Dee Cade Ararat-tot.27,§32&rc).Signifi- to RD as ceras orldi4iaaanzi eviJ.en Ce priklems in fully rea ing Rheir u ni& cantly,u nlik-c Odd--3 l tel aw Fac Ata$#Bora^t wandd Ix=fa-AT N-caat n%i rranak fand during the wntai snrr after tlac lem- inp on iLs away n acre§resolve the porary tcrwwer was iamudiL d-iars put Atwase Satm P -wanttcn awe and f aTali,rather ctr7tlier ww-any,the temporary tamer �o,,., I - than remand a p Ming back- did not aaffssct the ability of omit own � I to the.bowd frcac araestlAP hear- ers to rerit their units.A'lonmver,no it g and,paateixflsa3fy;aaraeatlaer omit owno-;ear mplaineV of having tura ��,�., l \V\ Ia@.l Jnr�aa oaa�naeas slaeaaalii tarot lower Mnta?sa�s to nr 4ercai9ts sat of be 1 Boal ww:i*Y-ears of lRigi?icnra other adv m,svonomir,efkd_Chian(ii ! axvs.Ir wfaL-t s-thev can build an A'1`&'rs apprrtiwers also did a study af additia)xaaal two fit into a s tl.wk terra?rates and h)und that-%a Pik to's But,&l i to thy*lwk of 6te rental rate were esansisto-nit with dw prAver tra mna-d,wheaa revers- local rriaarlwt and that the was no d.4"` a lnkird&dgkld I denyiaal; estfe.•t on re=ntal rates awida d with � a permit or Variart •tearer thee tens para tmver' tion riw have Aldiways�anial In sums doer,the raw of the taws;. ' that TrVerhaj Jon-,TWA('Bona.>tihatr aw.d E'caarraty tcaaafae)r ry tower corafirnxes a g e-antof the permit or vari- wvFeat studies have shown fear w°eam— ano--Ta#letx,the court s Jriia M that real towers have be corns,part oaf � 11W applis ml to go hock to the the suburban lands mpe and have no board and re-apply fear the per aipprociable effect can value.Like tele- � stilt ear 9 arian with a new Barre kk-s' waerlinens Stn tligl#wis t, e„�, .�„ :a� f� power >- P � _.-_--- .. _-. - _ bearing and an s'aot$a4y new 1' ” arad the rather infrastructure of modemFegua�2_ cess In offte r w orcin reviewing lifi,Ml k ww=cars fade into th back- courts have d4ww Ow faaaae.*nnal gmund and drawer no Bac nmattetati-wi regarding awls from offset boar& equivalant of a croon r ewe though Hasan caterer infraa tructuie, and administrative bodir-4 thmee its nca they courts do not tvll waltat they're doing power to'"remand"a decision baae k to a"renoand." some Obiter Lessum firem the board of acijustrnent.Wor eacamples 'fha superior Court's 201-5 deans-M, is the AT&TCaw of statutei in which Ansi is ^c f"e- nnifimni,IhM la raw the court dirt AT&l's eacpearienta:in this case provides rally listed as a aunedy,see„a g.,lel- ovi mverse the board antd theft n' quire two further Fins,a land use Code Aunm tit.2,§661*1-DO.Codec Ail -T t€a gra talc to the board and re- applicant needs;to Jx absolutely ceerr- Ann.tit.7 S 6214(b);i]el-Code Atui.til. apply(for what would rld havebeen the twin that all proceduresair Wowed 9.§M2(cY,DO.Cbde Ann..°tit_14, fourth tine foar,a sptx-�Rl use txwp- prrrperly;and,for better or w vnsv this §1414;Ill,Ccariea Aran-tit-lk§329(h); tienaa for the cell tcm r,farther,tine cctur't means confirming that the local gov- and Dell.C code Asan.tit:14,§ )L) spmil'ae~ally McowtLwd that itdki n+wt ernmental body has given the pstyper And this lark of remand is meant hU!fy have tht-power to rernaned and there- notices and made the lazoprr mailings not an aceiclesnt. fare moddied the board's decision by and postings-But for the county's irkul- most t naoaaeFs before a boaarat taaf tardw*tare specul exceptitm granted, verten€error in posting notice of the a4isbnwt invohme honuxywnefs so&- 1.1liedficAy,floe court eapli iinecE hearing on the wrong property in 2W9, in€;tramcar dimensional vanar AMT could have avoided four years for things such as sc ieenexl perm At this tea;,A,ppetbaat(AMI of additional litigation.One need carat or additiorts to their homes.judicial las bow ase the Boatel and be heaay-handed in confirming that rcvieww•r cif course,can be a mono«-co+aa- Oce Court t Vex--time regard- things axe donne properly,bort ennCama- s-uratingl and expensive procer,Rather sing this project,The first time,the tion should be obtained_ than r>exrrands and multiple hearki&g , Borer's approval was ievwbed More importantly,the EX-Uw ary ft-Ddawwrare General Assembly gave on pm cedduml gr€atand&The sw- Superior Court's 2015 opinion,fol- the superior Lourt the ability tri decide and tune,the Bland appfiad the luring the third hearing by i;fne board, the gnat (reverse,affirm,or rnradq) wwmg standard and denied the marks something of a water—shed for as part sof its decision an appeal,radar ar apphcafirx resulting in the ded- Delaurare courts in the way tfrey deo I than winand(back to thebo and for firrr 4m ultimately beim reversed by with decisions by boards o€adjust= ther pnxeyedings IrKked,although aw Court.Bwauisv-the meat_Under Delaware law,appeals mostappeals are can the recra ,the 5Utule provides no audiorityr to hum flit board go to the J7elaawvare Genraral Assembly further pxxnnded rermod,Appellant has had to tilt 14 PkinikTh& Jronnrnarn�w LWJ;m 2016 F . i a re-w applivatidpua eA6 tame-MOP 49 C emliaEnl, ttaa's4a�aea4e wta&cam t4a�t so �Ia,SUPFK1Fh.A E�' aasa}+nri�a:6��aa9� :3aad, idwotrfs tv i$ea9tae rad°N� rathz�a than oda arta a°"Qa4tia svaP rre ven ,or raacn�- altl high it raaay-�,c erw cep araE�¢isuY�ai rasda hf)-dKisifms of the B^,ono of iN 11 albhough One would Yhjv.k that tarda,thL.rresults,a alt"a'ma2e lv make wn". Adjustment lid a is ajd'rc, to 8aate graMing a a vpv icq- !s a1v apprai A=r in the:-T&Tc;a ala art,; aa�eis dle with time is&?V-L-A ePn2aatuanh.aR<raa �a 1,,, c>li rued;., ,A! r :al , single the Power to rr aae,Hi v when app raw- dno»a"ra udif cataanrs,-niAe<Ja-1''fca- nx)nk ak-;n�A lariaatvThis as 1!,adch an i mtaanva , _ tires' w cucald.sevea>ka tan he -j�avedl star to ioday`s a>owlo----r*wk-have been ,11w Statute in the inesialt CA+e 0..rnlyr -„Avalmns in arafhiaf h,�a�s��� 8-,r kialE Paax�l gz He a i�asaras#*�scar sri:arky �rliasva s tlsc>(-()Ra; a lga rnas rc=v a f aro l deaafparasu�d a a dity pray Ona araari- ps>aat5 in the x rilso nc-of thmit,iiadt s and or rvtndif 1.In l~.P Anoe 4 tht aricr a.)d tfic ctmrt nvuA-Vied thv 'ffi�OtfiU WeS like};raS p•jMps an.j the apptican to rd=a-aa.;ana 1,the Cmirt i'irW.22 cyvaditsca or Ik_-,SL-,SLor fhc� Con ve nic ce wtsare,Qaaad s+rve just didsn% act 2`s zrAumanai&,v ilea d i ceesaanananf rOmPtwle nt 4.4 aw gnrated s-fe Gray earidcInca:of this(vw party a;alatr ded,�iu,au be raxpditied to grant the valiax"ace but sdtlaenvisr left the grant in structure jhavingl a uniTw influe.1” pc rraiit u.sp ciaPy rcrras1w4ling.-,, dal tcc.Rpgardlc ;Bhaaaagla,tlra:'�,T&T oil Falpwtyr waEaau,- Por the¢Gwgckin ra sdJns,the cla: - Marl's�7ecasi(an is ge T4s fa3a Esraals 3 iac.°l &tea caam i��€sal#q i t#�r 5i¢xra dp9€h `gas t n &:apaaanty i x :d efly ow MeM and 01larr applicants W.1, a esCnK arnJ uniquely hcAplu� J;euus: of Adjusim jai is Mt.31:11^'ED and MwJ611a,denials frz M- a ba jLtrd—alias at at(lkawed the ce-U taxve>axr 3ppijc part tea 7 AEppficae#itiars fns M,Uri has explicitly ra'rt ranaa,Li that it. c� tornstrate that tfacw cial u,,*,ewepV aal ki rcanstrur.#"a W k5 khP power of wmand and ack d effect on value f<)r the Wiry lektdtic)re Verrnanra t 1( -4d'Ad t k4IM RIMUrni- a�xr�r¢iaaaRl 'Perfwps fvlurt,applicanis at issue.Pra}perty valuLs in the vacin- cations tower on yMej 11rc4savty is will wta iw spageci thea v(je€f i°acna= iter Of the tardy POTaryJeaWer!rtnaaved in GRAP E'R bl&iudiciwal review,nav htwm&more tl e,-arne way as Pn ty 4aPYu�s ire jeadicial review,.arid soon. the larger market.Not cpdal;� this co n- ri7 F� ttt5 fR#1 � aCx l -y s.Mata Y, clusian cisd-c-Sistc rnt writh the ge;aer l the court grantce X MT the pedal use C*mlrsinn literature and steadies in this area,but exception it nee>d"i to cmtt trdurt sa FC r-• Studies ha c tangstwaki ee that wil AI&1'vvas aactually able tan dvrntwvAmte mane nt tower_When opponents dial taat+rears have no,appw6.Wv erect on ft-0 its prvased towcT in its Pavosed not appeal tete wpeaior•catal Kfecision, PrOPVFt3"valtW-%but t MIPAMtSt tef tc,v, k)catinrt wouid na7t affect pyoperfy,- A'l&rs od3wvy was finally cevtr*r erg,and samR bmirds that cmwia r civ-in the ixn>! ediaw area.,l The court stated Haat it was modify- these apErli #icy ts,refuse to be leve ing the boards clt'crsictat,not rever sin{ thd_>se s-ttadk— MFvertfiekCs,.t rtsults JL,lr Qjope�/ get�, yOU o f 1'n S h line. {y Ay LA11fRWfEStBllrMSiM11INS WMNVUaU.rSrtlusoAvEIIIENMAg= fgrEsSata#al�r�i�uin� i�tekdy4ha'i]I�Y,:•4•'.!s,+,Fu•;9',ra.r.r 7t�sS La:za: 96svpw is wasw wasdes a %ewNw4 tlM most.ttdt!a ss iii iR$0 CM, i ad the wises W irtvtrSt aw it.SIF omud thensagms Wend at is tad°famo Jim,Af Of6deFast.r r.:.�.br�; -' a4.Nl�tt �Crt -;•kap;ie r.�r!,•• R f; veWWAAwrnx utt ON l'tdcddnsee & 11eareeM-un.1 R Mwfja,"t31ti t f3 Submittal Deadline 4 P;C Meeting �`���Z o 130S Meeting APPLICATION FOR CONDITIONAL USE PERIMI f FREDERICK COUNTY,VIRGIN-IA I_ AMlicant(check one): Property Owner oter NAME. New Cingular Wireless£C5.11C(AT& -) ADDRESS: 715D standard Drive,+-ianover f0d TELEPHONE: 4105703714 2. Please list all owners,occupants,or pasties in interest of the property. +Mott Emma.J Etats E 3. The property is luted at:(please give exact directions and include the route number of your road or street) 141 FairRd,Gore VI ginja 22637 l 4_ The property has a road frontage of feet and a depth of feet.and consists of 14.37 acres.Tease be exact) 5. The property is owned by Nott Emma J.Etats as evide=d by deed from LAWRENCE l-9r4€ N (previews owner) recorded in deed book no. 33n on page 4-51 �,as recorded in the records of the Clerk of the Circuit courts Countyof Frederick. 6. Property Identification Number(P-LN.)zs A 29 ,VL*steri-District Current 7"iing RA 7. Adjoining Property: USE ZONING North Residential RA Fast Residential RA South Residential RA West Residential RA 8. The type of use proposed is (consult with the Planning Dept.before completing): Conditional Use 9. It is proposed that the following buildings will be constructed: AT&T is proposing to build a 199'mono pole cell phone tower with 250 square toot compound on the ground to hold equipment. There will also be a 12'access gate and a'I o'wide gravel access road 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of(across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified b mail of this application: Name and Property Identification Number Address Name Sherri Mills 00119 Fairview Rd Gore VA Property#8030011 NameBryan S Hahn 08836 northwestern pike Gore VA Property#8035771 cg&— 4 -SO C3 Mailing Address Name Karen S Hahn 8962 Northwestern Pike Gore VA Property#8004867 Mailing Address ` NameKaren S Hahn - 8962 Northwestern Pike Gore VA [iNqameDeEborah roperty 4868 Mailing Address Paslcel 08938 Northwestern Pike Gore VA ropetiy#8004869 FvP'a,m_neBruce ren S Hahn 8962 Northwestern Pike Gore VA $004870 Mailing Address W Ledford 39350 Edmonds LN Clements MD Property#8004$49 Mailing Address 6 Name and Property Identification Number Address Name William A Hefner 261 Fairview Rd Gore VA Property 48004836 Mailing Address Name Charles R Wenger - PO box 4 Gore VA Property#8004850 Mailing Address Name Brian Mcgovern Z — / 214 Fairview Rd Gore VA Property#8044283 Name Timothy R Rose s -A -/1P1-/ 236 Fairview Rd Gore VA Property#8044282 FamcSandra Filppu PO box 39 Gore VA Property#$044281 Mailing address NmeRene, Aneta Swisher 8986 Northwestern Pike Gore VA Property#$004879 NameG&R Rental Properties LLC 585 Old Tractor Ln Capon Bridge WV Property#8004875 Mailing Address [Name Gary Carpenter 585 Old Tractor Ln Capon Bridge WV Property#8004848 Mailing address NameGary Carpenter 585 Old Tractor Ln Capon Bridge WV Property#8004837 Mailing address NameCharles Wenger PO Box Property#8004854 Mailing Address Name Property# Name Property# Name Property# Name Property# 7 1 _ Please use this page for your sketch of the property S Dov proposed and or existing spa ares on the property, including measuremems to all property lines_ 8 12. Additional comments,ifaj�y_ I(eve),the undersigned,do hereby respectfully make application and petition the governing body of Frederick County.Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7)stays prior to the first public hearing and maintained so as to be visible until after the Board of Supenrisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,%ard of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Josephj Prieto V�61iXrnyirPripb o #�deaef.tle+trrcNy,a�—mr�iii;wr�'ucrn.ar�`wx-,nuatlxsnrsr.;8:. Signature of Applicant L Douglas A_ Sampson, Esquire my �>sY s A-�m EsquireSignature of Owner :2020.033114A5--:3-o4W Owners'Mailing Address, DumOrs Authorized Agent,500 E. Pratt meet,Sa#timore,MD 21202 Owners'Telephone No, 410-332-8661 TO BE COMPLETED BY THE ZCr ADII MISM TOR USE CODE: RENEWAL DATE- S AFFIDAVIT OF LANDOWNER AND COMMERCIAL TELECOMMUNICATION FACILITY OPERATOR Mott Emma J. Etals, owner of 141 Fairview Road, Gore, Virginia 22637 and New Cingular Wireless PCS,LLC d/b/a AT&T Mobility submit this affidavit pursuant to Frederick County Code § 165-201.19B(7): 1. Hott Emma J. Etals and New Cingular Wireless PCS, LLC d/b/a AT&T Mobility are aware that either or both may be held responsible for the removal of the proposed commercial telecommunication facility located at 141 Fairview Road, Gore, Virginia.22637. HOTT EMMA J. ETALS AND NEW LINGULAR WIRELESS PCS, LLC D/B/A AT&T MOBILITY SOLEMNLY AFFIRM under penalties of perjury and upon personal knowledge that the content of the foregoing paper is true. Date Hott Emma J. Etals Date New Cingular Wireless PCS,LLC d/b/a AT&T Mobility 36317409.1 12132!19 Special Limited Power of Attorney County of Frederick, Virginia j Frederick Planning Website; rvww.fcva,iis i Department of Planning&Development,County of Frederick,Virginia j 107 North gent Street,Winchester,Virginia 22601 I Phone (540)665-565.1 Facsimllc (540)665-6395 i Know All Ken 1,1y These Presents That: VC Naim of Property Owner/Applicant Please e9tC: lithe property owoorJapp€semi is mr entiry,ilia name orlhe entity Flioufcl appear above. lt'mullipte persou� %va the propmy ur aro npplicuits an exccIdywer ot`auorney(tum aaah a nar wlil be7? 1 nc act. r\ 4« r ) 7 ' tet. • C Mulling Address of Pmperly Ownnr/Appticnnt Tclophone Number as owner of,or applicant with respect to,tine tract(s)or parcels)of land In Frederick County, Virginia,identified by following property Identification numbers: do hereby make,constitute,and Appoint; Narna of Attnmey-In-Fac! Wiling Address of Attorney-In-Fact M Telephone Number to act as my true and lawful attorney-in-fact for and In my name,place,and stead,with the same fall power and autlsority 1 would have If acting personally,to file and stet on my behalf with respect to appl]PAtion with Frederick;County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim,os'final) Variance or.Zoning Appeal and,further,my attorney-in-fact shall have tile authority to offer proffered conditions anti to make Amendments to previously approved proffered conditions except as follows; This appointment shall expire one year frons the day that it Is signer!,or at such sooner time as 1 otherwise rescind or�modify IC 3igriaEure �.7y-• G� � �f�'�•F'L�.� . __._ Title(if signing on befall'of an entity) P State of1' 9t ,CauntylCity of ( '1 ,To wit; I, lel r` e�}I.al i ,-V _,a Notary Public in and for the jurisdiolion aforesaid,certify that the person who signed0foregoing instrument per onally itppeareq before me and s acknowledged the sain before inn,in 'urisdiatiou aforesaid this day of IX• , ,241 o ry Public R istration Ub�l1 Notary Public-Staa2021 j Harford C My Commission Expir I i Page 2 CUP 902-20 New Cingular Wireless PCS, LLC (AT&T) June 29, 2020 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending LOCATION: This property is located at 141 Fairview Road, Gore,Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 26-A-29 PROPERTY ZONING& PRESENT USE: Zoned: RA(Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: RA(Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA(Rural Areas) Use: Residential West: RA(Rural Areas) Use: Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 199-foot Monopole-Type Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 733, (Fairview Road), the VDOT facility providing access to the property. A location has been identified for a low-volume commercial entrance on Route 733. The new entrance will need to meet VDOT standards for the proposed use. Should the use ever expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. Frederick County Inspections: The Tower foundation and related building and/or structures shall comply with the Virginia Building Code. Tower shall be designed in accordance with the provisions of the TIA-222 and shall be of noncombustible material. Towers shall be located such that guy wires and other accessories shall not cross or encroach upon any street or other public spaces, or over above-ground electric utility Page 3 CUP#02-20 New Cingular Wireless PCS, LLC (AT&T) .Tune 29, 2020 lines without written consent, Access to the tower sites shall be limited as required by applicable OSHA,FCC, and EPA. Section 102.3 Virginia Uniform Statewide Building Code (USBC) addresses the exempts equipment, related wiring, and structures supporting the related wiring installed by a provider of publicly regulated utility service or a franchised cable television operator and electrical equipment and related wiring used for radio, broadcast or cable television, telecommunications or information service transmission. The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-way or private property for which the service provider has rights of occupancy and entry; however, the structures, including their service equipment, housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. The replacement of or retro fitting of existing fiber distribution boxes falls under this exception as well. Please note that the exemption of permitting does not apply to building structures erected or remodeled on these sites. The tower, foundation and any other related buildings/structures require permits. Winchester-Frederick County Health Department: The office has no objections provided the facility will be"unmanned"as mentioned in the statement of Compliance and Justification. Frederick County Fire Marshall: Plans disapproved by Frederick County Fire Marshal, Adam Hounshell. The Fire Marshal comments will be addressed by the Applicant at time of site plan approval. Winchester Regional Airport: No comment. Frederick Water: Parcel is outside of the Sewer Water Service Area (SWSA). Frederick Water has no comments. Planning and Zoning: The 2035 Comprehensive Plan of Frederick Cog= provides guidance when considering any land use action. This proposed 199-foot monopole-type commercial telecommunication facility is located on a 14+/- acre property that is zoned RA (Rural Areas) Zoning District. The Comprehensive Plan identifies this area of the County to remain rural and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District. The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic value. Page 4 CUP 902-20 New Cingular Wireless PCS, LLC (AT&T) June 29, 2020 Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The Applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible collocation opportunity structures exist in this area. Should this facility be approved this commercial teleconununication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 06/03/20 MEETING: Mark Cheran, Zoning Administrator (Staff) reported this is a request to construct a 199-foot monopole commercial telecommunication facility with accessory structures located at 141 Fairview Road in Gore VA and consists of 14 acres that are zoned RA (Rural Areas); the site is in the Gainesboro Magisterial District. Staff noted that the Comprehensive Plan identifies this area of the County to remain rural and is not part of any current land use study. Staff provided an overview of the conditions that are proposed with the permit. Chairman Kenney inquired what is considered a personal wireless service provider. Staff explained that it is considered resources such as Cingular, AT&T, and T-Mobile. Mr. Doug Sampson, legal counsel for AT&T came forward and provided an overview of the need of this service in Frederick County. He noted, the need has never been higher; with people working from home and students being taught at home. He highlighted that this is a First Net sight; what that means is First Net is a congressionally authorized public safety network, which provide emergency broadband to emergency provider and emergency personnel. Mr. Sampson stated the application materials are accurate and comprehensive and fairly show what the project is. He noted, they show compliance with the Comprehensive Plan and the Code of Frederick County. Commissioner Triplett asked if this would give good coverage to other Back Creek valley area. Mr. Sampson explained, it will be in and around the Gore, Virginia area and the Virginia, West Virginia border, specifically along Route 50 and Route 259 as part of the coverage area. He stated the request for the 199-ft. tower is to maximize the coverage area. Commissioner Morrison inquired if this is a self-collapsing monopole. Mr. Sampson replied, these towers are designed to have a fall radius, and designed to telescope within themselves. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Triplett and seconded by Commissioner Dawson the Commission recommended approval of the permit with the conditions presented by staff. Page 5 CUP#02-20 New Cingular Wireless PCS, LLC (AT&T) June 29, 2020 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07108/20 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit to construct a commercial telecommunication facility consisting of a 199-foot monopole telecommunication facility and accessory structures. The Planning Commission held a public hearing for this application at their June Yd meeting and recommended approval. Should the Board of Supervisors find this application to be appropriate, the Planning Commission recommended that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12)months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors NEPA SURVEY ROCON WIRELESS ANTENNA SITE VA-WVA MARKET "'FROG EYE" FA# 10138153 141 Fairview Road Gore, Frederick County, VA 22637 August 12, 2019 Prepared for: Prepared by: ROCON Ix LLC. *ACEID . -- ASSOCIATES,LLC 9101 Chesapeake Avenue 1012 Industrial Drive Sparrows Point, MD 21219 West Berlin, New Jersey 08091 Client/ACER Project##.ROCON LLC 1201909,17 WACERASSOCIATES,LLC TABLE OF CONTENTS A. NEPA Package Checklist/Guideline 1B. Owned NFF'!PP�, Checklist C. NEPA Environmental Effects Checkfist Source Wormztion Form a. [SCC Form 620 R�. E-l 06 SHPO Concurrence E-mail F. Final Trrihal Consultation Summary G. Wilderness Ares and Wildlife Preserves H. Threatened & Endangered Species to Floodplain Map �. Wetland Map K. National Scenic Trails, National Historic Trails, Haticna� Scenic Byways, and National Wild and Scenic Rivers Summary Document Security Disclaimer At the request of the client, this Portable Document Format (PDF) file was delivered without edit or alteration protection security. No warranty expressed or implied, 's made in ensuring this document was not altered or otherwise edited from its original,delivered state. 1092 Industrial drive,West Berlin, New Jersey 08091 Tel.(856)809-1202 Fax.(856)805-1203 Section A NEPA Package Checklist/Guideline 1012 Industrial Drive,West Berlin,New Jersey 08091 TO.(856)809-1202 Fax.(855)809-1203 NEPA Package Checklist/Guideline Site: Frog Eye .� Approximate Structure Height: 201' Site antenna(s)are to be: Top mounted Side Mounted X *Categorize all coraaptiance/audit sites according to their pre-build status. A. If your site has been previously reviewed and is in compliance,no NEPA approval memo is needeu for the following changes: 1. ERP reduction,antenna change outs that do not increase the gain,orientation change,lighting change, removal of non-operating antennas,address changes. B. Only RF review is required on the NEPA Checklist when: 2. Minor modification which will affect the RF(Adding a BTS,larger gain/size antenna) 3. Major or minor modifications to an Antenna Farm(previously determined by EPA Group) 4. Temporary/Special events sites(COWS)(temporary crane testing does not require RF review) C. Only age verification of the building is required and RF review when: 5. All facilities are completely located within a building including antennas. Historic viewshed issues cannot apply for antennas wholly contained in a building. D. For LEASED structures the requirements specified on the Limited/Short Foran,in either box 2A,B,C;or 3A,B,C or 4A,B,C,is the criteria established to determine when only Historical and RF verification is required: 6. No additional Historical NEPA review will be required for minor modifications covered under the specifics of the FCC's Programmatic Agreement(PA)(See the Programmatic Agreement) 7. The minor modifications include: structure height increases that are less than 10%;or addition of platforms that would not protrude beyond 20'; and additional excavation outside the current tower site is not involved.(See NEPA Short Form) 8. Additional Historic NEPA review will be required for major modifications or substantial changes to structures not covered by the PA. (i.e.tower height increase of 10%or more). 9. Major or minor modifications to a structure considered to be part of an existing Antenna Farm(previously determined by FCC Group) 10. Additional Historic NEPA review will be required for any existing man-made structure such as buildings, water tanks, billboards, flag pole, etc. (man-made=any structure not originally designed to carry telecommunications antennas)when:the building is over 45 years or older;is a historic location or within a historic district,or is eligible for listing.(See Programmatic Agreement) Other available resources that can be used to show no impact to historical. Database search/Photos/Site plot on a map Site Visit/qualified consultant Previous SHPO"No Effect"or"No Adverse Effect"finding Current SHPO"No Effect"or"No Adverse Effect"finding(required for all major modifications) Age of the building E. For Owned structures:the Owned NEPA Review Form should be used for: 11. A minor modification,including structure height increases that are less than 10%;or addition of platforms that would not protrude beyond 20';and additional excavation not involved outside the current tower site, and modifications for a site previously in compliance. 12. Full NEPA Documentation is required for new tower construction 13. Full NEPA Documentation is required to modify an existing owned site without a previous full NEPA review on file(Audit) Current research to document"No Effect" FEMA Wetlands Critical Habitat Wilderness USF&W(federal) State DNR Historical/Native American Eligibility(local check) Native American Religious Sites(new builds only) DOES THIS SITE NEED AN EA? NO Revised 6112/03 *- ACERASSOCIATES,LLC Section B Owned NEPA Checklist 1012 Industrial Drive,West Berlin,New Jersey 08091 Tel.(856)809-1202 Fax.(856)809-1203 IWACERASSOCIATES,LT-C OWNED NEPA REVIEW PROJECT INFORMATION: Site Name: Frog Eve Type of Structure: Monopole FCC Market: VA-WVA Site Address: 141 Fairview Road, Gore, Frederick County,VA 22637 TYPE OF ACTION: ® New Tower Construction Temporary Facility(COW etc,) El Audit/Compliance E] Modification PROJECT DESCRIPTION: R CON LLC proposes to construct a telecommunications facilU at 141 Fairview Road in Gore Frederick County Virginia. The scope of work for this project has been summarized below: • Construct a 195 foot monopole within a 50 foot 6 50 foot fenced tower compound: • Install six ( ) antennas (22 per sector) at centerline heights of 190 feet and tip heights of approximately 194 feet: • Install nine (9) remote radio heads (RRN)(3 per sector) on proposed antenna frame per the enclosed construction documents; • Install six foot lighting protection to the top of monopole with an overall tower height of 201 feet: • Install a 6.7 foot by 6.7 foot walk-in cabinet on a proposed pre-fab platform and diesel generator on a proposed 10 foot by I$foot concrete pad,a cable bridge, a handhole,and a utility backboard within the tower compound; • om ound- • Install a pad mounted transformer adjacent to the proposed equipment compoundl • Route approximately 380 linear feet of underground telco and power conduits from the tower compound to an existing utility pole located along the north side of the proposed access drive.extending off Fairview Road:and • Construct a 10 foot wide gravel access road off of Fairview Road. FCC NEPA Checklist 47 CFR 1.1307 U ): 1. Will the facility be located in an officially designated wilderness area? [47 CFR 1.1307(a)(1)] ❑ Yes M No 2. WIII the facility be located in an officially designated wildlife preserve? [47 CFR 1.1307(a)(2)] ❑ Yes E No 3. Will the facility: (i) affect listed threatened or endangered species or designated critical habitats, or(ii) likely jeopardize the continued existence of any proposed endangered or threatened species;or is it likely to result 1012 Industrial Drive,West Berlin,New Jersey 08091 "fel.(856)809-1202 Fax.(856)809-1203 AC ER ABS®CfATES,LLC in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973? [47 CFR 1.1307(a)(3)] ❑ Yes E] No 4. Will the facility affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places? [47 CFR 1.1307(a)(4)] ❑Yes ® No 5. Will the facility affect an Indian religious site? [47 CFR 1.1307 (a)(5)]TCNS 4: 185754 ❑Yes Z No ❑NIA If so, describe the source of the information, 6. Will the facility be located in a"floodplain"? [47 CFR 1.1307(a)(6)3 ❑Yes N No 7. Will the construction of the facility involve significant change in surface features(e.g.wetland fill, deforestation or water diversion)?[47 CFR 1.1307(a)(7)] ❑Yes 0 No 8. Will the facility be equipped with high intensity white lights which are to be located in a residential neighborhood,as defined by the local zoning law? [47 CFR 1.1307(a)(8)] ❑Yes ® No Additional Checklist Items: Will the facility affect any National Scenic Trails, National Historic Trails, National Scenic Byways,or National Wild and Scenic Rivers? ®Yes ® No The undersigned has completed this Checklist as part of an environmental impacts analysis for the possible development of a tract of land and certifies that the answers contained herein are truthful and accurate to the best of the undersigned's knowledge after reasonable investigation. Consulting Firm: Market Representative: 8112119 cer Associates, LLC Date Date 1012 Industrial Drive,West Berlin,New Jersey 08091 Tel.(856)809-1202 Fax.(856)809-1203 IA. Cellular Sites—providing Cellular Radiotelephone Services within the meaning of 47 CFR Part 22,Subpart H,do either of the following apply(See A&B below): [47 CFR 1.1307(b)] ❑Yes ❑No A. non-building-mounted antennas: height above ground level to lowest point of antenna less than 10mtrs.(30 ft.);and the total power of all channels is greater than 1,000 watts ERP*.or B, for building-mounted antennas: the total power of all channels is greater than 1,000 watts ERP.* 113. PCS Sites 1) providing Broadband PCS services within the meaning of 47 CFR Part 24,Subpart E,do either of the following apply (See A&C below): [47 CFA 1.1307(b)] [—]Yes []No 2) providing Narrowband PCS services within the meaning of 47 CFR Part 24,Subpart D,do either of the following apply (See B&C below): [47 CFR 1.1307(b)] ❑Yes ❑No A. for non-building—Mounted.antennas: height above ground level to lowest point of antenna less than l Omtrs. (30 ft);and the total power of all channels is greater than 2,000 watts ERP*; or B. for non-building-mounted antennas: height above ground level to lowest point of antenna less than I Omtrs.(30 ft.);and the total power of all channels is greater than 1,000 watts ERP*;or C. for buildin -mounted antennas: the total power of all channels is greater than 2,000 watts ERP.* 1C, Microwave Sites—Complies with exposure limits identified in Table 1 of 1..1310 when the equipment is in close proximity of the public. ❑ Yes ❑ No ❑ N/A 1D. Paging and Radiotelephone Service Sites within the meaning of 47 CFR Part 90,does either of the following apply (See A&B below): [47 CFR 1.1307(b)]: ❑ Yes ❑ No A. for non-building-mounted antennas:height above ground level to lowest point of antenna less than 10 mtrs.(30 ft),and total power of all channels is greater than 1,000 watts ERP*;or B. for building-mounted antennas: the total power of all channels is greater than 1,000 watts ERP.* 1E. Providing 700 services-providing Wireless Communications Services within the meaning of 47 CFR Part 27,do either of the following apply(Select A or B below): [47 CFR 1.13 07(b)]❑ Yes ❑ No A.non-building-mounted antennas:height above ground level to lowest point of antenna less than l Omtrs. (30 ft,);and the total power of all channels is greater than 1,000 watts ERPF`,or B. for building-mounted antennas:the total power of all channels is greater than 1,000 watts ERP.* *In the section above,the term "total power of all channels"means the sum of all co-located simultaneously operating transmitters owned and operated by a single licensee. For facilities using sectored antennas,this rule is applied separately for each sector. REQUIRES SIGNATURE OF RF ENGINEER OR NETWORK DEPLOYMENT MANAGER The undersigned certifies that this site will be modified/constructed in compliance with the RF exposure regulations mandated by the FCC with regard to the general public. The FCC and Cingular guidelines regarding Maximum Permissible Exposure will not be exceeded as a result of activating this site. Signature of RF.Engineer/Network Deployment Mgr Date �AACERASSOCIATES,LLC Section C NEPA Environmental Effects Checklist Source Information Form 1012 Industrial Drive,West Berlin,New jersey 08091 Tei.(856)809-1202 Fax.(856)809-1203 *ACERASSOCIATES,LLC NEPA ENVIRONMENTAL EFFECTS CHECKLIST SOURCE INFORMATION FORM Site Name: Frog Eye Date: 8112119 Initials: ISH 1. Will the facility be located in an officially designated wilderness area? Source: U.S.G.S. Topographic Map. "Wilderness Areas and Wildlife Refuges," Wilderness Areas [shapefiles] and simplified Wildlife Refuge Boundaries [computer files]. Arlington, VA.: Bureau of Land Management, Fish and Wildlife Service, Forest Service and National Park Service. 2. Will the facility be located in an officially designated wildlife preserve? Source: U.S.G.S. Topographic Map. "Wilderness Areas and Wildlife Refuges," Wilderness Areas [shapefiles] and simplified Wildlife Refuge Boundaries [computer files]. Arlington, VA.: Bureau of Land Management, Fish and Wildlife Service, Forest Service and National Park Service. 3. Will the facility: (i) affect listed threatened or endangered species or designated critical habitats; or (ii) likely jeopardize the continued existence of any proposed endangered or threatened species; or is it likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973? Source: Commonwealth of Virginia Department of Conservation and Recreation Virginia Department of Game and Inland Fisheries United States Fish and Wildlife Service (US F&WS) Virginia Field Office 4. Will the facility affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places? Source: Virginia Department of Historic Resources (VDHR) Virginia Cultural Resource Information System (V-CRIB) database SHPO Concurrence in accordance with Section VII.S.I of the 2004 NPA 1012 Industrial Drive,West Berlin,New jersey 08091 Tel.(856)809-1202 Fax.(856)809-1203 *-ACERASSOCIATES,LLC S. Will the facility affect an Indian religious site? Source: Electronic Notification through the FCC's Tower Construction Notification System (TCNS) Direct Tribal Consultation in accordance with the FCC's 2018 Infrastructure Second Report and Order, released March 30, 2018, effective July 2, 2018 6. Will the facility be located in a "floodplain"? Source: "Flood Hazard Zones ," Federal Emergency Management Agency (FEMA) National Flood Hazard Layer (NFHL) Web Map Service [WMS Service]. Jessup, Maryland: FEMA Map Service Center, August 2008. Using: ArcView GIS [GIS Software]. Version 9.3.1. Redlands, CA: Environmental Systems Research Institute, Inc. 1999-2009. 7. Will the construction of the facility involve significant change in surface features (e.g. wetland fill, deforestation or water diversion)? Source: "National Wetlands Inventory," United States Fish & Wildlife Service Web Map Service [WMS Service]. Madison, WI: U.S. Fish and Wildlife Service, Department of the Interior. Various Dates (Start Date: 1990-01-01). "SSURGO Soil Survey Area," NRCS Soil Data Mart Data Access Web Map Service [WMS Service]. Auburn, AL: National resources Conservation Service. 8. Will the facility be equipped with high intensity white lights to be located on an antenna tower or supporting structures located in a residential neighborhood, as defined by the local zoning law? Source: ROCON LLC 9. Will the facility affect any National Scenic Trails, National Historic Trails, National Scenic Byways, or National Wild and Scenic Rivers? Source: US Department of the Interior - National Park Service, National Trails System Maps, http:/Iwww.nps.gov/nts/ United States Department of Transportation, Federal Highway Administration, America's Byways, http://www.fhwa.dot.gov/byways/ "Continental United States", National Park Service, National Wild and Scenic Rivers System [shapefiles]. Burbank, WA: USGS National Atlas and the Interagency Wild and Scenic River Coordinating Council. 1012 Industrial Drive,West Berlin,New Jersey 08091 Tel.(8S6)809-1202 Fax.(856)809-1203 MAIACERASSOCIATES,LEC Section D FCC Form 620 1012 Industrial Drive,West Berlin,New Jersey 08091 Tel.(856)809-1202 Fax(856)809-1203 FCC Form 620 FCC Wireless Telecommunications Bureau Approved by OMB New Tower("NT")Submission Packet 3060-1039 Notification Date: 7AM EST 06/1212019 See instructions for File Number: 0008686638 public burden estimates General information 1) (Select only one) ( NE ) NE—New UA—Update of Application WD—Wrthdrawai ofApplication 2)If this application is for an Update or Withdrawal,enter the file number of the pending application Fife Number: currently on file. Applicant Information 3)FCC Registration Number(FRN): 0023421365 4)Name: ROCON LLC Contact Name 5)First Name: William 6)Mt: E 7)Last Name: Rothman 8)Suffix: 9)Title: Principal Contact Information 10)P.O.Box: And 11)Street Address: 9101 Chesapeake Avenue 12)City: Sparrows Point 13)State: IND 14)Zip Code: 21219 15)Telephone Number: (443)804-8007 16)Fax Number: 17)E-mail Address: velpoe@atianticbb.net Consultant Information 18)FCC Registration Number(FRN): 0028471308 19)Name: ACER Associates,LLC Principal Investigator 20)First Name: E.Quent 21)ML 22)Last Name:Winterhoff 23)Suffix: 24)Title:Archaeologist Principal Investigator Contact Information 25)PA.Box: /Ord 26)Street Address: 1012 Industrial Drive 27)City: West Berlin 28)State: NJ 29)Zip Code: 08091 30)Telephone Number: (856)809-1202 T31)Fax Number: (856)809-1203 32)E-mail Address: scotthorn@acerassociates-com 1 of 19 FCC Form 620 May 2014 Professional Qualification 33)Does the Principal Investigator satisfy the Secretary of the Interior's Professional Qualification Standards? (X ):fes ( }No 34)Areas of Professioral Qualification: ( X ) Archaeologist ( ) Architectural Historian { } Historian ( ) Architect ( ) Other(Specify) Additional Staff 35)Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( )Yes ( X )No If"YES,'complete the following: 36)First Name: 37)Mi: 38) Last Name: 39)Suffix: 40)Title: 41)Areas of Professional Qualification: ( ) Archaeologist ( } Architectural Historian ( ) Historian ( ) Architect { ) Other(Specify) 2 of 19 FCC Form 620 May 2014 Site Information Tower Construction Notification System 1)TONS Notification Number: 185754 Site Information 2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( )Yes { X }No 3)Site Name: Frog Eye 4)Site Address: 141 Fairview Road 5)Detailed Description of Project Frog Eye-new tower site build L')City. Gore 7)State:VA �8)Zipode: 22637 9)County/Borough/Parish: FREDERICK 10)Nearest Crossroads: Northwestern Pike and Fairview Road 11)NAD 83 Latitude(DD-MM-SS.S): 39-17-04.4 ( X )Nor( )5 12)NAD 83 Longitude(DD-MM-SS.S); 078-23-05.1 ( )E or( X )W Tower Information 13)Tower height above ground level(include top-mounted attachments such as lightning rods): 81.3 ( )Feet ( X )Meters 14)Tower Type(Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( X ) Monopole { ) Other(Describe): Pro'ect Status 15)Current Project Status(Select One): ( X ) Construction has not yet commenced ( ) Construction has commenced,but is not completed Construction commenced om ( ) Construction has been completed Construction commenced on: Construction completed on: 3 of 19 FCC Form 620 May 2014 Determination of Effect 14)Direct Effects(Select One): ( X ) No Historic Properties in Area of Potential Effects(APE) ( ) No Effect on Historic Properties in APE { ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 15)Visual Effects(Select One): { X } No Historic Properties in Area of Potential Effects(APE) ( ) No Effect on Historic Properties in APE { ) No Adverse Effect on Historic Properties in APE ( } Adverse Effect on one or more Historic Properties in APE 4 of 19 FCC Form 620 May 2014 TribalINI-10 Involvement t)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 185754 Number of Tribes/NHOs: 15 Zb)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)TribelNHO FRN: 4)Tribe/NHO Name: Bad River Band of Lake Superior Tribe of Chippewa Indians Contact Name 5)First Name: Edith 6)MI: 7)Last Name: Leoso 8)Suffix: 9)Title: THPO bates&Response 10)Date Contacted 06/1612019 11)Date Replied ( X ) No Reply ( } Replied/No Interest ( ) Replied/Have Interest ( ) RepliedlOther Tribe/NHO Contacted Through TCNS 3)TribelNHO FRN: 4)Tribe/NHO Name: Catawba Indian Nation Contact Name 5)First Name: Dr.Wenonah T6) Ml: G 7)Last Name: faire 8)Suffix: 9)Tale: THPO and Executive Director Dates&Response 10)Date Contacted 05116/2019 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) RepliedlOther S of T9 PCC Form 620 May 2014 Tri ba NN HO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NI-10s)been identified that may attach religious and cultural sfgnificanoe to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 185754 Number of TribeslNHOS: 15 2b)Tribes/NHOs contacted through an alternate system: Number of TribeslNHOs: Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Cherokee Nation Contact Name 5)First Name: Gwen6)MI: 7)Last Name: Terrapin t3}Suffix: 9)Title: Dates&Response 10)Date Contacted 0511512019 1 t)Date Replied ( X ) No Reply ( ) RepliedlNo Interest ( } Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)T0be1NH0 FRN: 4)Tribe/NHO Name: Chickahominy Indian Tribe Contact Name 5)First Name: Stephen 6)MI: 7)Last Name: Adkins 8)Suffix: 9)Title: Chief Dates&Response 10)Date Contacted 05115/2019 11)Date Replied ( X ) No Reply ( ) RepliedlNo Interest ( } Replied/Have Interest ( ) RepliedlOther 6 of 19 FCC Fonn 620 May 2014 TriballNHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual ( X )Yes ( }No effects? 2a)Tribes/NHOS contacted through TCNS Notification Number: 185754 Number of Tribes/NHOs: 15 2b)Tribes/NHOS contacted through an alternate system: Number ofTribeslNHOs: 0 TribeINHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)TribelNHO Name: Crow Creek Sioux Tribe Contact Name 5)First Name: Montana&Associates tij MI: 7)Last Name: LLC 8)Suffix: 9)Title: Attorney Dates&Response 10)Date Contacted 05115/2019 11)Date Replied 05/23/2019 ( ) No Reply ( ) Replied/No interest ( X ) RepliedlHave Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Cultural Heritage Partners Contact Name 5)First Name: Ellen 6)MI: 17)Last Name: Chapman 8)Suffix: 9)Title: Program Manager Dates&Response 10)Date Contacted 05/1612019 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 7 of 19 FCC Form 620 May 2014 Tri balIN H0 Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the ARES for direct and visual ( X }yes ( )No effects? 2a}Tribes/NHOs contacted through TCNS Notification Number: 185754 Number of Tfibes/NHOs: 15 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes1NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)TribeINHO Name: Delaware Nation Contact Name 5)First Name: Kim 6) MI: 7)Last Name: Penrod 8)Suffix_ 9}Title: Cultural Resources Director Dates&Response 10)Date Contacted 05/16/2098 11)Date Replied ( X ) No Reply ( } Replied/No Interest { } RepliedMave Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Eastern Shawnee Tribe of Oklahoma Contact Name 5)First Name: Kelly 6)MI: 7)Last Name: Nelson 8)Suffix: 9)Title: Cell Tower Coordinator Dates&Response 10)Date Contacted 05/9612019 11)Date Replied 05/2012019 ( } No Reply ( } Replied/No Interest ( ) Replied/Have interest ( X ) Replied/Other 8 of 19 FCC Form 620 May 2414 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual ( X )Yes { )No effects? 2a)Tribes/NHOS contacted through TONS Notification Number: 185754 Number of Tribes/NHOs: 16 2b)Trlbes/NHOs contacted through an alternate system: Number of Tribes/NHOS: 0 TribelNHO Contacted Through TCNS 3)TribelNHO FRN: 4)Tribe/NHO Name: Flandreau Santee Sioux Tribe Contact Name 5)First Name: Garrie S)Ml: 7)Last Name: Kills a Hundred 8)Suffix: 9)Title: THPO Officer Dates&Response 10)Date Contacted 0511612619 11)Date Replied { X } No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other TribelNHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Monacan Nation Contact Name 5)First Name: Dean s)ML 7)Last Name: Branham g)Suffix: 9)Title: Dept of Cultural Preservation Dates&Response 10)Date Contacted 06/16/2019 11)Date Replied ( X ) No Reply ( ) Replied/No Interest { ) Replied/Have Interest ( ) RepliedlOther 9 o£19 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )yes ( )Mo effects? 2a)TribeslNHOs contacted through TCNS Notification Number: 185754 Number of TribeslNHos: 15 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 TribelNHO Contacted Through TCNS 3)Tdbe/NHO FRN: 4)Trlbe/NHO Name: Nansemond Indian Tribe Contact Name 5)First Name: Lee 6)MI: 7)Last Name: Lockamy 8)Suffix: 9)Title: Chief Dates&Response 10)Date Contacted 0511512019 11)Date Replied { X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) RepliedlOther TribelNHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Prairie Island Indian Community Contact Name 5)First Name: Noah 6)TNI: C 7)Last Name: White 8)Suffix: Ili 9)Title: THPO Dates&Response 10)pate Contacted 05/15/2019 11)Date Replied ( X ) No Reply { ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 10 of 19 FCC Form 620 May 2014 Tri baUNHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 186754 Number of TribesfNHOs: 15 2b)Tribes/1\11-10s;contacted through an alternate system: Number of Tribes/NHOs: 0 TribelNHO Contacted Through TCNS 3)TribeINHO FRN: 4)Tribe/NHO Name: Shawnee Tribe Contact Name 5)First Name: Kim 6)MI: 7)Last Name:Jumper 8)Suffix: 9)Title: THPO Dates&Response 10)Date Contacted 05116/2019 11)Date Replied { X ) No Reply ( ) Replied/No Interest ( ) RepliedtHave Interest { ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: The Upper Mattaponi Indian Tribe Contact Name 5)First Name: W.Frank 6)MI: 7)Last Name: Adams 8)Suffix: 9)Title: Chief Dates&Response 10)Date Contacted 0511512019 11)Date Replied { X ) No Reply ( ) Replied/No Interest { ) Replied/Have Interest ( ) Replied/Other 11 of 19 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations{NH(Ds)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual { X )Yes ( )No effects? 2a)Tribes/NHOS contacted through TONS Notification Number: 188754 Number of TnbeslNHOs: 15 2b)TribesINHOs contacted through an alternate system: Number of TdbeslNHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tdbe/NHO FRN: 4)TribelNHO Name: Tuscarora Nation Contact Name 5)First Name: Bryan fi)MI: 7)Last Name: Printup 8)Suffix: 9)Title: TCNS Rep Dates&Response 10)Date Contacted 0511512019 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have interest ( ) Replied/Other 12 of 19 FCC Form 524 May 2014 Other Tribes/NHOs Contacted Tri befN HO Information 1)FCC Registration Number(FRN): 2)Name: Contact Name 3)First Name: 4)MI: 5)Last Name: 6)Suffix: 7)Title: Contact Information 8)P.O.Box: !O d )Street Address: 10)City: 11}State: F12)Zip Code: 13)Telephone Number: 14)Fax Number: 15)E-mail Address: 16)Preferred means of communication: ( )E-mail { }Letter ( )Both Dates&Response 17)Date Contacted 18)Date Replied ( } No Reply ( ) Replied/No Interest Replied/Have Interest { ) Replied/Other 13 of 19 FCC Form 620 May 2014 Historic Properties Properties Identified 1)Have any historic properties been identified within the APES for direct and visual effect? ( )yes ( X )No 2)Has the identification process located archaeologicaR materials that would be directly affected,or sites that are of ( )Yes ( X )No cultural or religious significance to Tribes/NHOs? 3)Are there more than 10 historic properties within the APES for direct and visual effect? ( )yes ( X )No If"Yes",you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. Historic Pro e 4)Property Name: 5)SHPO Site Number: Property Address 6)Street Address: 7)City: 8)State: 9)Zip Code: 10)County/Borough/Parish: Status&Eli ibili 11)Is this property listed on the National Register? ( )yes { )No Source: 12)Is this property eligible for listing on the National Register? ( )Yes ( )No Source: 13)Is this property a Nationat Historic Landmark? Yes No 14)Direct Effects(Select One): { } No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15)Visual Effects(Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 14 of 19 FCC Farm 620 May 2014 Local Government Involvement Local Government Agency 1)FCC Registration Number(FRN): 2)Name: Frederick County Historic Resources Advisory Board Contact Name 3)First Name: Maral 4)Ml: 5)Last Name: Kalbian 6)Suffix: 7)Title: Architectural Historian Contact Information 8)P.Q.Box: road 9)Street Address: 107 North Kent Street 10)city: Winchester 11)State: VA 12)Zip Code: 22601 13)Telephone Number: (640)666-6600 14)Fax Number: 15)E-mail Address: 16)Preferred means of communication: ( )E-mail ( X )Letter ( )Both Dates&Response 17)Date Contacted 05109/2019 18)Date Replied ( X ) No Reply ( ) Replied/No Interest } RepliedtHave Interest { ) Replied/Other Additional Information 19)Information on local government's role or interest(optional): 15 of 19 FCC Form 620 May 2014 Local Government Involvement Local Government Agency 1)FCC Registration Number(FRN): 2)Name: Frederick County Planning Commission Contact Name 3)First Name: Kevin 4)MI: W 5)Last Name: Kenney 6)Suffix: 7)Title: Chairman Contact Information 8)F.D.Box: And 9)Street Address: 107 North Kent Street 10)City: Winchester 11)State: VA 12)Zip Code: 22601 13)Telephone Number: (540)665-5600 T,4)Fax Number: 15)E-mail Address: 16)Preferred means of communication: ( )E-mail ( X )Letter ( }Both Dates&Response 17)Date Contacted 0510912019 16)Date Replied ( X ) No Reply ( ) Replied/No Interest { ) Replied/Have Interest ( ) Replied/Other Additional Information 19)Information on local government's role or interest(optional): 16 of 19 FCC Form 620 May 2014 Other Consulting Parties Other Consulting Parties Contacted 1)Has any other agency been contacted and invited to become a consulting party? {X )yes { }No Consulting Party 2)FCC Registration Number(FRN): 3)Name: Winchester-Frederick County Historical Society Contact Name 4)First Name: Not 5)ihl: 6)Last Name: Available 7)Suffix: 8)Title: Contact Information 9)P.O.Box: IO d 10)Street Address: 1340 South Pleasant Valley Road 11)City: Winchester 12)State: VA 13)Zip Code: 22607 14)Telephone Number: (540)862-6550 15)Fax Number: 16)E-mail Address: 17)Preferred means of communication: ( )E-mail ( X )Letter ( }Both Dates&Response 18)Date Contacted 05!09!2019 19)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) ReptiedlHave Interest ( ) Replied/Other Additional Information 20)Information on other consulting parties'role or interest(optional): 17 of 19 FCC Foam 620 May 2014 Designation of SHPQITHPO 1)Designate the Lead State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Officer(THPO)based on the location of the tower. SHP01THP0 Name: Virginia Department of Historic Resources 2)You may also designate up to three additional SHPOs/THPOs 4 the APES include multipte states. If the APES include other countries,enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation Agency, SHPOffHPO Name: SHPOITHPO Name: SHPOITHPO Name: Certification I certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true,correct,and complete. Party Authorized to Sign First Name:J.Scott Mi; Last Name:Horn Suffix: Signature: J.Scott Horn Date: 06/1112019 FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S. Code,Title 18,Section 1001)ANDIOR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT(U.S.Code,Title 47,Section 312(a)(1)),AND/OR FORFEITURE(U.S.Code,Title 47,Section$03). 18 of 19 FCC Farm 620 May 2014 Attachments Type Description Date Entered Resumes/Vitae A.=b-meat 1-Resumes 06/1112019 Photographs Attachment 2-Photographs 06111/2019 Map Documents Attachment 3-Mpps 06/91/2019 Additional Site Information Attachment 4-Additional site Information 06/11/2019 Area of Potential Effects Attachme t 5-Areas of Potential Effects 06/11/2019 Tribal/NHO Involvement Attao6roent 6-Tribal-NHQ,Involvement 06/11/2019 Historic Properties for Direct Effects Attachment 7-i�lstoric Properties within the APE 06/11/2019 or Dima Historic Properties for Visual Effects Att"hrDent s-Historic Properties within Mg APE 06/11/2019 for Visual Area of Potential Effects Aftachmgot 9-Effeets on lde�ti ed 2LQpgqiEa 0611112019 Local Government Involvement a mertl 1 - I rn n n of n 06/11/2019 Public Involvement Attachmelt 11 -Public Involvement 06/11/2019 Other Attachment 12-13 bliogi-,aghv 06/11/2019 19 cif 19 FCC Fora 620 May 2014 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 ATTACHMENT I. RESUMES/VITAE E. QUENT WINTERHOI=F, PHD, RPA Senior Principal Scientist EXPERIENCE: Dr. Winterhoff has more than a dozen years of project management experience in cultural resource services including phase I archaeological surveys, architectural viewshed analyses, phase 11 site evaluations, and phase III mitigations. At Apogee, Dr. Winterhoff's responsibilities include project oversight, proposal writing, agency consultation, and completing technical and regulatory reports. EDUCATION: University of Oregon, Eugene, OR, Doctor of Philosophy in Anthropology University of Oregon, Eugene, OR, Master of Science in Anthropology Ohio University, Athens, OH, Bachelor of Arts in Anthropology(cum laude) PROFESSIONAL AFFILIATIONS: Register of Professional Archaeologists Society for American Archaeology PRIOR ARCHAEOLOGICAL PROJECT EXPERIENCE: 2015-Present Senior Principal Scientist Investigator, Apogee Environmental & Archaeological, Inc., Pittsburgh, PA 2011-201S Principal Investigator, Apogee Environmental & Archaeological Inc., Whitesburg, KY& Charleston WV 2010 Principal Investigator,Janus Research, Tampa, FL 2010 Staff Archaeologist, Florida History, LLC, Tampa, FL 2009 Laboratory Supervisor, ASPA Archaeological Program, Pago Pago, AS 2008 Archaeological Technician, Environment and Archaeology, LLC, Florence, KY 2008 Principal Investigator, Environment and Archaeology, LLC, Florence, KY 2003-2006 Project Leader/Field Director, University of Oregon, Museum of Natural and Cultural History, Eugene, OR 2006 Instructor, University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS 2001 Field Director, University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS Applicant's Name; ROCON LLC Project Name: ROCON LLC Frog Fye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 1997-2000 Archaeological Technician, Environment and Archaeology, LLC, Florence, KY 1998 Lab Technician, The Obsidian Hydration Laboratory, Ohio University,Athens, OH 1998 Curator, The Department of Classics, Ohio University, Athens, OH 1998 Lab Technician, Ohio University Archaeological Laboratory, Athens, OH 1998 Assistant Field Director, OU Archaeological Field School, Athens, OH 1996-1997 Archaeological Technician, Archaeological & Historical Consultants, State College, PA 1996 Undergraduate Participant, OU Archaeological Field School, Athens, OH SUPERVISORY EXPERIENCE & RESEARCH: Archaeological Survey 180 weeks total+ 2010- Principal Investigator: Apogee Environmental &Archaeological, Inc. 2010 Principal Investigator:Janus Research, Tampa, FL 2008 Principal Investigator: Environment and Archaeology, LLC, Florence, KY 2003-2006 Project Leader/Field Director: UO, Museum of Natural and Cultural History, Eugene, OR Excavations (84 weeks total3 2009 Laboratory Supervisor: ASPA Archaeological Program, Pago Pago, AS 2008 Principal Investigator: Environment and Archaeology, LLC, Florence, KY 2003-2006 Project Leader/Field Director: UO, Museum of Natural and Cultural History, Eugene, OR 2006 Instructor: University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS 2005 Field Director: Prehistoric Basalt Tool Production in American Samoa and its Role in Exchange Networks in Fiji-West Polynesia: NSF award number 0533926 (2005) 2001 Field Director: University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS Laboratory Cataloging&Analysis (60 weeks total) 2010 - Principal Investigator: Apogee Environmental &Archaeological, Inc., Whitesburg, KY 2009 Laboratory Supervisor:ASPA Archaeological Program, Pago Pago, AS 2009 Principal Investigator: Environment and Archaeology, LLC, Florence, KY 2003-2006 Project Leader/Field Director: UO, Museum of Natural and Cultural History, Eugene, OR 2006 Instructor; University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS 2005 Field Director; Prehistoric Basalt Tool Production in American Samoa and its Role in Exchange Networks in Fiji-West Polynesia: NSF award number 0533926 Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 2001 Field Director: University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS Part-Time Graduate Instructor: Department of Anthropology, University of Oregon, Eugene, OR Midwestern Prehistoric Archaeology f 144 weeks total, 2010+ Principal Investigator: Apogee Environmental &Archaeological, Inc., Whitesburg, KY 2008 Principal Investigator: Environment and Archaeology, LLC, Florence, KY Midwestern Historic Archaeology(107 weeks total 2011+ Principal Investigator: Apogee Environmental &Archaeological, Inc., Whitesburg, KY 2008 Principal Investigator: Environment and Archaeology, LLC, Florence, KY Historic Archaeology(24 weeks total) 2011+ Principal Investigator: Apogee Environmental &Archaeological, Inc„ Whitesburg, KY 2010 Principal Investigator:Janus Research, Tampa, FL 2003-2006 Project Leader/Field Director: UO, Museum of Natural and Cultural History, Eugene, OR NONSUPERYISORY EXPERIENCE & RESEARCH: Archaeological Survey(74 weeks total 1997-2000; 2008 Archaeological Technician: Environment and Archaeology LLC, Florence, KY 1996-1997 Archaeological Technician: Archaeological & Historical Consultants, State College, PA Excavations(45 weeks total) 2010 Staff Archaeologist(26 weeks): Florida History, LLC, Tampa, FL 1997-2000; 2008 Archaeological Technician: Environment&Archaeology LLC, Florence, KY 1996-1997 Archaeological Technician: Archaeological & Historical Consultants, State College, PA Laboratory Cataloging&Analysis(26 weeks total) 2010 Staff Archaeologist: Florida History, LLC, Tampa, FL 1997-2000 Lab Technician: Environment and Archaeology LLC, Florence, KY 1998 Lab Technician: The Obsidian Hydration Laboratory, Ohio University, Athens, OH 1998 Curator: The Department of Classics, Ohio University, Athens, OH 1998 Lab Technician: Ohio University Archaeological Laboratory, Athens, OH Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 520 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Midwestern Prehistoric Archaeology(89 weeks total) 1997-2000; 2008 Archaeological Technician: Environment and Archaeology LLC, Florence, KY 1998 Assistant Field Director: Ohio University Archaeological Field School, Athens, OH 1996 Undergraduate Participant: Ohio University Archaeological Field School, Athens, OH Midwestern Historic„Archaeology(6 weeks total) 1997-2000; 2008 Archaeological Technician: Environment&Archaeology LLC, Florence, KY Historic Archaeology(8 weeks total) 1997-2000; 2008 Archaeological Technician: Environment &Archaeology LLC, Florence, KY 1996-1997 Archaeological Technician: Archaeological & Historical Consultants, State College, PA ARCHAEOLOGICAL FIELD SCHOOLS 2006 Instructor: University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS 2001 Field Director: University of Oregon, Pacific Island Archaeological Field School, Tutuila, AS 1998 Assistant Field Director: Ohio University Archaeological Field School, Athens, OH 1996 Undergraduate Participant: Ohio University Archaeological Field School, Athens, OH ACADEMIC PUBLICATIONS & CONFERENCE PRESENTATIONS Winterhoff, E., Ayres, W.S., Wozniak,J.A„ and E. Lash (2007) Intra-Island Source Variability on Tutuila, American Samoa and Prehistoric Basalt Adze Exchange in Western Polynesia-Island Melanesia.Archaeology in Oceania 42:65-71. Winterhoff, E., and D. Rigtrup (2006) A Tale of Two Quarries: investigating Prehistoric Basalt Adze Production on Tutuila Island, American Samoa.journal of Samoan Studies 2:87-94. Winterhoff, E. (2005) Material Choice and Travel Time in Ancient Polynesia: An Experimental Perspective on Basalt Adze Exchange. Rapa Nuifournal 19(2) 91-99. Winterhoff, E., and P.Johnson Material Manifestations of Landscape Control in Prehistoric Samoa. 2009 74th Society of American Archaeology Annual Meeting. Poster Presentation, Atlanta, GA. Applicant's Name: ROCON LLC Project Name. ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Winterhoff, E., and P.Johnson Social Relations at Basalt Adze Production Sites on Tutuila, American Samoa: A Chemical Characterization Study into Intra-island Distribution. 2008 73rd Society of American Archaeology Annual Meeting, Vancouver, BC. Winterhoff, E. To'i: Production Analysis of Samoan Basalt Adzes. 2007 72nd Society of American Archaeology Annual Meeting, Austin TX. Winterhoff, E. Have Adze, Will Travel: Understanding Prehistoric Inter-Island Interaction by Examining Intra-Island Basalt Adze Source Variability. 2007 V11 International Conference on Easter Island and the Pacific, Visby, Sweden. Winterhoff, E., Ayres,W., and D. Rigtrup Recent Insights i to Prehistoric Stone Tool Production within Tutuila, American Samoa. 2006 18th Annual Indo-Pacific Prehistoric Association Conference, Manila, Philippines. Winterhoff, E. Rivers Run Through It: Fishing, Hunting and Obsidian Acquisition in the Mid-Columbia Valley. 2006 Northwest Anthropological Conference, Seattle, WA. Henrikson, L., Winterhoff, E., and M. Long Phantom Associations: An Experimental Perspective on Vertical Displacement of Lithic Assemblages in Cave Deposits. 2005 38th Chacmool Archaeological Association Conference: Tools of the Trade, University of Calgary, Canada. Winterhoff, E. Assessing Raw-Material Utility for Adze Tools: an Experimental Point of View on Ancient Polynesian Exchange. 2005 38th Chacmool Archaeological Association Conference: Tools of the Trade, University of Calgary, Canada. Winterhoff, E., Ayres, W.S., Wozniak,J.A., and E. Lash A Short Step in a Long Distance interaction Sphere: Quarry Activities in West Tutuila, American Samoa. 2003 101st American Anthropological Association Annual Meeting. Poster Presentation, Chicago, IL. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 J. SCOTT HORN, PG, CI-NINI President As a principal of Acer Associates, LLC, Mr. Horn has extensive experience working on Section 106 Review and Historic Preservation construction projects. Since 1998, Mr. Horn has acted as a project manager and principal investigator for over 4,000 National Historic Preservation Act (NHPA), Section 106 Historic Reviews conducted for telecommunications sites in New Jersey, Pennsylvania, Maryland, New York, Virginia, West Virginia and Delaware. Mr. Horn is responsible for the preparation and review of Section 106 Review reports for telecommunication sites in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia and New York. Reports include Form 620s and Form 621s in accordance with the Nationwide Programmatic Agreements for telecommunication sites, visual impact assessments, photosimulations, mitigation of adverse effects and memorandum of agreements. Mr. Horn also has extensive experience working on Historic Preservation construction projects in a project management role. These projects have included such notable historic structures as The Bellevue Stratford Hotel, Independence Hall National Park, 30" Street Station, City Hall, Suburban Station, Roman Catholic High School, and The Fidelity Building in Philadelphia, Pennsylvania; The Camden County Courthouse and the former First National Bank located at 2"' and Market Street in Camden, New Jersey; The Carnegie Library in Atlantic City, New Jersey; and a residence located at I 1 Remsen Avenue in New Brunswick, New Jersey. Mr. Horn has prepared National Environmental Policy Act (NEPA) environmental effect surveys and Environmental Impact Assessments (EIAs) for over 2,000 telecommunications sites in New Jersey, Pennsylvania, Delaware, Maryland,Virginia, West Virginia, and New York. PROFESSIONAL EXPERIENCE: Acer Associates, LLC, West Berlin, NJ, 2003-Present Adler Geoscience, Inc. Barrington, NJ, 1998-2003 The Krydon Group, Inc., Cherry Hill, NJ, 1994-1998 Hill International, Inc., Willingboro, NJ, 1989-1994 Kaselaan & D'Angelo Associates, Haddon Heights, NJ 1984-1989 Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 CULTURALkHISTORICAL RESOURCE EVALUATION: • Conducts Surveys and Evaluations of Historic Structures in accordance with Sections 106 and 110 of the National Historic Preservation Act. • Preparation of National Environmental Policy Act (NEPA) reports, and National Historical Preservation Act's (NHPA) Section 106 Reviews, and submission of these reports to the appropriate State Historic Preservation office (SHPO). • Conducts reviews of architectural and archaeological resource information at state historic preservation offices (SHPOs), state museums and libraries, and local historic societies. • Prepares and reviews assessments of adverse effects pursuant to 36 CFR 800. • Research and preparation of historical and architectural and architectural documentation in support of building restoration. • Oversees architectural field surveys and archival research to determine significance and eligibility for the National Register of Historic Places (NRNP). • Conducts site investigation and preparation of cultural resource survey forms for potentially eligible properties. • Reviews applications for NRHP determination of eligibility (DOE) in accordance with the Secretary of Interior's Standards and Guidelines. • Familiar with a variety of research tools including the National Register Information System (NRIS), historic topographical maps, historic Sanborn maps, deed records, County Soil Surveys, State and Local Historical Maps and informant interviews. • Prepares photographic documentation and simulation for determination of effects and/or mitigation. • Researches HABSIHAER documentation. • Conducts Balloon Tests and Photo Simulations for determination/resolution of potential adverse visual effects. EDUCATION AND CERTIFICATIONS: B.S. Geology, 1983 University of Delaware, Newark, DE Professional Geologist, P.G., Delaware, I.D. #S4-0001075 Professional Geologist, P.G., Pennsylvania, I.D.# PG062896 Professional Geologist, P.G., Tennessee, I.D.#00004319 Professional Geologist, P.G., Virginia, I.D. #2801 001820 Licensed Site Remediation Professional, New Jersey I.D.#575606 Certified Hazardous Materials Manager (CHMM) Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3680-1039 PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS: American Conference of Governmental Industrial Hygienists (ACGIH) American Industrial Hygiene Association (AIHA) Institute of Hazardous Materials Management (IHMM) Alliance of Hazardous Materials Professionals (AHMP) Geologic Society of America (GSA) American Council for Accredited Certifications (ACAC) Society for Architectural Historians (SAH) National Trust for Historic Preservation American Concrete Institute (ACI) American Institute of Professional Geologists (AIPG) Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 ATTACHMENT 2. PHOTOGRAPHS All photographs were taken by ACER on March 5, 2019. The camera used during the site reconnaissance had an 8 mm focal length of lens. a. Photographs taken from the tower site showing views in all directions. b. Photographs of all listed and eligible properties within the Areas of Potential Effects (APE), if any. C. Photographs in the direction of the tower site from listed and/or eligible properties that are visible from the project area, if any. d. Aerial photograph(s) of the APE for Visual Effects. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 AL i , ACERASSOCIATRS,LLC 4' r�ytkA r i. 1Y' i` f E. . .• proposed 10 12 Indmtrial Drive, 08091 :tFax(856)-809-1203 °'s A •I ASSOCIATES,LLC c=»11i�.•� "�: its ""-a-. k�l Photograph 2: View from the site facing north. 1 J Photograph Drive,10 12 Industrial West Berlin,NewJersey 08091 .1. (856)-809-F202 (856)-809-1203 M .. •g Iry M -W —s"— a •+,. ARM o t&tif!o64 4 i Frog Eye r i..r 6 N `{ SITE LOCATION 112 MILE RADIUS AERIAL LOCATION MAP "Imagery;'World_Imagery[ArcGIS Map Service]. Redlands,CA: AGER ASSOCIATES, LLC Environmental Systems Research institute,Inc. 1012 INDUSTRIAL DRIVE WEST BERLIN,NEW JERSEY 08091 Tel (856)809-12021 Fax(SS6)809-1203 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3064-1039 ATTACHMENT 3. MAPS Attached are one or more 7.5-minute quad USGS topographical maps identifying: a. The APES for Direct and Visual Effects. b. The location of the proposed site and any new access roads or other easements including excavations. C. The locations of each property are listed in Attachment 8. d. Keys for any symbols, colors, or other identifiers. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 fir. ,{(.�J F•,i +` 1T,T ,Xyj/fJ !F .`.,r } moi' ���(_ � +_�"` fir✓•"" � ,fjP �,n,+ � v� - - Or ee 1.20 Ole Frog Eye..Pit •�� °'!� i r,o f '! a 1 r a� f +`o,..M '�M•r ®a+� _ ...s a.}r&.+++,,,. �,...;-. ' 7 .... r t�,=lr �j:.` � ��`�"�t3a y�* �'"` .r «. SITE LOCATION USGSTOPOGFiAPHIC MAP 112 MILE RADIUS Capon Bridge Quadrangle IUSGSTopograph1c:Map;US Topo_Maps[ArcGISMapService].Wands,CA: ACER ASSOCIATES, LLC EnvVonme=1 Systems Research Institute,Inc.UsIng:ArcV'rew GS[GIS Software]. IG}12 INDUSTRIAL DRIVE 9.3.I. Reftnds,CA;Environmental Systems Research Institute,Inc.,1999-200g, ` WEST BERLIN,NEW JERSEY 08091 Tel(856)809-1202 1 Fax(856)809-1203 y O �'C6 ry w [ JF �y 1 ® Q m to A tF 7 yf J t C: or S d J' [Y C' 67 v rMf � � 1 y - a `m C t� c e. c.. s ¢ P V tp -L5 n y L L L' d` Fn dl• = G�C``� G C NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 ATTACHMIENT 4. ADDITIONAL SITE INFORMATION Fixed Asset#: 10138153 Tax Parcel 1D: 26 A 29 Project Overview: ROCON LLC proposes to construct a telecommunications facility at 141 Fairview Road in Gore, Frederick County, Virginia. The scope of work for this project has been summarized below: • Construct a 195 foot monopole within a 50 foot by 50 foot fenced tower compound; • Install six (6) antennas (2 per sector) at centerline heights of 190 feet and tip heights of approximately 194 feet; • Install nine (9) remote radio heads (RRH) (3 per sector) on proposed antenna frame per the enclosed construction documents; • Install six foot lighting protection to the top of monopole with an overall tower height of 201 feet; • Install a 6.7 foot by 6.7 foot walk-in cabinet on a proposed pre-fab platform and diesel generator on a proposed 10 foot by 18 foot concrete pad, a cable bridge, a handhole, and a utility backboard within the tower compound; • Install a pad mounted transformer adjacent to the proposed equipment compound; • Route approximately 380 linear feet of underground telco and power conduits from the tower compound to an existing utility pole located along the north side of the proposed access drive extending off Fairview Road; and • Construct a 10 foot wide gravel access road off of Fairview Road. The above scope of work was interpreted from the March 22, 2019 construction documents prepared by Infinigy Engineering, PLLC. A copy of the construction documents is attached. 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ZSI313f180VJ xlY3� gSseS 3�yp 0y4sONY3s 0;51 b �' Oa N01131{L9Et 311d`sW 3NIM3z c x .� ��� �����o� �e e������j�LL ;�€� ��ws 8,ke1N1JN1 me � ;n. �o 1 WI� WN -- ig s o S .S110 0-1 _ 0 N Xxx x—x—x—x —Ix � � x I Ix x xf �� x I I C: X I I �tG�•� _ /////` w �r igl ...-..,...�T—� x RK111y - w V I5 I w Lx—x—x—x—x—x—x—x—x X— —��— �6 an 3soiax� suLzan'aanumrycwo-ios wsielroi C4 LSL nuns avoa xiaea�vsscs aruemaaraw�sosu9[AKOIy'1�ngryyH 011d'JNIUMNIJN� �b M1bZ 3M ASL DUJS ��.,.� �LL CEO IN pyi ya a 3 2 O L_ W� 15 a� �8a 3 8;� g �L F o g r 49m dm$moz a be c VU a _ Era O a 15 ode 9 �s o ds m Sm ON PH &aft =O�OOOss � ra= NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 ATTACHMENT S. AREAS or- POTENTIAL EFFECTS a. APE FOR DIRECT EFFECTS The APE for direct effects includes areas of earth disturbance associated with the proposed tower, associated equipment compound, and access and utility easements. b. APE FOR VISUAL EFFECTS The APE for visual effects associated with this project was a three-fourths (3/4) mile radius from the proposed tower site as specified by Section V1.C.4.b of the "Nationwide Programmatic Agreement for Review of Effects on Historic Properties For Certain Undertakings Approved By The Federal Communications Commission" if the proposed tower is more than 200 but no more than 400 feet in overall height. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 ATTACHMENT 6. TRIBAL AND NHO INVOLVEMENT On May 13, 2019, Acer Associates, LLC (ACER) on behalf of ROCON LLC posted a notification on the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS) — Notification ID 185754. A Notice of Organizations email (NOO) dated May 17, 2019 from the FCC notified AC£R that the information had been sent to identified Tribal Nations by electronic mail and/or regular mail (letter). Any necessary follow up correspondence will be completed via the preferred methods listed on the attached NOO for each Tribe. Copies of the TCNS documentation have been attached. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 From: towernotifyinfo@fcc.gov Sent: Monday,May 13, 2019 3:04 PM To: mattdepalma@acerassociates.com Subject: Proposed Tower Structure Info--Email ID#6287748 Dear Matthew J DePalma, Thant{you for submitting a notification regarding your proposed construction via the Tower Construction Notification System.Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received. 05/13/2019 Notification ID: 185754 Tower Owner Individual or Entity Name: Acer Associate Consultant Name: Street Address: 1012 Industrial Drive City: West Berlin State:NEW JERSEY Zip Code: 08091 Phone: 856-809-1202 Email:mattdepalma@acerassociates.corn Structure Type:MTOWER-Monopole Latitude: 39 deg 17 min 4.4 sec N Longitude: 78 deg 23 min 5.1 sec W Location Description: 141. Fairview Road City: Gore State: VIRGINIA County:FREDERICK Detailed Description of Project:Frog Eye - new tower site build Ground Elevation: 335.4 meters Support Structure: 59.4 meters above ground level Overall Structure: 61.3 meters above ground level Overall Height AMSL: 396.7 meters above mean sea level Proposed Tower Structure Info-Email ID#6287748.txt[6/9/2019 7:42:20 PM] From: towernotifyinfo@fcc.gov Sent: Friday,May 17, 2019 3:02 AM To: mattdepaltna@acerassociates.com Cc: tcnsweekly@fcc.gov fcc.gov Subject: NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION-Email ID#6289299 Dear Applicant: Thank you for using the Federal Communications Commission's (FCC)Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS,which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VILA of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-rceognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"),Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts,the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission(NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below,unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The notification that you provided was forwarded to the following Tribal Nations and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If, upon receipt,the Tribal Nation or NHO does not respond within a reasonable time,you should make a reasonable effort at follow-up contact,unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section iV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry,or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission(NPA, Section IV.G). These procedures are further set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1.Attorney Montana&Associates LLC-Crow Creek Sioux Tribe-N12923 N Prairie Rd Osseo, WI -CCSTFCCTCNS@outlook.com - 605-881-1227(ext: 1)-electronic mail 2. THPO Officer Garrie Kills a Hundred-Flandreau Santee Sioux Tribe-603 W. Broad Avenue (PO Box: 283)Flandreau, SD-garrie.kilisahundred@FSST.org- 605-997-3891 (ext: 1240)-electronic mail and regular mail NOTICE OF ORGANIZATIONS).txt[6/9/2019 7:42:27 PM] 3. Cultural Resources Director Kim Penrod -Delaware Nation-31064 State Highway 281 (PO Box: 825)Anadarko, OK-kpenrod@delawarenation.com-405-247-2448 -electronic mail and regular mail 4. TCNS Rep Bryan Printup-Tuscarora Nation- 5226 Waimore Rd Via:Lewiston,NY- bprintup@hetf.org -716-264-6011 (ext: 103) -electronic mail If the applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification.through TCNS,the Tuscarora Nation has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however,must immediately notify the Tuscarora Nation in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 5. THPO Noah C White III-Prairie Island Indian Community- 5536 Sturgeon Lake Road Welch, MN-celltower@piic.org- 651-385-4175 -electronic mail If the applicant/tower builder receives no response from the Prairie Island Indian Community within 30 days after notification through TCNS,the Prairie Island Indian Community has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however,must immediately notify the Prairie Island Indian Community in the event archaeological properties or human remains are discovered during construction., consistent with.Section IX of the Nationwide Programmatic Agreement and applicable Iaw. 6. THPO Edith Leoso-Bad River Band of Lake Superior Tribe of Chippewa Indians - (PO Box: 39) Odanah, WI-thpo@badriver-nsn.gov;THPOAsst@badriver-nsn.gov- 715-682-7123 -electronic mail If the applicant/tower builder receives no response from the Bad River Band of Lake Superior Tribe of Chippewa Indians within 30 days after notification through TCNS,the Bad River Band of Lake Superior Tribe of Chippewa Indians has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however,must immediately notify the Bad River Band of Lake Superior Tribe of Chippewa Indians in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 7. Gwen Terrapin-Cherokee Nation- (PO Box: 948)Tahlequah, OK- historicpreservation[7a cherokee.org; gwen-terrapin@cherokee.org-918-772-4165 - electronic mail Exclusions:Please email all review documents for FCC Form 6201621 (i.e. archeologist report,photos, NOTICE OF ORGANIZA'nON(S).ba[6/9/2019 7:42.27 PM] SHPO response, etc.)to historicpreservation@cherokee.org or gwen-terrapin@cherokee.org. You may also mail a cover letter and a CD or flash drive containing the review documents and FCC forms to: Cherokee Nation: Attn: Gwen Terrapin, PO Box 948, Tahlequah, OK 74465. Should you have any questions,please do not hesitate to email or call 918.772.4165. Wado, Cherokee Nation 8. Cell Tower Coordinator Kelly Nelson- Eastern Shawnee Tribe of Oklahoma- 70500 East 128 Road Wyandotte, OK-celltower@estoo,net-918-666-2435 (ext: 1861) -regular mail Exclusions:DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened. Submit one printed color copy by US postal mail or other parcel carrier of all documentation to; Eastern Shawnee Tribe Attn. Cell Tower Program 70500 E. 128 Rd. Wyandotte, OK 74370 Provide a I-page cover letter with the following information: a. TCNS Number b. Company Name c. Project Name, City, County, State d. Project type e. Project coordinates f. Contact information The Eastern Shawnee Procedures document is available and highly recommended for guidance; send an email to celltower@estoo.net requesting our most current copy. 9. THPO Kim Jumper- Shawnee Tribe -29 South 69A Highway Miami, OK- kimjumper@shawnee-tribe.com-918-542-2441 -regular mail 10. THPO and Executive Director Dr. Wenonah G Haire -Catawba Indian Nation- 1536 Torn Steven Road CIN-THPO Rock Hill, SC-wenonahh@ccpperafts.com- 803-328-2427(ext:224) regular mail Exclusions:Please do not email documentation; it will be deleted without being opened. Mail one printed color copy of all documentation to address: Dr. Wenonah G. Haire Tribal Historic Preservation Office 1536 Tom Steven Road NOTICE OF ORGA'1,UATION(S).txt[6/9/2019 7:42:27 PM] Rock Hill, SC 29730 Please submit by US Postal mail or other parcel carrier complete information for all telecommunication projects: 1. Please provide 1 page cover Ietter with following information a.TCNS Number b. Company Name c.Project Name, City, County, State d. Project Type e.Project coordinates F Contact information 2. We also request photographs of project area,previous land use history and copy of SHPO Letter. If you have any questions about our process or timeline of project notifications you can email Caitlin Rogers at Caitlinh@ccpperafts.com 11. Program Manager Ellen Chapman- Cultural Heritage Partners- 1811 East Grace St Suite A Richmond,VA- ellen@culturalheritagepartners.com; rapn8n@gmail.com-434-327-6663 -electronic mail 12. Dept of Cultural Preservation Dean Branham- Monacan Nation- (PO Box: 1136)Madison Heights, VA-Mnation538@aol.com-434-946-0389 -electronic mail 13. Chief Stephen Adkins - Chickahominy Indian Tribe-7240 Adkins Road Charles City, VA - stephenradkins@aol.com -804-829-5548 - electronic mail 14. Chief W.Frank Adams The Upper Mattaponi Indian Tribe- (PO Box: 184)King William, VA- wfrankadams@verizon.net- 804-690-1694 -electronic mail 15. Chief Lee Lockamy -Nansemond Indian Tribe-5005 Mosey Way Virginia Beach,VA- Samflyiingeagle48@yahoo.com- 757-407-4825 -electronic mail The notification that you provided was also forwarded to the following.SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction,you must provide the NOTTCE OF ORGANIZATION(5).txt[6/9/2019 7:42:27 PMl SHPO of the State in which you propose to construct(or the Tribal Historic Preservation Officer,if the project will be located on certain Tribal lands),with a Submission Packet pursuant to Section VILA of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA. 16.Environmental Review Coordinator Renee GledhillEarley-NC State Historic Preservation Office-4617 Mail Service Center Raleigh,NC -renee.gledhill-earley@ncmail.net-919-733-4763 - electronic mail 17.Deputy SHPO David Brook- Historic Preservation Office -4610 Mail Service Center Raleigh, NC -david.brook@nemail.net- 919-8077283 -electronic mail 18. Manager- Office of Review& CompIiance Ethel R Eaton PhD -Department of Historic Resources -2801 Kensington Avenue Richmond, VA- ethel.eaton@dhr.virginia.gov- 804-367-2323 - electronic mail 19. Deputy SHPO Susan M Pierce - West Virginia Division of Culture&History, Historic Preservation Office- 1900 Kanawha Boulevard East Charleston, WV- susan.pierce@wvculture.org- 304- 558-0240 -electronic mail and regular mail 20.Deputy SHPO Susan Pierce- West Virginia Division of Culture&History,Historic Preservation Office- 1901 Kanawha Boulevard East Charleston, WV- susan.pierce@wvculture.org- -- - electronic mail 21. Director Julie Langan-Virginia Department of Historic Resources-2801 Kensington Avenue Richmond, VA- VASHPO—FCC@dhr.virginia.gov- 804-367-2323 -electronic mail TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal for PTC wayside poles falls within a designated exclusion,you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities(for example, a statement that it does not review collocations with no ground disturbance, or that indicates that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have NoTiCE OF ORGANIZATION(S)Axt[6/9/2019 7:42:27 PM1 opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid,please contact the FCC by emailing tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the person(s)listed above: Notification Received: 05/13/2019 Notification ID. 185754 Excluded from SHPO Review:No Tower Owner Individual or Entity Name:Acer Associate Consultant Name: Street Address: 1012 Industrial Drive City: West Berlin State:NEW JERSEY Zip Code: 08091 Phone: 856-809-1202 Email: mattdepahna@acerassociates.com Structure Type:MTOWER-Monopole Latitude: 39 deg 17 min 4.4 sec N Longitude: 78 deg 23 min 5.1 sec W Location Description: 141 Fairview Road City:Gore State: VIRGINIA. County: FREDERICK Detailed Description of Project: Frog Eye -new tower site build Ground Elevation: 335.4 meters Support Structure: 59.4 meters above ground level Overall Structure: 61.3 meters above ground level Overall Height AMSL: 396.7 meters above mean sea Ievel If you have any questions or comments regarding this notice,please contact the FCC using the electronic Help Request form located on the FCC's website at: https://www.fcc.gov/wireless/available-support-services You may also call the FCC Support Center at(877)480-3201 (TTY 717-338-2824). Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday(except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission NOTICE OF ORGANIZATION(5).txtL&W2019 7:42:27 PM] NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 ATTACHMENT 7. HISTORIC PROPERTIES IDENTIFIED IN THE APE FOR DIRECT EFFECTS a. Properties Identified in the APE for Direct Effects Acer Associates, LLC conducted a search of the Virginia Department of Historic Resources (VDHR) Virginia Cultural Resource Information System (V-CRIS) database for sites located within the APE which are listed and/or eligible to be listed on the National Register of Historic Places. A review of these sources revealed no (0) listed or eligible to be listed historic properties were located within the APE radius for direct effects. b. Properties Not Listed in Attachment Fa, that the Applicant Considers to be Eligible For Listing in the National Register as a Result of the Applicant's Research No (0) additional historic properties were identified within the APE for direct effects. C. Techniques and Methodology Used to Identify Historic Properties within the APE for Direct Effects For identification of historic structures, Acer Associates, LLC conducted a search of the Virginia Department of Historic Resources (VDHR) Virginia Cultural Resource Information System (V-CRIS) database for sites located within the APE which were listed and/or eligible to be listed on the National Register of Historic Places. For identification of potential archaeological resources, ACER conducted a Phase I archaeological investigation. The techniques and methodology used are detailed in the following Phase I archaeological investigation report. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: .20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Phase I Archaeological Survey Introduction This report presents the findings of a Phase I archaeological investigation for the proposed BDN Parity NSB Frog Eye Sirbaugh cell tower and gravel access road construction project (Site ID 4124; FA 10 138153) located in Gainesboro District, Frederick County, Virginia. This report was prepared by Apogee, Inc. for AT&T under the provisions of the National Historic Preservation Act of 1966 (as amended) and the National Environmental Policy Act of 1969. The location of the proposed facility is accessed via Fairview Road (State Route 733), Frederick County, Virginia (Figure 1) at NAD 83 N 39° 17' 04.35", W 78° 23' 05.06". A 195-foot high monopole tower will be constructed within a 50-foot by 50-foot lease area and within a fenced compound (Figure 2). Access will be via a newly constructed 10-foot wide gravel access road from Fairview Road (Figure 3). The tower site is currently located within a wooded bench while the majority of the access road is located within a fallow agricultural field (Figure 4). Scope of Work Background research and file searches were undertaken via the interactive map on the Virginia State Historic Preservation Office Cultural Resources Information System website. Additional secondary research was undertaken via historic topographic quadrangles and atlases. Research focused on identifying known and potential archaeological resources that might exist within 0.75 miles of the project area. Archaeological field testing in the form of shovel tests and pedestrian survey were recommended. Cultural Context This literature review summarizes the prehistory and history of Virginia and Frederick County. It provides details on the six major time periods documented by DHR; Early Hunters, Dispersed Foragers, Sedentary Foragers, Farmers, European Contact and Historic Period. Early Hunters Poleoindon Period (co. 15000 to 8000 B.C.) This period marks the end of the glacial in the late Pleistocene Period and the transition into the Holocene Period in Virginia (Custer 1990). Due to the cool temperatures, the Paleoindian Period is marked by a mobile, hunting and gathering adaptation, known primarily as big game Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 hunters of now-e/tinct megafauna. The Paleoindian tool kit is heavily defined by chipped stone fluted points of local material, which focused on procurement and processing of megafauna (Custer 1990). During this almost six thousand years long period, there is a consistent settlement practice of small familial bands following alongside game movements. A very small number of Paleoindian sites have been encountered in modern day Virginia. One consideration for the area is the use of overhangs as shelter as well as temporary camps (Custer 1990). Early Archaic (8000 to 6000 B.C.) The Early Archaic period marks a shift in the types of lithic points that were produced as well as a drastic shift in environment. The once cool temperatures receded, and were replaced by a warm and dry climate. The melting glaciers eroded much of the Appalachian area, significantly altering the places of habitation. The hunting lifestyle shifted to include gathering of fruit and nuts, and the extinction of megafauna led to the hunting of smaller game, for which a smaller toolkit became necessary (Custer 1990) Dispersed Foragers Middle Archaic Period (6000 to 2500 B.C.) As populations responded to the dramatic changes to the plant and animal communities of the early Holocene, small mobile groups developed a more diversified subsistence strategy. As a result, the Archaic tool kit also diversifies. More plant processing tools are encountered, including grinding stones, mortars and pestles. Another shift includes increase in group size, but the locational pattern stays relatively the same. There are a limited number of Archaic sites located in Virginia (Custer 1990, Egloff and Woodward 1992). SedentaryForagers Late Archaic, Early and Middle Woodland Period (2.500 B.0 to 900 A.D.) The Woodland Period correlates to a pronounced warm and dry period in the region, where this climatic alteration with increasing sea levels create extensive brackish marshes along the coast. In addition to the dramatic climatic changes, Woodland settlements become larger and start to congregate along major river floodplains and estuaries, and the construction of homes correlates with a sedentary life-style. With an overall tendency of increases in population densities, there is an increased efficient utilization of horticulture. The Woodland tool kit continues to utilize chipped stone tools and plant processing tools like in the Archaic, but now starts to incorporate non-local lithic raw materials that indicate larger interaction spheres. Due Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 to increased success in food production and incorporation of storage containers, such as ceramics, there is corresponding proliferation in social develop and the beginnings of ranked societies around 1200 B.C. In southwestern Virginia, this period is the most common type of archaeological sites encountered. The Late Archaic and Early and Middle Woodland Periods often correspond with the appearance of agricultural practices and large-scale villages this increased density allowed for larger base camps and seasonal camps, which lent for more fissioning of large groups versus additional proliferation of social complexity. This period may be characterized by rock shelter and small camp sites (Egloff and Woodward 1992, VP 2018) Farmers Late Woodland (A.D. 900 to /600) The Late Woodland period is characterized by large villages with incredibly organized social, economic and political structures, as such, the material culture expanded immensely to include a wide variety of pottery, lithic and bone tools, even jewelry made from shell and copper. Burial practices became more elaborate, and different areas began developing distinct identities. In southwestern Virginia the main cultures were a mix of local tribes and the Mississippian culture. Farming became a main source of food, with the three main crops being beans, corn, and squash. Site types for this period include large settlements, burial mounds, and camps (Egloff and Woodward 1992). Historic Period This section summarizes the history of Frederick County, Virginia. Frederick County is located in north-western Virginia within the Shenandoah Valley between the Blue Ridge Mountains and the Allegheny Mountains. Its land area is 416 square miles, and its estimated 2010 population was 78,305. Frederick County was formed in 1743 with Winchester established as the county seat. The county was created from portions of Orange County and was named after Frederick Louis, Prince of Wales and eldest son of King George 11 of Great Britain. Early Settlement Rapid settlement of Frederick County can be traced back to the mid-18th century with the rapid decline of Native American populations in the area. By the 1790s, population levels had reached upwards of 19,500 citizens. Early settlement was primarily Englishmen who entered the area from the Piedmont region followed closely by Germans and Scotch-Irish settlers who traveled south from Pennsylvania. The settlement pattern of the late 18th and early 19th century was typified by small family farms. Wheat and cattle production were central to the economy of Frederick County during this time (FCVA 2019a). Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Nineteenth Century By the time of the Civil War, the county had shrunk to 16, 500 residents. As the Shenandoah Valley was to become known as the breadbasket of the Confederacy, residents' loyalties were firmly aligned with the South throughout the war. Located within the northern portion of the Shenandoah Valley, citizens of Frederick County supplied southern armies with soldiers, horses, food, and livestock. Several Civil War battles occurred within the valley due to its proximity to Washington D.C. and other nearby strategic locations. Over the course of the war, the town of Winchester changed hands from Union to Confederate and back again more than 70 times. The Shenandoah Valley was left desolate after Sheridan's troops burned all their resources in 1864 (FCVA 2019a). Twentieth Century The population steadily declined in the early 20`h century. In 1890, there were 17,900 people within the county, but through the 1920s the population decreased to 12,400 people. It was the post-World War 11 boom that really saw a spike in population growth; 17,537 in 1950, 59,209 in 2000, and 78,200 in 2010. As the population continues to grow, industries such as Kraft Foods, Rubbermaid Commercial Products, Thermo Fisher Scientific, and FEMA thrive (FCVA 2019b). Results Previous Research A review of the Virginia Cultural Resource Information System via the Virginia State Preservation Office website identified two (2) previous archaeological studies, one (1) archaeological site, and eleven (1 1) historic resources within a 0.75-mile radius of the project area (Table 1). No resources were located within or adjacent to the current project area. Table I: Previously recorded cultural resources located within a 0.75-mile radius of BDN Parity NSB Frog Eye Sirbaugh. Resource No. Cultural Period Name!Site Type NRHP Evaluation 034-1515 Historic: 1899 Fairview Lutheran Church Not Evaluated 034-1516 Historic:c. f800 B.F.White House Not Evaluated 034.0170 Historic:c. 1845 George Parrish House The Primary Resource is no longer extant. 034-0171 Historic:c. 1790 5.1.Smith House Not Evaluated 034-0482 Historic:c. 1870 Forton Log House Not Evaluated Applicant's!Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Resource No. Cultural Period Namel Site Type NRHP Evaluation 034-0483 Historic:c. 1880 J.R.Lewis Farm Not Evaluated 034-5091 Historic;c. 1950 Garage Not Eligible 034-5092 Historic:c. 1930 House Not Eligible 034-5093 Historic:c. 1930 House Not Eligible 034-5094 Historic:c. 1130 House Not Eligible 034-5095 Historic:c. 1840 House Not Eligible 44FK0696 Prehistoric;Paleo-Indian;Early,Middle,and Lithic Scatter Potentially Eligible Late Archaic;Early,Middle,and Late Woodland Environmental Setting The general area falls within the Middle Section, Valley and Ridge physiographic province of the Appalachian Mountain Region of western Virginia. The Valley and Ridge Province is composed of Early Paleozoic sedimentary rocks forming synclines and anticlines that run southwest to northeast between the Appalachian Plateau Province to the west and the Blue Ridge Province to the east (NPS 2018). The project area specifically lies atop the Chemung Formation/ Foreknobs Formation, a Devonian aged sedimentary bedrock primarily composed of shale, mudstone, and sandstone with minor components of conglomerates (USGS 2019; VDMR 1993). The project area is situated approximately 200 ft to the east of Nixon Run, which flows southeast and meets the southern branch of Isaacs Creek another 0.70 miles south of the project area. Isaacs Creek flows into Back Creek approximately 8 miles to the east of the project area northeast of the City of Gainesboro. Since the last glacial maximum episode of the Pleistocene Epoch and the arrival of humans in North America, there have been significant oscillations in regional climate that have affected the occupation and settlement patterns of prehistoric peoples. During the last glacial maximum, mixed conifer/northern hardwood forest was prevalent throughout much of the continent. This forest type contained hemlocks, pines, spruces, firs, oaks, birches, elms, ashes, ironwood, maples and beeches (Grayson and Meltzer 2003). However, as temperatures warmed and glaciers retreated during the Late Pleistocene, there was a general change from boreal forest towards mixed conifer/northern hardwood forest (Anderson 2001). During the Terminal Pleistocene around 10,900 B.C., a rapid shift towards glacial conditions occurred throughout the northern hemisphere. This abrupt cooling event, called the Younger Dryas Cold Episode, quickly heralded the extinction of mega-fauna in the Americas (Anderson 2001). The Early Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Holocene Climatic Episode, starting at approximately 9,300 B.C., began a period of rapid warming with the proliferation of mesio deciduous woodlands in North America (Anderson 2001). The mid-Holocene interval, also referred to as the Hypsithermal Climatic Episode, began around 7,000 B.C. This period brought about conditions that were generally dryer and warmer than present day. This drier weather resulted in more prairie vegetation and greater local climatic variability (Anderson 2001). During the Hypsithermal Climatic Episode, prairie grasses and vegetation including xeric oak and hickory species typified the local floral assemblage (Grayson and Meltzer 2003). The date Holocene Climatic Episode, beginning at approximately 3,000 B.C., heralded a climate similar to our present-day condition with modern deciduous forests (Anderson 2001). According to the United States Department of Agriculture (USDA) Web Soil Survey, is one (1) dominant soil type identified within the project area: Welkert-Berks channery silt foams (41 C) located on slopes ranging from eight (8) to 15 percent Welkert-Berks channery silt foams have no potential to contain deeply buried deposits (USDA 2019). Archival Research and Historic Site Potential A review of three (3) historic USGS topographic quadrangle maps was completed prior to fieldwork in an attempt to identify any potential historic properties located within the direct APE. According to the Winchester, WV (1894) USGS 30-minute topographic quadrangle, Capon Bridge, WV (1937) 15-minute topographic quadrangle, and the Capon Bridge, WV (1965) 7.5-minute topographic quadrangle, there are no historic buildings or mining features directly impacted by the BDN Parity NSB Frog Eye Sirbaugh project; however, both the 1937 and 1965 Capon, WV topographic quadrangles show a property adjacent to the project area (Figure S). Aerial photographs show this property was changed dramatically in 2005. Field Research Proposed archaeological field testing for this project consisted of a series of shovel tests across the lease area and access road, as well as a pedestrian visual inspection of the lease area and access road (Figures 6 through 13). Proposed shovel tests were to be dug across the 50-ft by 50-ft lease area and along the 10-ft by 630-ft gravel access road area at 50-foot intervals. A shovel test was also placed within the tower center location. Tests were dug in stratigraphic layers and all soil was screened through 1/4 inch mesh hardware cloth. Excavation continued into sterile subsoil. The project area along the majority of the proposed gravel access road was located within a fallow agricultural field while the remainder of the project area was located within mixed deciduous woodlands. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Disturbances noted within the project boundaries consisted of two (2) agricultural ditches; however, these ditches did not impact the proposed shovel testing. Slope greater than 15 percent was noted within the project area impacted the proposed shovel testing. A total of ten (10) shovel tests were excavated within the boundaries of the project area. There were two (2) typical shovel test soil profiles. One consisted of 17 to 19 cm of brown (IOYR 412) silt loam with cobbles over yellowish brown (IOYR 518) clay loam subsoil with cobbles (Figure 14). Some profiles terminated in a rock impasse. The second typical soil profile consisted of 10 to 80 cm of grey brown (10YR 5/2) silt clay loam over a rock impasse. No cultural material was recovered. A pedestrian visual inspection of the lease area and access road. No cultural material was recovered and no cultural surface features were discovered. No artifacts were recovered from any of the shovel tests or pedestrian survey. No cultural features were identified. The negative results from the shovel tests confirms that this location does not possess an archaeological site. Conclusion Archaeological field testing confirmed that this location does not contain an archaeological site. It is concluded that this project will have no effect on archaeological resources and no additional archaeological work is recommended. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog 'Fye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 References Cited Anderson, David G. 2001 Climate and Culture Change in Prehistoric and Early Historic Eastern North America. Archaeology of Eastern North America 29: 143-1186. Custer,Jay 1990 "Early and Middle Archaic Cultures of Virginia: Culture Change and Continuity" In Early and Middle Archaic Research in Virginia: A Synthesis edited by Theodore R. Reinhart and Mary Ellen N. Hodges. Archaeological Society of Virginia: Richmond. 22: 1-41. Egloff, K. and Woodward, D- 1992 First People: The Early Indians of Virginia.Virginia Department of Historic Resources: Richmond. Frederick County Virginia 2019a History of Frederic County. Electronic document, https:16vww.fcva.us/visitthisto -of- frederick-counri, accessed May 2019. 2019b Economic Development Authority. Electronic document, https://www.fcva.us/departments/economic-development-authority, accessed May 2019. Grayson, Donald K.,and David J. Meltzer 2003 A Requiem for North American Overkill. Journal of Archaeological Science 30:585-593. National Park Service 2018 Valley and Ridge Province.Series. Physiographic Provinces. Electronic document, https://www.nps.gov/articles/valleyandridgeprovince.htm, accessed October 2018. United States Department.of Agriculture 2019 Web Soil Survey. Electronic Document, http://websoilsurvey.nres.usda. gov/app/WebSoilSurvey.aspx, accessed May 2019. United States Geologic Survey 2019 Virginia Geologic Map Data. Electronic document, httpsJ/mrdata.usgs gov/geology/state/state.php?state-VA, accessed May 2019. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019 NT SUBMISSION PACKET — FCC FORM 620 Approved by OMB 3060-1039 Virginia Department of Historic Resources 2019 Virginia Cultural Resource Information System. Electronic document, https://vcris.dhr.virginia.govlvcris/, accessed May 2019. Virginia Division of Mineral Resources 1993 Geologic Map of Virginia. Virginia Division of Mineral Resources. Virginia Places 2018 Woodland Indians in Virginia. Electronic Document. http://www.virginiaplaces.org/nativeamerican/woodlandindians.html, accessed October 2018. Applicant's Name: ROCON LLC Project Name: ROCON LLC Frog Eye Project Number: 20190947 FCC Form 620 May 2019