HomeMy WebLinkAboutPCAgenda2024February211.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Committee Reports
4.Citizen Comments
5.Public Hearings
5.A.Ordinance Amendment to the Frederick County Code - Home & Cottage
Occupations - (Mr. Klein)
Revision to the Frederick County Zoning Ordinance, Chapter 165 to amend definitions
and regulations for home occupations and cottage occupations.
5.B.Ordinance Amendment to the Frederick County Code - Accessory
Dwellings, Master Development Plans, & Definitions - (Mr. Klein)
Revision to the Frederick County Zoning Ordinance, Chapter 165 to amend definitions;
to amend supplementary use requirements for accessory dwellings; to amend setback
and yard requirements for the EM (Extractive Manufacturing) Zoning District; and to
amend development plans and approvals for Master Development Plans (MDPs).
5.C.Ordinance Amendment to the Frederick County Code -
Telecommunication Facilities - (Mr. Klein)
Revision to the Frederick County Zoning Ordinance, Chapter 165 to modify the
supplementary use regulations for commercial telecommunication facilities.
AGENDA
PLANNING COMMISSION
WEDNESDAY, FEBRUARY 21, 2024
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC02-21-24OA_Home&CottageOccupations.pdf
PC02-21-24OA_AccessoryDwellings_MDPs_Other.pdf
PC02-21-24OA_TelecommunicationFacilities.pdf
1
5.D.Conditional Use Permit #06-23 for Diamond Communications, LLC. (I-81
Mini Storage LLC) - (Mr. Cheran)
Submitted to construct a 135' tall monopole-type commercial telecommunication tower.
The property is located at 127 Mercedes Court, Winchester, Virginia and is identified
with Property Identification Number 43-A-52 in the Stonewall Magisterial District.
5.E.Conditional Use Permit #07-23 for Diamond Communications, LLC. (RLC
Management, Inc.) - (Mr. Cheran)
Submitted to construct a 185' tall monopole-type commercial telecommunication tower.
The property is located at 178 Rivendell Court, Winchester, Virginia and is identified
with Property Identification Number 42-A-198N in the Stonewall Magisterial District.
6.Information/Discussion
6.A.2024-2029 Capital Improvement Plan (CIP) - (Mr. Pearson)
2024-2029 Capital Improvement Plan (CIP)
7.Other
7.A.Current Planning Applications
8.Adjourn
PC02-21-24CUP06-23_Redacted.pdf
PC02-21-24CUP06-23NEPA_Assessment.pdf
PC02-21-24CUP07-23_Redacted.pdf
PC02-21-24CUP07-23NEPA_ Assessment.pdf
PC02-21-24_2024-2029CapitalImprovementPlan_Draft.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Public Hearings
Title: Ordinance Amendment to the Frederick County Code - Home & Cottage
Occupations - (Mr. Klein)
Attachments:
PC02-21-24OA_Home&CottageOccupations.pdf
3
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Planning and Development Staff
SUBJECT: Ordinance Amendments – Home Occupations and Cottage Occupations.
DATE: February 5, 2024
Proposal & Current Standard:
The following changes are proposed by Planning and Development Department staff to Chapter
165-Zoning Ordinance.
1) Home Occupation and Cottage Occupation:
This is a proposal to amend regulations for “home occupations” and “cottage occupations” to
address stated concerns from Board members, the Planning Commission, and the public about
operating a home or cottage occupation. Specifically, the proposal would modify where the use
may be conducted on the property, the total number of employees and customers allowed for each
use and clarify allowances for commercial vehicles associated with a home or cottage occupation.
Staff would note that for businesses where the intensity of the use exceeds the threshold
enabled by home or cottage occupations, as allowed, that business owner may a) rezone their
property to a compatible zoning district, if consistent with adopted County land use plan
policies; or b) relocate the business to a property with the appropriate zoning district. Home
and cottage occupations are enabled to foster small businesses and business incubation and
growth. In certain cases, a desired home-based business, based on the nature of use and
intensity, may not be appropriate for a home or cottage occupation setting.
Current Standard: The Zoning Ordinance defines “home occupations” as an occupation or
profession customarily carried out fully within a dwelling unit, with no employees (expect those
residing on the premise) and limited to less than five (5) customers per day. Home occupations are
a by-right use in the RP (Residential Performance), R4 (Residential Planned Community), R5
(Residential Recreational Community), MH1 (Mobile Home Community), and RA (Rural Areas)
Zoning Districts.
The Zoning Ordinance defines “cottage occupations” as an occupation or profession customarily
carried out within a dwelling unit or an accessory building/structure, with no more than one (1)
employee (expect those residing on the premise) and serving (5) or more customers per day.
Cottage occupations are a conditional use in the RP (Residential Performance), R4 (Residential
Planned Community), R5 (Residential Recreational Community), MH1 (Mobile Home
Community), and RA (Rural Areas) Zoning Districts requiring an approved conditional use permit.
4
OA – Ordinance Amendments – Home Occupation and Cottage Occupations
February 5, 2024
Page 2
Requested Action:
Following a public hearing, staff is seeking a recommendation to forward to the Board of
Supervisors on this proposed ordinance amendment.
MTK/pd
Attachment: 1. Proposed Changes – Home Occupations and Cottage Occupations
5
Proposed Changes – Home & Cottage Occupations
Revised December 19, 2023
Chapter 165 – Zoning Ordinance
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CODNTIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02 Definitions and word usage.
Cottage Occupation
An occupation or profession customarily carried on in a dwelling unit or an accessory building, which:
A. Actually is carried on wholly within the principal residential building or an accessory building or
structure;
B. Is carried on by no more than one person other than members of the family residing on the
premises;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Serves more than five customers per day..
Home Occupation
An occupation or profession customarily carried on in a dwelling unit, which:. In the RA (Rural Areas)
Zoning District a home occupation may be carried on in an accessory building or structure.
A. Actually is carried on wholly within the principle building or structure;
B. Is carried on by members of the household residing on the premises;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the home
occupation or variation from the residential character of the principle building and neighborhood;
D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or
congestion and does not adversely affect the surrounding properties;
E. Requires no internal or external alterations or construction features or equipment or machinery
not customary in residential areas; and
F. Serves no more than five customers per day..
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR
SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§165-204.36 Home Occupations
Where permitted, home occupations shall meet the following requirements:
6
Proposed Changes – Home & Cottage Occupations
Revised December 19, 2023
A. All or part of the business, such as a home office, is conducted within the principleprincipal
building or structure, In the RA (Rural Areas) Zoning District a home occupation may be carried
on in an accessory building or structure.
B. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the occupation or
variation from the residential character of the principal building and neighborhood.
C. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or
congestion and does not adversely affect the surrounding properties.
D. No more than five people, not residing on the premises, are permitted per day including
customers and/or employees.
E. One commercial vehicle is allowed as defined in §165-101.02.
§165-204. 37 Cottage Occupations
Where permitted, cottage occupations shall meet the following requirements:
A. All or part of the business, such as a home office, is conducted within the principle residential
building or an accessory building or structure.
B. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the occupation or
variation from the residential character of the principal building and neighborhood.
C. Allows for up to 10 people, not residing on the premises, including customers and/or employees
per day.
D. theOne or more commercial vehicles are allowed as defined in §165-101.02.
7
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Public Hearings
Title: Ordinance Amendment to the Frederick County Code - Accessory Dwellings,
Master Development Plans, & Definitions - (Mr. Klein)
Attachments:
PC02-21-24OA_AccessoryDwellings_MDPs_Other.pdf
8
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Planning and Development Staff
SUBJECT: Ordinance Amendments –Accessory Dwellings, Master Development Plans &
Definitions
DATE: February 5, 2024
Proposal & Current Standard:
The following changes are proposed by Planning and Development Department staff to Chapter
165-Zoning Ordinance. These items are not mutually exclusive but are summarized here as a
package of minor amendments.
1) Accessory Dwellings:
This is a proposal to amend the “Secondary or accessory uses” section (§165-201.05) to establish
a minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross
floor area, whichever is greater. The 500 SF minimum square footage was derived from consulting
with Building Inspections staff and the Virginia Uniform Statewide Building Code (USBC) to
determine the minimum habitable space required to include a kitchen (~18 SF), living space (~120
SF), bathroom (~40 SF), and two (2) bedrooms (~100 SF each). Note: these are “minimums”
established in the building code only.
Current Standard: The Zoning Ordinance currently permits accessory dwellings as no more than
25% of the gross floor area of the primary residential structure on the lot. For example, a 1,500
GSF single-family home would be allowed to have an accessory dwelling of only 375 SF. This
potentially limits the ability of property owners to create an accessory dwelling with desirable
habitable space that fulfills all building code requirements.
Staff Note: During the Board of Supervisors discussion on November 8, 2023, a question was
posed to staff regarding having an accessory structure with two bedrooms, where the square
footage would be in excess of what is permitted through “accessory dwellings” allowance.
Staff would clarify this allowance is already enabled under §165-204.27 (Temporary family
health care structures). As stated in the ordinance, a “temporary family health care
structure shall be permitted for use by a caregiver in providing care for a mentally or
physically impaired person on property owned or occupied by the caregiver as his residence
as a permitted accessory use.”
2) Master Development Plans:
This is a proposal to clean up Part 801 of the Zoning Ordinance to reflect the County’s adopted
submission procedures for Master Development Plans (MDP) and to remove remaining references
9
OA – Ordinance Amendments – Accessory Dwellings, MDP’s and Definitions
February 5, 2024
Page 2
to public meetings requirements prior to MDP approval.
Current Standard: The Master Development Plans (MDP) section (§165-801) was amended in
October 2021 to remove public meeting requirements from the MDP review and approval
requirements. §165-801.06(A) and §165-801.08 still contain references to public meeting
requirements and should be amended for consistency throughout the section.
3) Other Minor Amendments (multiple):
This is a proposal to amend §165-101.02 (Definitions) to remove language that does not conform
to state and federal definitions for “intellectually or developmentally disabled persons.” A separate
proposal updates word usage where “principle” is used incorrectly (§165-608.05) instead of
“principal” when referring to a primary structure.
Current Standard: The current Zoning Ordinance contains incorrect terminology and requires
minor changes to word usage.
Requested Action:
Following a public hearing, staff is seeking a recommendation to forward to the Board of
Supervisors on this proposed ordinance amendment.
MTK/pd
Attachments: 1. Proposed Changes – Accessory Dwellings
2.Proposed Changes – Master Development Plans
3.Proposed Changes – Other (Minor) Amendments
10
Proposed Changes – Accessory Dwellings
Drafted April 25, 2023
Chapter 165 – Zoning Ordinance
ARTICLE II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR
SPECIFIC USES
Part 201 – Supplementary Use Regulations
§165-201.05 Secondary or accessory uses.
When permitted secondary or accessory uses that are normally or typically found in association with the
allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall
meet the requirements of this section as well as any particular standard imposed on such use.
A. Agricultural accessory uses. The selling or processing of agricultural products produced on the
premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms,
temporary or permanent housing for workers actively working on the farm shall be an allowed
accessory use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as
long as the following conditions are met:
1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor
area of the primary residential structure on the lot or a minimum of 500 square feet,
whichever is greater.
2) In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential
Planned Community Districts, accessory dwellings shall only be allowed if they are
attached to the primary residential structure.
3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential
Performance District, R4 Residential Planned Community District and R5 Residential
Recreational Community District.
C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial
use only so long as it is occupied by the owner of the business or industry, an employee or a
watchman.
D. Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light
Industrial District as an accessory or secondary use to any allowed use or group of allowed uses
in an industrial park.
E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is
used for temporary or permanent housing on a bona fide, operating farm.
F. Secondary or accessory uses shall be permitted by right in the B1, B2, B3, TM, M1 and M2
Districts, but only in conjunction with and secondary to a permitted principal use. The square
footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor
area of the related principal use. In the B3, OM, M1 and M2 Districts, no more than 15% of the
gross floor area of the principal use may be used for accessory retail sales, and in no case shall the
11
Proposed Changes – Accessory Dwellings
Drafted April 25, 2023
accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory
retail sales shall be included in calculating the limit of 25% on secondary uses.
12
Proposed Changes – Master Development Plans
Revised August 22, 2023
Chapter 165 – Zoning Ordinance
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 801 – Master Development Plans
§165-801.06 Master development plan submission.
Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and
Development specified by the Department of Planning and Development MDP application, together with
completed application materials required by the Department of Planning and Development.
A. Applicants shall provide approval comments on the proposed development from various review
agencies or departments as required by the Department of Planning and Development. The
submission shall be complete and the application shall commence through the public meeting
process when the plans, application materials and review agency approval comments have been
received by the Director of Planning and Development.
B. A traffic impact analysis (TIA) shall be prepared and submitted to the Department of Planning
and Development with all MDP applications in accordance with the adopted Traffic Impact
Analysis Standards.
C. Site plans or final subdivision plats may be submitted concurrently with preliminary master
development plans for review according to the procedures set forth in this chapter and Chapter
144, Subdivision of Land, of the County Code.
§165-801.08 Changes to approved master development plans.
Changes to an approved MDP shall occur only after review by the Planning Commission Department and
the Board of Supervisors using the procedures required for the approval of a new plan. The Director of
Planning and Development may approve minor changes without following the full procedures, if such
approval does not violate the intent of this chapter and section. Such minor changes shall not include
increases in the density or intensity of development, changes to entrance or street layout, changes to
stormwater layout or other major design changes.
13
Proposed Changes – Changes to Word Usage
Revised August 22, 2023
Chapter 165 – Zoning Ordinance
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02
FAMILY CARE HOME
A residential facility intended primarily for mentally retardedintellectually or developmentally disabled
residents, or residents with emotional or behavioral problems who are provided with a program of
services and protective supervision in a home setting.
GROUP HOME
A residential facility for intellectuallymentally retarded or developmentally disabled persons who may
require personal care and supervision, and who may be considered to be potential candidates for
independent living.
ADULT CARE RESIDENCES
A public or private establishment operated or maintained for the maintenance or care of four or more
adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care
residences do not include facilities or portions of a facility licensed by the State Board of Health or the
Virginia Department of Behavioral Health and Developmental ServicesDepartment of Mental Health,
Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares
for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility
serving infirm or disabled persons between the ages of 18 and 21.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 608 – EM Extractive Manufacturing District
§165-608.05 Setback and yard requirements.
A. Front setback.
1. All principle principal and accessory structures shall be set back 75 feet from any road, street
or highway right-of-way.
2. Excavations shall be no closer than 100 feet from any road, street or highway right-of-way.
The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it
determines that, through the use of measures, such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
14
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Public Hearings
Title: Ordinance Amendment to the Frederick County Code - Telecommunication
Facilities - (Mr. Klein)
Attachments:
PC02-21-24OA_TelecommunicationFacilities.pdf
15
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Telecommunications Facilities, Commercial
DATE: February 5, 2024
Proposal:
This is a proposal to amend the supplementary use regulations for commercial telecommunication
facilities to modify the criteria for a setback waiver by the Board of Supervisors (§165-
204.19(C)(3)(a)).
This ordinance amendment was initiated by a telecommunications provider.
Current Zoning Ordinance Standard:
The Zoning Ordinance §165-204.19(C)(3)(a) specifies: “The Board may reduce the required
setback distance for the wireless facility or wireless support structure as required by § 165-
201.03B(8) of this Code 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 that the wireless facility or wireless
support structure is designed, and will be constructed, in a manner that if the wireless facility or
wireless support structure collapsed the wireless facility or wireless support structure will be
contained in an area around the wireless facility or wireless support structure with a radius equal
to or lesser than the setback, measured from the center line of the base of the wireless facility or
wireless support structure. In no case, shall the setback distance be reduced to less than 1/2 the
distance of the height of the wireless facility or wireless support structure.”
The current commercial telecommunication facilities were comprehensively updated in 2019.
Requested Action:
Following a public hearing, staff is seeking a recommendation to forward to the Board of
Supervisors on this proposed ordinance amendment.
MTK/pd
Attachment: 1. Proposed Changes -– Redline
16
Proposed Changes – Telecommunications Facilities
Revised January 18, 2024
Chapter 165 – Zoning Ordinance
ARTCLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part – 204
Additional Regulations for Specific Uses
§165-204.19 Telecommunication facilities, commercial.
C. Standard process projects.
1. Except as provided in subsection B, no wireless facility or wireless support structure shall be
sited, constructed, or operated except pursuant to a conditional use permit issued through the
process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use
permit for the siting, construction, and operation of a wireless facility is permitted within the
zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-
2232(A), the general location or approximate location, character, and extent of such facilities
are substantially in accord with the adopted Comprehensive Plan or part thereof and that
adjoining properties, surrounding residential properties, land use patterns, scenic areas, and
properties of significant historic value are not negatively impacted. [based on current intro to
County Code § 165-204.19]
2. Any person seeking to install a facility or structure pursuant to this subsection shall make
application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va.
Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the
application, including permits and inspection”)] The application shall be subject to
consideration as follows and include the indicated information:
a. The Board of Supervisors shall approve or disapprove the application within 150 days of
receipt of the complete application by the Zoning Administrator or such shorter period as
required by federal law, unless the applicant and the Board agree to a longer period for
approval or disapproval of the application. Within 10 days after receipt of an application
and a valid electronic mail address for the applicant, the Zoning Administrator shall
notify the applicant by electronic mail whether the application is incomplete and specify
any missing information; otherwise, the application shall be deemed complete. [Va. Code
§ 15.2-2316.4:1(C)]
b. Information to be included with application:
i. A map depicting the search area used in siting the proposed facility or structure
[Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)];
ii. Identification of all service providers and commercial telecommunications
facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based
on current 165-204.19(A)(3)];
17
Proposed Changes – Telecommunications Facilities
Revised January 18, 2024
iii. Confirmation that attempts to co-locate on existing structures have been made
and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2-
2316.4:2(D); based on current 165-204.19(A)(3)];
iv. Documentation issued by the Federal Communications Commission indicating
that the proposed facility is in compliance with the Federal Communications
Commission’s established ANSI/IEEE standards for electromagnetic field levels
and radio frequency radiation [based on current 165-204.19(A)(4)];
v. An affidavit signed by the landowner and by the owner of the facility or structure
stating that they are aware that either or both of them may be held responsible for
the removal of the facility or structure as stated in subsection E [based on current
165-204.19(A)(5)]; and
vi. The applicant may voluntarily submit, and the Board may accept, conditions that
address potential visual or aesthetic effects resulting from the placement of the
facility or structure. [Va. Code § 15.2-2316.4:2(C)]
3. If the Board of Supervisors grants a conditional use permit under this subsection, the
following standards shall then apply to any property on which a wireless facility or wireless
support structure 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:
a. The Board may reduce the required setback distance for the wireless facility or
wireless support structure as required by § 165-201.03(B)(8) of this Code if the
applicant submits sufficient documentation, certified by a registered Virginia
professional engineer, that, in the event of a collapse of the wireless facility or
wireless support structure, the collapsed wireless facility or wireless support structure
will be contained in a fall zone that does not extend into the area of the proposed
reduced setback, measured from the center line of the base of the wireless facility or
wireless support structure. The setback distance shall not be reduced to less than half
the distance of the height of the wireless facility or wireless support structure if the
adjoining property is zoned for residential use or if the principal use of the adjoining
property is a residence.
a. In cases where a reduction in the setback distance is requested and immediate
adjoining property across the common property line is not zoned for residential uses
and/or the present use of the property is not a residence, the Board may reduce the
required setback distance for the wireless facility or wireless support structure as
required by 165-201.03B(8) of this Code if the applicant submits sufficient
documentation, certified by a registered Virginia professional engineer, that, in the
event of a collapse of the wireless facility or wireless support structure, the collapsed
wireless facility or wireless support structure will be contained in a fall zone that
does not extend into the area of the proposed reduced setback, measured from the
center line of the base of the wireless facility or wireless support structure. The
reduced required setback distance under this provision shall not be any less than that
required to accommodate the indicated fall zone.
18
Proposed Changes – Telecommunications Facilities
Revised January 18, 2024
b. Monopole-type construction shall be required for any new wireless facility or
wireless support structure. The Board may allow lattice-type construction when
existing or planned residential areas will not be impacted and when the site is not
adjacent to identified historic resources.
c. No more than two signs shall be permitted on any wireless facility or wireless
support structure. Such signs shall be limited to 1.5 square feet in area and shall be
posted no higher than 10 feet above grade.
d. When lighting is required for a wireless facility or wireless support structure, 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 the
wireless facility or wireless support structure shall utilize infrared lighting and
motion-detector lighting to prevent continuous illumination.
e. Every wireless facility and wireless support structure shall be constructed with
materials of a galvanized finish or be of a non-contrasting blue or gray unless
otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission.
f. Every wireless facility and wireless support structure 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.
[the entirety of the above subsection C(3) is based on current 165-204.19(B)]
4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board
shall:
a. Provide applicant with a written statement of the reasons for the denial [Va. Code §
15.2-2316.4:1(E)(1)];
b. Identify any modifications of which the County is aware that would permit it to
approve the conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and
c. Have supporting substantial record evidence in a written record publicly released
within 30 days of denial [Va. Code § 15.2-2316.4:1(F)(2)].
D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or
structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or
structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-
2316.4:3(A)]
E. Any facility or structure permitted by this section that is not operated or used for a continuous period
of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove
19
Proposed Changes – Telecommunications Facilities
Revised January 18, 2024
same within 90 days of receipt of notice from the Frederick County Department of Planning and
Development. If the facility or structure is not removed within the ninety-day period, the County may
remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6);
based on current County Code § 165-204.19(B)(7)]
20
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #06-23 for Diamond Communications, LLC. (I-81 Mini
Storage LLC) - (Mr. Cheran)
Attachments:
PC02-21-24CUP06-23_Redacted.pdf
PC02-21-24CUP06-23NEPA_Assessment.pdf
21
CONDITIONAL USE PERMIT #06-23
Diamond Communications, LLC. – I-81 Mini Storage LLC
Monopole-Type Commercial Telecommunication Tower
Staff Report for the Planning Commission
Prepared: February 9, 2024
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 be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 02/21/24 Pending
Board of Supervisors: 03/13/24 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable the construction of a 135-foot
monopole commercial telecommunications facility and equipment compound, with setback
waiver (s) at 127 Mercedes Court, in the Stonewall Magisterial District. Should the Planning
Commission finds this use to be appropriate, Staff would suggest the following conditions:
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 prior to conducting the use.
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.
In addition, should the Planning Commission find the waivers to the required setbacks be
acceptable; a motion to recommend approval of a setback reduction to allow the tower to be built
within the 18.6’ fall zone would be appropriate. See ‘Waivers’ section below for further
details and note this request is predicated on item 6.C. receiving support from the Board of
Supervisors.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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CUP #06-23, Diamond Communications, LLC – I-81 Mini Storage, LLC.
February 9, 2024
LOCATION: This property is located at 127 Mercedes Court.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-A-52
PROPERTY ZONING & PRESENT USE: Zoned: B3 (Industrial Transition)
Land Use: Self-storage facility
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B3 (Industrial Transition) Use Industrial
South: B3 (Industrial Transition) Use: Vacant
East: I-81(Interstate Highway) Use: Highway
West: M1 (Light Industrial) Use: Rail siding
PROPOSED USE: This is a request for the CUP to allow for a 135-foot monopole-type
commercial telecommunication tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objection.
Frederick-Winchester Health Department: No comments & no objections.
Frederick County Inspections: The project shall meet the requirements of the 2018 Uniform
Statewide Building Code.
Frederick County Fire Marshal: Plans approved.
Frederick County Public Works: We offer no comments at this time.
Frederick Water: Crossing of Frederick Easement shall adhere to current Frederick Water
requirements. Contractor shall coordinate crossing with Frederick Water inspector.
Winchester Regional Airport: See attached letter from Nick Sabo, AAE, Executive Director
dated June 29, 2023.
City of Winchester: No comments.
Planning and Zoning: The Comprehensive Policy Plan of Frederick County (“Comprehensive
23
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CUP #06-23, Diamond Communications, LLC – I-81 Mini Storage, LLC.
February 9, 2024
Plan”) provides guidance when considering any land use action. This proposed 135-foot
monopole-type commercial telecommunication facility is located on a 3.57 +/- acre property that
is zoned B3 (Industrial Transition) Zoning District. The property is being used as a self-storage
facility. This property is within the Urban Development Area (UDA) and Sewer Water Service
Area (SWSA) identified within the Comprehensive Plan; and is located within Eastern Frederick
County Long Range Land Use Plan. This area of the County is intended to remain
commercial/industrial in nature.
The commercial telecommunication facilities are allowed in the B3 (Industrial Transition)
Zoning District with an approved CUP. The zoning ordinance requires that all proposed
telecommunication facilities be subject to additional performance standards 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.
This proposed 135-foot monopole-type commercial telecommunication facility will be located
on property that is zoned B3. The properties adjacent to this proposed CUP are zoned industrial.
This proposed CUP is not adjacent to any residential dwellings or subdivisions or historical
properties.
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 alleges no other telecommunication facility or viable
collocation structures exist in this area. Should this facility be approved this commercial
telecommunication facility could be positioned to provide the existing and future land uses in
this area of the County with telecommunication needs.
Waivers: This proposed commercial telecommunication tower will require two (2) setback
waivers. Towers that exceed the max height of a zoning district are required to be setback the
prescribed amount plus one foot for every foot over the maximum height. The B3 zoning district
has a max height of 35’ and the tower is proposed to be 135’ so each setback is increased by
100’.
Front (West) Setback = 135’ (35’ setback + 100’ above max height)
Side (South) Setback = 115’ (15’ setback + 100’ above max height) WAIVER NEEDED
Side (North) Setback = 115’ (15’ setback + 100’ above max height)
Rear (East) Setback = 115’ (15’ setback + 100’ above max height) WAIVER NEEDED
The Side (South) and Rear (East) setbacks require waivers as the tower will be located 18.6’ and
106.3’ from the property line respectively. Accordingly, the applicant has specified an 18.6’ fall
zone which would be an effective setback if the waivers are granted.
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CUP #06-23, Diamond Communications, LLC – I-81 Mini Storage, LLC.
February 9, 2024
The Applicant is requesting a waiver to reduce the required setbacks as set forth in Section 165-
204.19 of the zoning ordinance. Additionally, the applicant has requested an amendment to the
same ordinance section that would allow for the setback to be reduced in accordance with an
engineered fall zone without limitation. The current adopted ordinance does not allow applicants
to reduce the setback to less than half the height of the tower. If item 6.C. is not adopted by the
Board of Supervisors, this application would need to be revised in order to be in an approvable
form. The Applicant has provided documentation from a certified Virginia engineer with
verification that the tower is designed and will be constructed in a manner that, should the tower
collapse 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.
Should the waivers be granted, the result will be a 160-foot setback reduction and a 115-foot
right side reduction.
STAFF CONCLUSIONS FOR THE 02/21/24 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on 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 prior to conducting the use.
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
In addition, should the Planning Commission find the waivers to the required setbacks be
acceptable; a motion to recommend approval of a setback reduction to allow the tower to be built
within the 18.6’ fall zone would be appropriate.
25
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NEPA ASSESSMENT
PREPARED BY:
www.DynamicEnvironmental.com (877) 968-4787
EXPERIENCE COMMITMENT QUALITY INNOVATION
I-81 Mini Storage Site
127 Mercedes Court
Winchester, Frederick County, VA
Site No.: VA031
DEA Project No. 22202012
February 24, 2023
PREPARED FOR:
120 Mountain Avenue
Springfield, NJ 07081
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DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -i- 22202012 - NEPA
Table of Contents
1. INTRODUCTION .................................................................................. 1
1.1 Scope of Services ......................................................................... 1
1.2 Site Location/Description ............................................................... 1
2. SCREENING SUMMARY TABLE ............................................................... 2
3. NEPA EVALUATION SUMMARY ............................................................... 3
3.1 Designated Wilderness Area ........................................................... 3
3.2 Designated Wildlife Preserves ......................................................... 3
3.3 Threatened and Endangered Species and Habitat .............................. 3
3.4 Historic and Cultural Concerns ........................................................ 4
3.5 Indian Religious & Significant Sites.................................................. 5
3.6 Floodplains .................................................................................. 6
3.7 Significant Change in Surface Features ............................................ 6
3.8 National Scenic Trails .................................................................... 6
3.9 High Intensity White Lights ............................................................ 6
3.10 Radio-Frequency Radiation ............................................................ 7
4. LIMITATIONS ..................................................................................... 8
5. CERTIFICATION .................................................................................. 8
Appendix List ......................................................................................... ii
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Appendix List
I. Site Plans
II. FEMA Flood Zone Map
III. Threatened & Endangered Species Documentation
1. Response from the VA Department of Conservation and Recreation
2. Informal Biological Assessment
IV. Section 106 Review Documentation
1. Response from VA SHPO Office
2. Letter to VA SHPO Office
3. Letters to Interested Parties
4. Responses from Interested Parties
5. Proof of Public Notice
V. Native American Consultation Documentation
1. Tribal Consultation Summary Table
2. Tower Construction Notification System (TCNS) Documentation
3. Native American Tribal Consultation Documentation
4. Native American Tribal Referral Documentation
VI. FCC Form 620
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1. INTRODUCTION
1.1 Scope of Services
Pursuant to authorization issued by Diamond Communications LLC, a NEPA
Assessment was performed for the I-81 Mini Storage Site in Winchester,
Frederick County, VA. This report presents the findings of our investigation.
The scope of services for the NEPA Assessment was based, in part, on the
guidelines set forth by the Council on Environmental Quality (CEQ) and the
National Environmental Policy Act (NEPA). The scope for this project was in
general accordance with the specific Federal Communication Commission
(FCC) regulations for implementing NEPA (47 CFR, Part 1, Subpart I,
§1.1301 to 1.1319).
1.2 Site Location/Description
Diamond Communications proposes to construct a telecommunications
facility located near 127 Mercedes Court Winchester, Frederick County,
Virginia 22603 at coordinates 39.21848889, -78.13938333.
The proposed Site includes a 100' x 25' lease parcel area where a tower
compound will be constructed. The approximately 3.57 acre Parent Tract,
identified by Parcel #43-A-52 is developed for commercial use and is
occupied by a public storage facility. Access to the Site is from Mercedes
Court located approximately 250 feet to the west, thence along an existing
paved road through the public storage facility. The proposed project is
located in a medium-density community primarily featuring commercial
properties.
The proposed project will include the development of a 100' x 25' tower
compound, a 135' (41.1 m) [140’ (42.7 m) with appurtenances] tall
monopole tower and associated communications equipment. A proposed
22' wide access/utility easement will extend north from Mercedes Court to
the proposed project area along an existing paved road. Site Plans are
presented in Attachment X.
Please refer to Site Plans for a general location map.
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2. SCREENING SUMMARY TABLE
The following Table illustrates the results of the NEPA review that was conducted
for the Site and surrounding area:
FCC-NEPA Review Checklist Summary
New Build
NEPA Item Yes No
1. Is the proposed facility located in an officially
designated wilderness area? ☐ ☒
2. Is the proposed facility located in an officially designated
wildlife preserve? ☐ ☒
3.
Will the proposed facility likely affect listed threatened or
endangered species or designated critical habitats; or
likely jeopardize the continued existence of any proposed
endangered or threatened species; or likely result in the
destruction or adverse modification of proposed critical
habitats? (Ref. 50 CFR Parts 17, 222, 226 & 227).
☐ ☒
4.
Will the proposed facility affect districts, sites, buildings,
structures, or objects significant in American history,
architecture, archeology, engineering, or culture that are
listed, or potentially eligible for listing in the National
Register of Historic Places (NRHP)? (Ref. 36 CFR Part 800 as
modified and supplemented by the NPA for the Collocation of
Wireless Antennas and the NPA Regarding the Section 106
National Historic Preservation Act Review Process).
☐ ☒
5. Will the facility affect Indian Religious Sites? ☐ ☒
6. Is the proposed facility located in a flood plain? (Ref.
Executive Order 11988 and 40 CFR Part 6, Appendix A) ☐ ☒
7.
Will construction of the proposed facility involve significant
change in surface features (e.g. wetlands, deforestation,
or water diversion)? (Ref. Executive Order 11990 and 40 CFR
Part 6, Appendix A)
☐ ☒
8.
Is the proposed facility located in a residential
neighborhood and required to be equipped with high
intensity white lights?
☐ ☒
9.
Will the proposed facility equal or exceed total power
output limitations set forth in 47 CFR, Chapter 1, Subpart
I, § 1.1307, Table 1? ☐ ☒
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3. NEPA EVALUATION SUMMARY
The National Environmental Policy Act (NEPA) requires federal agencies to
evaluate the potential impacts to the environment for projects under their
jurisdiction. In accordance with 47 CFR, Part 1, Subpart I §1.1307, the
issues/questions, presented below, will require additional evaluation and the
preparation of an Environmental Assessment (EA) if answered in the affirmative.
Included below is a discussion of the evaluation work conducted during this
review, including whether the proposed facility will require the preparation and
filing of an EA in accordance with FCC regulations.
3.1 Designated Wilderness Area
Is the facility located in an officially designated wilderness area? No.
Based on a review of USGS Topographic Maps (“Winchester, VA (1987)”
Quadrangle) and other available mapping, the Site is not located in a
designated wilderness area.
3.2 Designated Wildlife Preserves
Is the facility located in an officially designated wildlife preserve? No.
Based on a review of USGS Topographic Maps (“Winchester, VA (1987)”
Quadrangle) and other available mapping, the Site is not located in a
designated wildlife preserve.
3.3 Threatened and Endangered Species and Habitat
Will the facility affect listed or proposed threatened or endangered (T&E)
species or designated critical habitats? No.
A current listing of threatened and endangered species in the area of the
subject site was obtained from the U.S. Fish & Wildlife Service (FWS) IPaC
website. In addition, a current listing of State listed threatened and
endangered species in the area of the subject site was obtained from the
Virginia Department of Game and Inland Fisheries Information System.
Using the compiled information in conjunction with our own data, an
Informal Biological Assessment (IBA) was conducted by DEA to determine
if any of the listed or proposed T&E species were readily observable and/or
whether habitat necessary to support the listed species is present on or in
proximity to the Site.
Our evaluation of flora and fauna in the Site area used the current list of
Threatened and Endangered Species that have been identified in the
immediate project area. No listed or proposed threatened or endangered
species were observed on or in proximity to the Site. Further, it is our
opinion that the proposed project will have no effect on habitat that may
be used by T&E species. Based on the data available and our field
observations, we find that the project will have no effect on listed
threatened or endangered species.
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Our IBA was submitted to the Virginia Department of Conservation and
Recreation (VADCR), requesting concurrence with our findings. The VADCR
concurred with our findings, by letter dated January 23, 2023 (attached).
Copies of all documentation are included in the Appendix.
Based on DEA’s determination that the project will have no effect on listed
threatened or endangered species, Section 7 consultation with USFWS is
completed. Copies of all documentation are included in the Appendix.
The Site is not designated as “Critical Habitat” as defined in 50 CFR.
Copies of all documentation are included in the Appendix.
3.4 Historic and Cultural Concerns
Will the proposed project affect districts, Sites, buildings, structures or
objects significant in American history, architecture, archeology,
engineering or culture that are listed or potentially eligible for listing in the
National Register of Historic Places? No.
DEA conducted a Section 106 Review for the proposed tower construction
project in accordance with the requirements stipulated by the Nationwide
Programmatic Agreement (NPA). The Review defined the tower compound
construction area, access easements, and other potential areas of ground
disturbance, as the Area of Potential Effect (APE) for Direct Effects. The
Review defined an area one-half mile in radius from the Site as the Area of
Potential Effect (APE) for Visual Effects. This work concluded that there
would be no adverse effect to historic resources within the APE for Direct
Effects and there would be no effect to historic resources within the APE for
Visual Effects.
As required by the NPA, Public Participation as well as notification to Local
Governments and other Potentially Interested Parties was conducted. A
Public Notice was posted in the Winchester Star on December 8, 2022,
inviting review and comment on the proposed project by the general public.
This notice provided for a 30-day comment period. As of the date of this
report we are aware of no comments made by the public.
Notification letters, dated December 1, 2022, inviting comment on the
proposed tower project, were directed to:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
Timothy Youmans, with the City of Winchester Planning Department,
responded by email on December 2, 2022, indicating that the city had no
comment on the proposed project. As of the date of this report we have
received no other responses. Therefore, we consider the lack of response
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as an indication that the remaining parties have chosen not to participate
in the review process.
As required by the NPA, a completed FCC Form 620 was submitted to the
VA SHPO requesting concurrence that there would be no adverse effect to
historic resources within the APE for Direct Effects and there would be no
effect to historic resources within the APE for Visual Effects. By E-106 sytem
response dated January 26, 2023 the SHPO concurred.
Copies of all correspondence, including Form 620, are included in the
Appendix.
3.5 Indian Religious & Significant Sites
Will the proposed project affect Indian religious Sites? No.
In accordance with the requirements stipulated by the Nationwide
Programmatic Agreement (NPA), notification of the proposed project was
made via the FCC Tower Construction Notification System (TCNS). Thirteen
(13) Native American Tribes, registered as having a potential interest in the
geographic area of the project, were notified of the project by the TCNS.
Required consultation has been completed with eight (8) of these Tribes.
The following Tribes have completion clauses included in their TCNS
comments or have responded stating they have no objection to, or
significant comments on, the proposed project:
Bad River Band of Lake Superior Chippewa Indians
Catawba Indian Nation
Cherokee Nation
Eastern Shawnee Tribe of Oklahoma
Monacan Indian Nation
Pamunkey Indian Tribe
Prairie Island Indian Community
Tuscarora Nation
In accordance with the provisions of the NPA, a reasonable and significant
effort was made to follow up with the Tribes that did not respond to the
TCNS notification. All documentation related to these efforts is included in
the Appendix. To date, the following five (5) Tribes have not responded to
our consultation attempts:
Chickahominy Indian Tribe
Delaware Nation
Nansemond Indian Tribe
Rappahannock Tribe
The Upper Mattaponi Indian Tribe
The Federal Communications Wireless Infrastructure Second Report and
Order (WTB Docket No. 17-79), sets forth that the applicant’s Tribal
Consultation obligations have been fulfilled for projects after two attempts
to consult have been made by the applicant over a 30- or 35-day period
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(depending on how the Tribe prefers to receive submission materials), and
subsequently, additional attempts have been made by the FCC. On
February 6, 2023, the non-responsive Tribes were referred to the FCC for
resolution, via the Tower Construction Notification System or manual
referral. On February 9, 2023, the FCC issued letter notifications to DEA,
which confirmed that the FCC had contacted the above referenced Tribes
as of that date. This letter further stated that if no statement of interest
was received from these Tribes by DEA or the FCC, within the ensuing 15-
day period, consultation is complete. As of the date of this report we are
not aware of any comments made by any of these Tribes. Therefore, the
Second Report and Order (WTB Docket No. 17-79) allows construction of
the proposed tower Site to proceed without further consultation with these
Native American Tribes as of February 24, 2023.
3.6 Floodplains
Is the Site located in a flood plain? No.
According to information depicted on FEMA - Flood Insurance Rate Mapping,
Panel No. 51069C0209E, dated 1/29/2021, the Site is located in Flood Zone
“X”, an area outside the 100 year flood zone.
3.7 Significant Change in Surface Features
Will the proposed project involve significant change in surface features
(i.e.: wetlands, deforestation or water diversion)? No.
No wetlands were observed on or near the Site.
No water bodies are located on or in proximity to the Site.
Access to the Site will be by existing access roads. Removal of trees or
shrubbery will not be required.
3.8 National Scenic Trails
Is the proposed facility located within one mile of a National Scenic Trail?
No.
We have reviewed the National Scenic Trail information on the National
Park Service website. Based on a review of the information contained on
this web site, the Site is not within one mile of a National Scenic Trail.
3.9 High Intensity White Lights
Is the proposed facility located in a residential neighborhood and required
to be equipped with high intensity white lights? No.
The tower is proposed to be 140 feet tall, and to the best of our knowledge,
will not be equipped, nor required to be equipped, with High Intensity White
Lights.
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3.10 Radio-Frequency Radiation
Will the proposed project potentially cause exposure of workers or the
general public to radio frequency (RF) radiation in excess of the assessment
guidelines specified in § 1.1307(b), Table 1? No.
It is our understanding that Diamond Communications will ensure that the
tower meets all regulatory requirements for “maximum permissible
exposure” of RF Radiation.
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4. LIMITATIONS
This report is based upon a visual reconnaissance of the Site, information provided
by Diamond Communications, documentation obtained through research
conducted by DEA, and consultation with applicable government agencies. The
activities described, and the results, findings, and recommendations included
herein are based on information gathered during an investigation which was
limited in scope. A more comprehensive investigation, which may be done later,
may produce different results. The information contained herein was prepared for
the exclusive use of Diamond Communications, solely in conjunction with the
subject investigation. Unless specifically stipulated in the scope of work, nothing
herein should be interpreted as a review of, or compliance with, state or local
regulations. The findings and recommendations set forth herein are based on the
conditions encountered at the subject Site, and the evidence which was available
at the time the Site investigation was conducted. Future investigations and
findings could change the contents of this report. The work conducted and the
report preparation were in accordance with generally accepted environmental
consulting practices. No other expressed or implied warranty is made. This report
is not a legal opinion which can only be provided by individuals licensed to practice
law.
5. CERTIFICATION
The findings presented herein, which may be limited as described above, are
accurate to the best of our knowledge and may be relied on by Diamond
Communications.
_____________________
Adrian Berezowsky
Vice President
_____________________
Brian R. Schneider
Manager, Cultural Resources
_____________________
Courtney B. Gaskill
NEPA Manager
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99
100
101
102
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NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX II. FEMA FLOOD ZONE MAP
104
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/4/2022 at 5:07 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
78°8'42"W 39°13'18"N
78°8'5"W 39°12'50"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
105
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX III. THREATENED & ENDANGERED
SPECIES DOCUMENTATION
106
Travis A. Voyles Frank N. Stovall
Acting Secretary of Natural and Historic Resources Deputy Director
for Operations
Matthew S. Wells Darryl Glover
Director Deputy Director for
Dam Safety,
Floodplain Management and
Soil and Water Conservation
Andrew W. Smith
Chief Deputy Director
Laura Ellis
Deputy Director for
Administration and Finance
600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124
State Parks • Soil and Water Conservation • Outdoor Recreation Planning
Natural Heritage • Dam Safety and Floodplain Management • Land Conservation
January 23, 2023
Courtney Gaskill
Dynamic Environmental Associates, Inc.
3850 Lake Street, Suite C
Macon GA, 31204
Re: 22202012, VA031 I-81 Mini Storage Cell Tower
Dear Ms. Gaskill:
The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data
System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage
resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary
natural communities, and significant geologic formations.
This project has intersected the karst bedrock screening layer. Encountering undocumented caves, sinkholes or
other sensitive karst features in this area is possible. During every phase of the project, DCR recommends
stabilization of the soil around the site. Minimizing surface disturbance, strict use of E&S control measures
appropriate for the location and adherence to best management practices appropriate for karst will help to reduce
any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and
flora.
If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the
project, please coordinate with Wil Orndorff (540-230-5960, Wil.Orndorff@dcr.virginia.gov) the Virginia DCR,
Division of Natural Heritage Karst Protection Coordinator, to document and minimize adverse impacts. Activities
such as discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances
can lead to environmental impacts including surface collapse, flooding, erosion and sedimentation, contamination
of groundwater and springs, and degradation of subterranean habitat for natural heritage resources (e.g. cave
adapted invertebrates, bats). These potential impacts are not necessarily limited to the immediate project area, as
karst systems can transport water and associated contaminants rapidly over relatively long distances, depending
on the nature of the local karst system. If the project involves filling or “improvement” of sinkholes or cave
openings, DCR would like detailed location information and copies of the design specifications. In cases where
sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.
In addition, according to the United States Fish and Wildlife Service (USFWS) Guidance dated April 2018,
“almost 7 million birds, predominantly night-migrating songbirds, die annually as a result of collisions with lit
communication towers in the United States. Given the height, structural engineering needs (i.e., guy wires), and
obstruction lighting requirements, communication towers may cause direct and indirect bird mortality” (USFWS,
2018). Therefore, to reduce the risk of bird mortality at communication towers, DCR recommends comprehensive
voluntary implementation of USFWS guidelines for Communication Tower Design, Siting, Construction,
Operation, Maintenance and Decommissioning
107
(https://www.fws.gov/migratorybirds/pdf/management/usfwscommtowerguidance.pdf). DCR supports collocation
on existing structures, as well as eliminating the need for guy wires and FAA obstruction lighting as mentioned in
the project description.
Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer
Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed
threatened and endangered plant and insect species. The current activity will not affect any documented state-listed
plants or insects.
There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.
New and updated information is continually added to Biotics. Please re-submit a completed order form and project
map for an update on this natural heritage information if the scope of the project changes and/or six months has
passed before it is utilized.
A fee of $125.00 has been assessed for the service of providing this information. Please find attached an invoice
for that amount. Please return one copy of the invoice along with your remittance made payable to the Treasurer
of Virginia, DCR Finance, 600 East Main Street, 24th Floor, Richmond, VA 23219. Payment is due within thirty
days of the invoice date. Please note late payment may result in the suspension of project review service for future
projects.
The Virginia Department of Wildlife Resources (VDWR) maintains a database of wildlife locations, including
threatened and endangered species, trout streams, and anadromous fish waters that may contain information not
documented in this letter. Their database may be accessed from http://vafwis.org/fwis/ or contact Amy Martin at
804-367-2211 or amy.martin@dwr.virginia.gov.
Should you have any questions or concerns, feel free to contact me at 804-371-2708. Thank you for the
opportunity to comment on this project.
Sincerely,
S. René Hypes
Natural Heritage Project Review Coordinator
Cc: Wil Orndorff, DCR-Karst
Literature Cited
U.S. Fish and Wildlife Service. 2018. Recommended Best Practices for Communication Tower
Design, Siting, Construction, Operation, Maintenance, and Decommissioning.
108
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
P.O. Box 7058, Lake Worth, FL 33466 (561) 968-4787 • Toll Free (877) 968-4787
By: Online submission
December 29, 2022
Project Review Coordinator
Department of Conservation and Recreation
Natural Heritage Program
600 E. Main Street, 24th Floor
Richmond, VA 23219
Re: Informal Biological Assessment
I-81 Mini Storage Site, Site No.: VA031
Winchester, Frederick County, VA
DEA No. 22202012
To Whom It May Concern:
Dynamic Environmental Associates, Inc. is completing a NEPA Review for the
proposed construction of a telecommunications tower facility (Undertaking) within
the State of Virginia, in accordance with 47 CFR 1.1307 (a) 3. As described herein,
an Informal Biological Assessment (IBA) has been conducted on behalf of Diamond
Towers V LLC to identify federal and state threatened and endangered species (T&E)
and/or critical habitat that may be located at or near the proposed project location
and evaluate the potential for the proposed Undertaking to affect these species and
habitat. Further, the IBA also evaluated the potential effect of the proposed
Undertaking on migratory birds.
Project Description: Diamond Towers V LLC is proposing to construct a
telecommunications tower facility within a 100' x 25' lease parcel (Site). The
proposed tower compound will consist of a 135’ tall (overall height of 140’ with
appurtenances) monopole tower and associated communication equipment, all
surrounded by a chain link fence. A proposed 22' wide access/utility easement will
extend north from Mercedes Court to the proposed project area along an existing
paved road. However, for the purposes of this assessment, the Site is defined as the
lease parcel, the tower compound, and the proposed access/utility easement
(collectively known as the Project Area).
Project Location: The Site is located within a larger Parent Tract parcel of land
located at 127 Mercedes Court, Winchester, Frederick County,VA at Latitude N39°
13' 6.56", and Longitude W78° 8' 21.78".
The following has been derived from information provided by Diamond
Communications, a review of available data and literature, and on observations made
during a site visit conducted on February 24, 2022: Weather was cloudy and 33°F.
Project Area: The Site is located on the southeastern portion of the
Parent Tract and consists of grassy/shrubby undeveloped land.
109
Department of Conservation and Recreation -2- December 29, 2022
Parent Tract and Vicinity: The Parent Tract consists commercial (I-81
Mini Storage, LLC), electric ROW, existing telecommunications
transmission tower facility, and undeveloped land. The subject property
is found in a suburban area of northeastern Frederick County, VA. The
surrounding area is suburban in nature with commercial, electric ROW,
railroad, and undeveloped properties present throughout the area.
Site Reconnaissance & Data Review: DEA obtained current listings of species
and habitat information for plants and animals protected or proposed for protection
under the Federal Endangered Species Act, or state statute. The attached
documentation presents state and federal listed and candidate Threatened or
Endangered (T&E) species known, or suspected, to exist in the Project Area as well
as a project location specific USFWS IPaC report. No Threatened or Endangered
Species were observed during our site visit. No habitat capable of supporting any of
the identified listed species was found to exist on or adjacent to the Parent Tract
property. Based on the data available and our field observations, we find that the
project will have No Effect on listed threatened or endangered species.
DEA also reviewed “designated critical habitat” as defined in 50 CFR and confirmed
that no designated or proposed critical habitat exists in the site area.
Although a wetland delineation was not within the scope of this assessment, no
obvious evidence of wetlands were observed within or adjacent to the Project Area.
No federal wetlands are depicted on the National Wetland inventory mapping as being
present within, adjacent to, or within 300 feet of the Project Area.
No evidence of surface water was observed within the Project Area.
Hydric soils and hydrophytic vegetation were not observed within or adjacent to the
Project Area. Observations made within the Project Area indicate the presence of a
silty, loamy soil typical of the Oaklet soil series mapped in this area by the USDA-
SCS.
USFWS recommendations, published in the 2018 U.S. Fish and Wildlife Service
(USFWS) Recommended Best Practices for Communication Tower Design, Siting,
Construction, Operation, Maintenance, and Decommissioning, state the preferred
tower height to decrease potential effects on migratory birds is less than 200 feet
tall. The siting and design process for this project could not conform to all the USFWS
recommendations. Therefore, it has included mitigating factors such as consideration
of collocation, tower siting with existing towers or in minimally sensitive areas,
limiting tower height to 140’ tall, and eliminating the need for guy wires and FAA
obstruction lighting.
110
Department of Conservation and Recreation -3- December 29, 2022
Conclusions: Based on data collected during our site reconnaissance and from
various maps, and publicly available information it is DEA’s opinion that:
No evidence was discovered suggesting that state or federally protected
species are present or occur within the Project Area.
No habitat capable of supporting state or federally protected species is present
within or adjacent to the Project Area.
The proposed project will have no effect on state or federally protected species.
The proposed project is not likely to adversely affect migratory birds.
The Project Area is not designated as “Critical Habitat” as defined in 50 CFR
and no impact to Critical Habitat will occur.
The proposed project will not impact wetlands or other waters of the United
States.
Based on information provided herein, it is our current opinion that the proposed
project is not likely to adversely affect Threatened or Endangered Species or
migratory birds, and we request your concurrence.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Courtney Gaskill
NEPA Manager
enc.
22202012 – VA DCR IBA
111
December 12, 2022
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
Phone: (804) 693-6694 Fax: (804) 693-9032
In Reply Refer To:
Project Code: 2023-0024368
Project Name: VA031 I-81 Mini Storage (22202012)
Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity
proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination'
conducted by the Refuge. Please contact the individual Refuges to discuss any questions or
concerns.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
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A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Project Code in the header of this
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12/12/2022 3
▪
▪
▪
letter with any request for consultation or correspondence about your project that you submit to
our office.
Attachment(s):
Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries
Migratory Birds
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12/12/2022 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
(804) 693-6694
115
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Project Summary
Project Code:2023-0024368
Project Name:VA031 I-81 Mini Storage (22202012)
Project Type:Communication Tower New Construction
Project Description:The proposed project will include the development of a 100' x 25' tower
compound, a 135' [140’ with appurtenances] tall monopole tower and
associated communications equipment. A proposed 22' wide access/utility
easement will extend north from Mercedes Court to the proposed project
area along an existing paved road
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@39.218544800000004,-78.13938488206838,14z
Counties:Frederick County, Virginia
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1.
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Endangered
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
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USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
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1.
2.
3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Breeds Sep 1 to
Aug 31
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15
to Oct 10
1
2
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NAME
BREEDING
SEASON
Black-capped Chickadee Poecile atricapillus practicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds Apr 10
to Jul 31
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Jul 31
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Aug 10
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds Apr 27
to Jul 20
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Mar 15
to Aug 25
Golden-winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Breeds May 1
to Jul 20
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 20
to Aug 20
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
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1.
2.
3.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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no data survey effort breeding season probability of presence
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC
Vulnerable
Black-billed
Cuckoo
BCC Rangewide
(CON)
Black-capped
Chickadee
BCC - BCR
Bobolink
BCC Rangewide
(CON)
Canada Warbler
BCC Rangewide
(CON)
Cerulean Warbler
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Golden-winged
Warbler
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
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▪
▪
▪
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty Blackbird
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
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12/12/2022 6
1.
2.
3.
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
"BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
124
12/12/2022 7
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
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12/12/2022 8
IPaC User Contact Information
Agency:Federal Communications Commission
Name:Courtney Gaskill
Address:3850 Lake Street, Suite C
City:Macon
State:GA
Zip:31204
Email cgaskill@dynamicenvironmental.com
Phone:4787457740
126
127
128
129
130
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 1
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Location Map
SITE
131
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 2
www.DynamicEnvironmental.com • (877) 968-4787
For:
7.5 Minute Series, Winchester, VA Quadrangle (1987)
SITE
USGS Topographic Map
132
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 3
www.DynamicEnvironmental.com • (877) 968-4787
For:
2019 Aerial Photograph
N
S
E W
SITE
133
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 4
www.DynamicEnvironmental.com • (877) 968-4787
For:
NWI Map
N
S
E W
SITE
134
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 5
www.DynamicEnvironmental.com • (877) 968-4787
For:
Critical Habitat Map
N
S
E W
No Critical Habitat Mapped in the Project Area
SITE
135
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 6
www.DynamicEnvironmental.com • (877) 968-4787
For:
Migratory Bird Flyway Map
N
S
E W
SITE
136
137
138
139
140
22202012 DEA, Inc.
Photo 2 - View of the proposed project location, facing east.
Photo 1 - View of the proposed project location, facing north.
141
22202012 DEA, Inc.
Photo 4 - View of the proposed project location, facing west.
Photo 3 - View of the proposed project location, facing southeast.
142
22202012 DEA, Inc.
Photo 6 - View from the proposed project location, facing east.
Photo 5 - View from the proposed project location, facing north.
143
22202012 DEA, Inc.
Photo 8 - View from the proposed project location, facing west,
Photo 7 - View from the proposed project location, facing south.
144
22202012 DEA, Inc.
Photo 10 - View of the proposed access route, facing south.
Photo 9 - View of the proposed access route, facing north-northeast.
145
Page 1 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Bat, Indiana Myotis sodalis Federal
Endangered
In hibernation, limestone caves with pools are preferred.
Hall (1962) noted that preferred caves are of medium
size with large, shallow passageways. Roosts usually are
in the coldest part of the cave. During the fall, when
these bats swarm and mate at their hibernacula, males
roost in trees nearby during the day and fly to the cave
during the night. In summer, habitat consists of wooded
or semiwooded areas, mainly along streams. Solitary
females or small maternity colonies bear their offspring in
hollow trees or under loose bark of living or dead trees
(Humphrey et al. 1977, Garner and Gardner 1992).
No Effect No habitat capable
of supporting this
species exists onsite
or in the general
area.
Bat,
northern
long-eared
Myotis
septentrionalis
Federal
Endangered
State
Threatened
This bat generally is associated with old-growth forests
composed of trees 100 years old or older. It relies on
intact interior forest habitat, with low edge-to-interior
ratios. Relevant late-successional forest features include
a high percentage of old trees, uneven forest structure
(resulting in multilayered vertical structure), single and
multiple tree-fall gaps, standing snags, and woody debris.
These late successional forest characteristics may be
favored for several reasons, including the large number
of partially dead or decaying trees that the species uses
for breeding, summer day roosting, andforaging. [Source:
USFWS 2011, which see for citations of further literature]
No Effect No habitat capable
of supporting this
species exists onsite
or in the general
area.
146
Page 2 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Falcon,
Peregrine
Falco
peregrinus
State
Threatened
Various open situations from tundra, steppe, moorlands,
and seacoasts, especially where there are suitable
nesting cliffs, to mountains, open forested regions, and
human population centers (AOU 1983). When not
breeding, occurs in areas where prey concentrate,
including farmlands, marshes, lakeshores, river mouths,
tidal flats, dunes and beaches, broad river valleys, cities,
and airports.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Shrike,
Loggerhead
Lanius
ludovicianus
State
Threatened
BREEDING: Open country with scattered trees and
shrubs, savanna, desert scrub (southwestern U.S.), and,
occasionally, open woodland; often perches on poles,
wires or fenceposts (Tropical to Temperate zones) (AOU
1983). Suitable hunting perches are an important part of
the habitat (Yosef and Grubb 1994). NON-BREEDING:
During periods of cold with snow cover, sometimes
moves into woodlots (Byrd and Johnston 1991). In winter
in Virginia, many move from pastures to shrub and open
forest habitats during periods of cold, wet weather
(Blumton et al. 1989).
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
147
Page 3 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Shrike,
Migrant
loggerhead
Lanius
ludovicianus
migrans
State
Threatened
Loggerhead shrike habitat consists of grasslands and
open, agricultural areas characterized by short vegetation
and scattered trees, shrubs or hedgerows for nesting
cover and hunting and lookout perches. This species
typically prefers pastures, old fields and orchards,
roadside fencerows, and native prairies and grasslands.
This bird also utilizes riparian areas and open woodlands
as well as agricultural fields with row crops (e.g., corn,
soybeans, etc.), mowed roadsides, parks, cemeteries
and golf courses.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Bat, Little
Brown
Myotis
lucifugus
State
Endangered
These bats use a wide range of habitats and often use
human-made structures for resting and maternity sites;
they also use caves and hollow trees. Foraging habitat
requirements are generalized; foraging occurs over
water, along the margins of lakes and streams, or in
woodlands near water. Winter hibernation sites (caves,
tunnels, abandoned mines, and similar sites) generally
have a relatively stable temperature of about 2-12 C (see
Kunz and Reichard 2010). Maternity colonies commonly
are in warm sites in buildings (e.g., attics) and other
structures; also infrequently in hollow trees. Microclimate
conditions suitable for raising young are relatively narrow,
and availability of suitable maternity sites may limit the
species' abundance and distribution.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
148
Page 4 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Butterfly,
Monarch
Donous
plexippus
Federal
Candidate
Habitat is a complex issue for this species. In general,
breeding areas are virtually all patches of milkweed in
North America and some other regions. The critical
conservation feature for North American populations is
the overwintering habitats, which are certain high altitude
Mexican conifer forests or coastal California conifer or
Eucalyptus groves as identified in literature. It appears
virtually all North American monarchs overwinter in one
of these two areas. Lethal cold would preclude
successful overwintering in places like the Gulf Coast
and much of Florida some years and it appears these are
not major wintering regions as used to be assumed. In
addition certain major coastal migratory stopovers may
be important conservation sites especially those in along
Delaware Bay in New Jersey including Cape May where
adults may holdover for several days awaiting suitable
conditions for crossing the Bay. There are major, but
probably less important, roosting sites farther north such
as east of New Haven and probably others farther south
perhaps even as far as Cuba. Coastal regions are
important flyways and so nectar (wild or in gardens) is an
important resource in such places. In places like Hawaii
and some others the species simply breeds year round
and is not really migratory.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
149
Page 5 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Wren,
Bewick's
Thryomanes
bewickii
State
Endangered
In the west, found in many brushy or wooded habitats at
lower elevations, including undergrowth in woods of oak
and pine, streamside groves, chaparral, desert washes,
suburban areas. In the east (where now scarce), mostly
in brushy areas around the edges of woods.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Turtle,
Wood
Glyptemys
insculpta
State
Threatened
heir habitats include rivers and large streams, riparian
forests (adjacent to rivers), wetlands, hayfields, and other
early successional habitats. Terrestrial habitat that is
usually within 1,000 feet of a suitable stream or river is
most likely used
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Skipper,
Appalachian
grizzled
Pyrgus
wyandot
State
Threatened
The Appalachian grizzled skipper is found in open,
sparsely grassed and barren areas in close proximity
(usually less than 30 m) to oak or pine forests
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
150
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 1 of 343448204344880434494043450004345060434512043451804344820434488043449404345000434506043451204345180746610746670746730746790746850746910746970747030747090747150747210
746610 746670 746730 746790 746850 746910 746970 747030 747090 747150 747210
39° 13' 15'' N 78° 8' 37'' W39° 13' 15'' N78° 8' 10'' W39° 13' 2'' N
78° 8' 37'' W39° 13' 2'' N
78° 8' 10'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 100 200 400 600
Feet
0 40 80 160 240
Meters
Map Scale: 1:2,910 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
151
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:15,800.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Frederick County, Virginia
Survey Area Data: Version 17, Aug 26, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Sep 23, 2020—Nov
3, 2020
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 2 of 3 152
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
8B Chilhowie silty clay loam, 2 to
7 percent slopes
0.2 0.7%
32B Oaklet silt loam, 2 to 7 percent
slopes
32.7 99.3%
Totals for Area of Interest 33.0 100.0%
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 3 of 3
153
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/4/2022 at 5:07 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
78°8'42"W 39°13'18"N
78°8'5"W 39°12'50"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
154
SOURCES
Project Name: VA031 I-81 Mini Storage
Project No.: 22202012
1. NatureServe Online database. Association for Biodiversity Information.
http://www.natureserve.org/
2. U.S. Fish & Wildlife Service, Environmental Conservation Online System.
http://ecos.fws.gov/ecos/indexPublic.do
3. U.S. Fish & Wildlife Service, IPaC - Information, Planning, and Conservation System
http://ecos.fws.gov/ipac/
4. Virginia Department of Conservation and Recreation: Natural Heritage Program.
http://www.dcr.virginia.gov/natural_heritage/index.shtml
5. Virginia Department of Game and Inland Fisheries Information Service
http://vafwis.org/fwis/
6. The Flora of North America. http://www.efloras.org/flora_page.aspx?flora_id=1
7. The Center for Plant conservation.
http://www.centerforplantconservation.org/collection/cpc_viewprofile.asp?CPCNum=
2466
155
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
P.O. Box 7058, Lake Worth, FL 33466 (561) 968-4787 • Toll Free (877) 968-4787
December 13, 2022
Endangered Species and Natural Resources Project Review
Site Name: I-81 Mini Storage Site No.: VA031
Address: 127 Mercedes Court, Winchester,
Frederick County, VA 22603
DEA No.: 22202012
Dynamic Environmental Associates, Inc. is completing a NEPA Review for the
proposed construction of a telecommunications tower facility (Undertaking) within
the State of Virginia, in accordance with 47 CFR 1.1307 (a) 3. As described herein,
an Informal Biological Assessment (IBA) has been conducted on behalf of Diamond
Towers V LLC to identify federal and state threatened and endangered species (T&E)
and/or critical habitat that may be located at or near the proposed project location
and evaluate the potential for the proposed Undertaking to affect these species and
habitat. Further, the IBA also evaluated the potential effect of the proposed
Undertaking on migratory birds.
Project Description: Diamond Towers V LLC is proposing to construct a
telecommunications tower facility within a 100' x 25' lease parcel (Site). The
proposed tower compound will consist of a 135’ tall (overall height of 140’ with
appurtenances) monopole tower and associated communication equipment, all
surrounded by a chain link fence. A proposed 22' wide access/utility easement will
extend north from Mercedes Court to the proposed project area along an existing
paved road. However, for the purposes of this assessment, the Site is defined as the
lease parcel, the tower compound, and the proposed access/utility easement
(collectively known as the Project Area).
Project Location: The Site is located within a larger Parent Tract parcel of land
located at 127 Mercedes Court, Winchester, Frederick County, VA at Latitude N39°
13' 6.56", and Longitude W78° 8' 21.78".
Data Review: DEA obtained current listings of species and habitat information for
plants and animals protected or proposed for protection under the Federal
Endangered Species Act, or state statute. The attached documentation presents state
and federal listed and candidate Threatened or Endangered (T&E) species known, or
suspected, to exist in the Project Area as well as a project location specific USFWS
IPaC report. No Threatened or Endangered Species were observed during our site
visit. No habitat capable of supporting any of the identified listed species was found
to exist on or adjacent to the Parent Tract property. Based on the data available and
our field observations, we find that the project will have No Effect on listed threatened
or endangered species.
Based on DEA’s determination that that project will have No Effect on listed
threatened or endangered species, Section 7 consultation with USFWS is completed.
Copies of all documentation are included in the Appendix.
156
-2- December 13, 2022
DEA also reviewed “designated critical habitat” as defined in 50 CFR and confirmed
that no designated or proposed critical habitat exists in the site area.
Although a wetland delineation was not within the scope of this assessment, no
obvious evidence of wetlands were observed within or adjacent to the Project Area.
No federal wetlands are depicted on the National Wetland inventory mapping as being
present within, adjacent to, or within 300 feet of the Project Area.
No evidence of surface water was observed within the Project Area.
Hydric soils and hydrophytic vegetation were not observed within or adjacent to the
Project Area. Observations made within the Project Area indicate the presence of a
silty, loamy soil typical of the Oaklet soil series mapped in this area by the USDA-
SCS.
USFWS recommendations, published in the 2018 U.S. Fish and Wildlife Service
(USFWS) Recommended Best Practices for Communication Tower Design, Siting,
Construction, Operation, Maintenance, and Decommissioning, state the preferred
tower height to decrease potential effects on migratory birds is less than 200 feet
tall. The siting and design process for this project could not conform to all the USFWS
recommendations. Therefore, it has included mitigating factors such as consideration
of collocation, tower siting with existing towers or in minimally sensitive areas,
limiting tower height to 140’ tall, and eliminating the need for guy wires and FAA
obstruction lighting.
Conclusions: Based on data collected during our site reconnaissance and from
various maps, and publicly available information it is DEA’s opinion that:
No evidence was discovered suggesting that state or federally protected
species are present or occur within the Project Area.
No habitat capable of supporting state or federally protected species is present
within or adjacent to the Project Area.
The proposed project will have no effect on state or federally protected species.
The proposed project is not likely to adversely affect migratory birds.
The Project Area is not designated as “Critical Habitat” as defined in 50 CFR
and no impact to Critical Habitat will occur.
The proposed project will not impact wetlands or other waters of the United
States.
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-3- December 13, 2022
Based on information provided herein, it is our current opinion that the proposed
project is not likely to adversely affect Threatened or Endangered Species or
migratory birds, and we request your concurrence.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Courtney Gaskill
NEPA Manager
enc.
22202012 – IBA Summary
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December 12, 2022
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
Phone: (804) 693-6694 Fax: (804) 693-9032
In Reply Refer To:
Project Code: 2023-0024368
Project Name: VA031 I-81 Mini Storage (22202012)
Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity
proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination'
conducted by the Refuge. Please contact the individual Refuges to discuss any questions or
concerns.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
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A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Project Code in the header of this
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▪
▪
▪
letter with any request for consultation or correspondence about your project that you submit to
our office.
Attachment(s):
Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries
Migratory Birds
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Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
(804) 693-6694
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Project Summary
Project Code:2023-0024368
Project Name:VA031 I-81 Mini Storage (22202012)
Project Type:Communication Tower New Construction
Project Description:The proposed project will include the development of a 100' x 25' tower
compound, a 135' [140’ with appurtenances] tall monopole tower and
associated communications equipment. A proposed 22' wide access/utility
easement will extend north from Mercedes Court to the proposed project
area along an existing paved road
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@39.218544800000004,-78.13938488206838,14z
Counties:Frederick County, Virginia
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1.
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Endangered
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
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USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
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1.
2.
3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Breeds Sep 1 to
Aug 31
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15
to Oct 10
1
2
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NAME
BREEDING
SEASON
Black-capped Chickadee Poecile atricapillus practicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds Apr 10
to Jul 31
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Jul 31
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Aug 10
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds Apr 27
to Jul 20
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Mar 15
to Aug 25
Golden-winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Breeds May 1
to Jul 20
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 20
to Aug 20
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
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1.
2.
3.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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no data survey effort breeding season probability of presence
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC
Vulnerable
Black-billed
Cuckoo
BCC Rangewide
(CON)
Black-capped
Chickadee
BCC - BCR
Bobolink
BCC Rangewide
(CON)
Canada Warbler
BCC Rangewide
(CON)
Cerulean Warbler
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Golden-winged
Warbler
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
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▪
▪
▪
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty Blackbird
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
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1.
2.
3.
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
"BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
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Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
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IPaC User Contact Information
Agency:Federal Communications Commission
Name:Courtney Gaskill
Address:3850 Lake Street, Suite C
City:Macon
State:GA
Zip:31204
Email cgaskill@dynamicenvironmental.com
Phone:4787457740
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177
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 1
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Location Map
SITE
178
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 2
www.DynamicEnvironmental.com • (877) 968-4787
For:
7.5 Minute Series, Winchester, VA Quadrangle (1987)
SITE
USGS Topographic Map
179
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 3
www.DynamicEnvironmental.com • (877) 968-4787
For:
2019 Aerial Photograph
N
S
E W
SITE
180
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 4
www.DynamicEnvironmental.com • (877) 968-4787
For:
NWI Map
N
S
E W
SITE
181
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 5
www.DynamicEnvironmental.com • (877) 968-4787
For:
Critical Habitat Map
N
S
E W
No Critical Habitat Mapped in the Project Area
SITE
182
Informal Biological Assessment
I-81 Mini Storage Site
Frederick County, Virginia
Date: 12/12/2022 DEA No.: 22202012 Figure No.: 6
www.DynamicEnvironmental.com • (877) 968-4787
For:
Migratory Bird Flyway Map
N
S
E W
SITE
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184
185
186
187
22202012 DEA, Inc.
Photo 2 - View of the proposed project location, facing east.
Photo 1 - View of the proposed project location, facing north.
188
22202012 DEA, Inc.
Photo 4 - View of the proposed project location, facing west.
Photo 3 - View of the proposed project location, facing southeast.
189
22202012 DEA, Inc.
Photo 6 - View from the proposed project location, facing east.
Photo 5 - View from the proposed project location, facing north.
190
22202012 DEA, Inc.
Photo 8 - View from the proposed project location, facing west,
Photo 7 - View from the proposed project location, facing south.
191
22202012 DEA, Inc.
Photo 10 - View of the proposed access route, facing south.
Photo 9 - View of the proposed access route, facing north-northeast.
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Page 1 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Bat, Indiana Myotis sodalis Federal
Endangered
In hibernation, limestone caves with pools are preferred.
Hall (1962) noted that preferred caves are of medium
size with large, shallow passageways. Roosts usually are
in the coldest part of the cave. During the fall, when
these bats swarm and mate at their hibernacula, males
roost in trees nearby during the day and fly to the cave
during the night. In summer, habitat consists of wooded
or semiwooded areas, mainly along streams. Solitary
females or small maternity colonies bear their offspring in
hollow trees or under loose bark of living or dead trees
(Humphrey et al. 1977, Garner and Gardner 1992).
No Effect No habitat capable
of supporting this
species exists onsite
or in the general
area.
Bat,
northern
long-eared
Myotis
septentrionalis
Federal
Endangered
State
Threatened
This bat generally is associated with old-growth forests
composed of trees 100 years old or older. It relies on
intact interior forest habitat, with low edge-to-interior
ratios. Relevant late-successional forest features include
a high percentage of old trees, uneven forest structure
(resulting in multilayered vertical structure), single and
multiple tree-fall gaps, standing snags, and woody debris.
These late successional forest characteristics may be
favored for several reasons, including the large number
of partially dead or decaying trees that the species uses
for breeding, summer day roosting, andforaging. [Source:
USFWS 2011, which see for citations of further literature]
No Effect No habitat capable
of supporting this
species exists onsite
or in the general
area.
193
Page 2 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Falcon,
Peregrine
Falco
peregrinus
State
Threatened
Various open situations from tundra, steppe, moorlands,
and seacoasts, especially where there are suitable
nesting cliffs, to mountains, open forested regions, and
human population centers (AOU 1983). When not
breeding, occurs in areas where prey concentrate,
including farmlands, marshes, lakeshores, river mouths,
tidal flats, dunes and beaches, broad river valleys, cities,
and airports.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Shrike,
Loggerhead
Lanius
ludovicianus
State
Threatened
BREEDING: Open country with scattered trees and
shrubs, savanna, desert scrub (southwestern U.S.), and,
occasionally, open woodland; often perches on poles,
wires or fenceposts (Tropical to Temperate zones) (AOU
1983). Suitable hunting perches are an important part of
the habitat (Yosef and Grubb 1994). NON-BREEDING:
During periods of cold with snow cover, sometimes
moves into woodlots (Byrd and Johnston 1991). In winter
in Virginia, many move from pastures to shrub and open
forest habitats during periods of cold, wet weather
(Blumton et al. 1989).
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
194
Page 3 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Shrike,
Migrant
loggerhead
Lanius
ludovicianus
migrans
State
Threatened
Loggerhead shrike habitat consists of grasslands and
open, agricultural areas characterized by short vegetation
and scattered trees, shrubs or hedgerows for nesting
cover and hunting and lookout perches. This species
typically prefers pastures, old fields and orchards,
roadside fencerows, and native prairies and grasslands.
This bird also utilizes riparian areas and open woodlands
as well as agricultural fields with row crops (e.g., corn,
soybeans, etc.), mowed roadsides, parks, cemeteries
and golf courses.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Bat, Little
Brown
Myotis
lucifugus
State
Endangered
These bats use a wide range of habitats and often use
human-made structures for resting and maternity sites;
they also use caves and hollow trees. Foraging habitat
requirements are generalized; foraging occurs over
water, along the margins of lakes and streams, or in
woodlands near water. Winter hibernation sites (caves,
tunnels, abandoned mines, and similar sites) generally
have a relatively stable temperature of about 2-12 C (see
Kunz and Reichard 2010). Maternity colonies commonly
are in warm sites in buildings (e.g., attics) and other
structures; also infrequently in hollow trees. Microclimate
conditions suitable for raising young are relatively narrow,
and availability of suitable maternity sites may limit the
species' abundance and distribution.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
195
Page 4 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Butterfly,
Monarch
Donous
plexippus
Federal
Candidate
Habitat is a complex issue for this species. In general,
breeding areas are virtually all patches of milkweed in
North America and some other regions. The critical
conservation feature for North American populations is
the overwintering habitats, which are certain high altitude
Mexican conifer forests or coastal California conifer or
Eucalyptus groves as identified in literature. It appears
virtually all North American monarchs overwinter in one
of these two areas. Lethal cold would preclude
successful overwintering in places like the Gulf Coast
and much of Florida some years and it appears these are
not major wintering regions as used to be assumed. In
addition certain major coastal migratory stopovers may
be important conservation sites especially those in along
Delaware Bay in New Jersey including Cape May where
adults may holdover for several days awaiting suitable
conditions for crossing the Bay. There are major, but
probably less important, roosting sites farther north such
as east of New Haven and probably others farther south
perhaps even as far as Cuba. Coastal regions are
important flyways and so nectar (wild or in gardens) is an
important resource in such places. In places like Hawaii
and some others the species simply breeds year round
and is not really migratory.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
196
Page 5 of 5 DEA No.: 22202012
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Wren,
Bewick's
Thryomanes
bewickii
State
Endangered
In the west, found in many brushy or wooded habitats at
lower elevations, including undergrowth in woods of oak
and pine, streamside groves, chaparral, desert washes,
suburban areas. In the east (where now scarce), mostly
in brushy areas around the edges of woods.
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Turtle,
Wood
Glyptemys
insculpta
State
Threatened
heir habitats include rivers and large streams, riparian
forests (adjacent to rivers), wetlands, hayfields, and other
early successional habitats. Terrestrial habitat that is
usually within 1,000 feet of a suitable stream or river is
most likely used
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
Skipper,
Appalachian
grizzled
Pyrgus
wyandot
State
Threatened
The Appalachian grizzled skipper is found in open,
sparsely grassed and barren areas in close proximity
(usually less than 30 m) to oak or pine forests
No Effect No habitat capable
of supporting this
species exists within
the project site or on
the Parent Tract
property.
197
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 1 of 343448204344880434494043450004345060434512043451804344820434488043449404345000434506043451204345180746610746670746730746790746850746910746970747030747090747150747210
746610 746670 746730 746790 746850 746910 746970 747030 747090 747150 747210
39° 13' 15'' N 78° 8' 37'' W39° 13' 15'' N78° 8' 10'' W39° 13' 2'' N
78° 8' 37'' W39° 13' 2'' N
78° 8' 10'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 100 200 400 600
Feet
0 40 80 160 240
Meters
Map Scale: 1:2,910 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
198
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:15,800.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Frederick County, Virginia
Survey Area Data: Version 17, Aug 26, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Sep 23, 2020—Nov
3, 2020
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 2 of 3 199
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
8B Chilhowie silty clay loam, 2 to
7 percent slopes
0.2 0.7%
32B Oaklet silt loam, 2 to 7 percent
slopes
32.7 99.3%
Totals for Area of Interest 33.0 100.0%
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/12/2022
Page 3 of 3
200
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/4/2022 at 5:07 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
78°8'42"W 39°13'18"N
78°8'5"W 39°12'50"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
201
SOURCES
Project Name: VA031 I-81 Mini Storage
Project No.: 22202012
1. NatureServe Online database. Association for Biodiversity Information.
http://www.natureserve.org/
2. U.S. Fish & Wildlife Service, Environmental Conservation Online System.
http://ecos.fws.gov/ecos/indexPublic.do
3. U.S. Fish & Wildlife Service, IPaC - Information, Planning, and Conservation System
http://ecos.fws.gov/ipac/
4. Virginia Department of Conservation and Recreation: Natural Heritage Program.
http://www.dcr.virginia.gov/natural_heritage/index.shtml
5. Virginia Department of Game and Inland Fisheries Information Service
http://vafwis.org/fwis/
6. The Flora of North America. http://www.efloras.org/flora_page.aspx?flora_id=1
7. The Center for Plant conservation.
http://www.centerforplantconservation.org/collection/cpc_viewprofile.asp?CPCNum=
2466
202
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX IV. SECTION 106 REVIEW DOCUMENTATION
203
1
Virginia M. Janssen
From:towernotifyinfo@fcc.gov
Sent:Thursday, January 26, 2023 10:16 AM
To:SEC106
Subject:Section 106 Notification of SHPO/THPO Concurrence- Email ID #7981228
This is to notify you that the Lead SHPO/THPO has concurred with the following filing:
Date of Action: 01/26/2023
Direct Effect: No Adverse Effect on Historic Properties in APE
Visual Effect: No Effect on Historic Properties in APE
Comment Text: None
File Number: 0010338831
TCNS Number: 260517
Purpose: New Tower Submission Packet
Notification Date: 7AM EST 01/05/2023
Applicant: Diamond Towers V, LLC (22202012)
Consultant: Dynamic Environmental Associates, Inc.
Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No
Site Name: I-81 Mini Storage (VA031)
Site Address: 127 Mercedes Court
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Site Coordinates: 39-13-6.6 N, 78-8-21.8 W
City: Winchester
County: FREDERICK
State:VA
Lead SHPO/THPO: Virginia Department of Historic Resources
NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE
Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic
Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure
under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose.
Appropriate action will be taken with respect to any misuse of the system.
204
1
Brian Schneider
From:towernotifyinfo@fcc.gov
Sent:Wednesday, January 4, 2023 12:16 PM
To:SEC106
Subject:Section 106 New Filing Submitted- Email ID #7882585
The following new Section 106 filing has been submitted:
File Number: 0010338831
TCNS Number: 260517
Purpose: New Tower Submission Packet
Notification Date: 7AM EST 01/05/2023
Applicant: Diamond Towers V, LLC (22202012)
Consultant: Dynamic Environmental Associates, Inc.
Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No
Site Name: I-81 Mini Storage (VA031)
Site Address: 127 Mercedes Court
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Site Coordinates: 39-13-6.6 N, 78-8-21.8 W
City: Winchester
County: FREDERICK
State:VA
Lead SHPO/THPO: Virginia Department of Historic Resources
Consultant Contact Information:
Name: Dynamic Environmental Associates, Inc.
Title: Principal Archaeologist
PO Box:
Address: 3850 Lake Street Suite C
City: Macon
State: GA
Zip: 31204
Phone: 877-968-4787
Fax:
Email: Sec106@DynamicEnvironmental.com
NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE
Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic
Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure
under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose.
Appropriate action will be taken with respect to any misuse of the system.
205
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: timothy.youmans@winchesterva.gov
December 1, 2022
Mr. Tim Youmans
City of Winchester Planning
Rouss City Hall
15 North Cameron Street, Suite 318
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Mr. Youmans:
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
206
Mr. Youmans
City of Winchester Planning -2- December 1, 2022
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
207
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: mkalbian@verizon.net; portal
December 1, 2022
Ms. Maral Kalbian
Frederick County Historic Resources Advisory Board
107 N. Kent St.
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Ms. Kalbian:
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
208
Ms. Kalbian
Frederick County Historic Resources Advisory Board
-2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
209
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email & U.S. Mail
Email: portal
December 1, 2022
To Whom it May Concern
Winchester-Frederick County Historical Society
Hollingsworth Mill
1340 S. Pleasant Valley Road
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by
Parcel # 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a
new telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
210
Winchester-Frederick County Historical Society
-2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
211
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Info@VirginiaHistory.org
December 1, 2022
To Whom it May Concern
Virginia Museum of History and Culture
PO Box 7311
Richmond, VA 23221
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
212
Virginia Museum of History and Culture -2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
213
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Friday, December 2, 2022 10:02 AM
To:SEC106
Subject:Re: DEA# 22202012 - I-81 Mini Storage Site - City of Winchester Planning - Invitation to
Comment
TCS Anti-Phishing Security
Warning: Sender Timothy.Youmans@winchesterva.gov is not yet trusted by your organization.
Please be careful before replying or clicking on the URLs.
powered by Graphus®
No comment from the City of Winchester.
Thanks
Tim
Sent from my iPhone
On Dec 1, 2022, at 1:35 PM, SEC106 <sec106@dynamicenvironmental.com> wrote:
Good afternoon,
I am writing to invite you to comment on a telecommunications project planned to take place in
Winchester, Frederick County, VA.
We welcome any input you have on the historic or cultural value of the location of the proposed project.
Please see the attached letter and project information for additional details. You may reply by email to
this address or by mail to the return address provided below,
Thank you,
Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street, Suite C
Macon, GA 31204
Phone: (478) 745-7740
Fax: (478) 745-7415
Toll Free: (877) 968-4787
Email: jklima@dynamicenvironmental.com
Website: http://DynamicEnvironmental.com
<22202012 - 106 - ITC - City - 120122.pdf>
214
215
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX V. NATIVE AMERICAN CONSULTATION
DOCUMENTATION
216
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Tribal Consultation Summary Table
217
DEA No. Client No.TCNS No. TCNS NOO
22202012 VA031 I-81 Mini Storage 260517 12/23/22
Email/ Other Regular Mail Email/ Other Regular Mail
TCNS
Escalation
Manual
Escalation
FCC Final
Contact
Gov 2 Gov
Consultation Date Type
Bad River Band of Lake Superior Chippewa Indians NA NA NA NA NA NA NA NA 01/22/23 30 Day No Response
Catawba Indian Nation NA 01/05/23 NA 01/17/23 NA NA NA NA 02/02/23 Tribal Response
Cherokee Nation 01/05/23 NA NA NA NA NA NA NA 01/05/23 Tribal Response
Chickahominy Indian Tribe 01/05/23 NA 01/17/23 NA 02/06/23 NA 02/09/23 NA 02/24/23 FCC Escalation
Delaware Nation 01/05/23 NA 01/17/23 NA 02/06/23 NA 02/09/23 NA 02/24/23 FCC Escalation
Eastern Shawnee Tribe of Oklahoma NA NA NA NA NA NA NA NA 01/04/23 Tribal Response
Monacan Indian Nation 01/05/23 NA NA NA NA NA NA NA 01/10/23 Tribal Response
Nansemond Indian Tribe 01/05/23 NA 01/17/23 NA 02/06/23 NA 02/09/23 NA 02/24/23 FCC Escalation
Pamunkey Indian Tribe NA NA NA NA NA NA NA NA 01/22/23 30 Day No Response
Prairie Island Indian Community NA NA NA NA NA NA NA NA 01/22/23 30 Day No Response
Rappahannock Tribe 01/05/23 NA 01/17/23 NA 02/06/23 NA 02/09/23 NA 02/24/23 FCC Escalation
The Upper Mattaponi Indian Tribe 01/05/23 NA 01/17/23 NA 02/06/23 NA 02/09/23 NA 02/24/23 FCC Escalation
Tuscarora Nation NA NA NA NA NA NA NA NA 01/22/23 30 Day No Response
Site Name
Tribal Consultation Summary
TRIBAL NATION
INITIAL OUTREACH (Form
620/621 or Alternate
Submission Package)
FOLLOW UP OUTREACH FCC ESCALATION TRIBAL CONSULTATION COMPLETE
218
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Tower Construction Notification System (TCNS) Documentation
219
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Tuesday, December 20, 2022 1:31 PM
To:NATC
Subject:Proposed Tower Structure Info - Email ID #8407313
Dear Dynamic Environmenta Associates Inc,
Thank 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: 12/20/2022
Notification ID: 260517
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above mean sea level
220
Refe
rence
Copy
FEDERAL COMMUNICATIONS COMMISSION
Wireless Telecommunications Bureau
1270 Fairfield Road
Gettysburg, PA 17325-7245
NOTICE OF ORGANIZATION(S) WHICH WERE SENT
PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION
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 VII.A 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-recognized 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).
FCC 680
July 2018
DIAMOND TOWERS V LLC
3850 LAKE STREET
SUITE C
MACON, GA 31204
Date: 12/23/2022
Reference Number:
Page 1 of 6
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1. Historic Preservation Director - Erin Paden - Delaware Nation - 31064 State Highway 281 (PO Box: 825) - Anadarko,
OK - banderson@delawarenation-nsn.gov; epaden@delawarenation-nsn.gov - 405-247-2448 (ext: 1403) - electronic mail
Details: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation
procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email
subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster
with this information.
2. TCNS Rep - Bryan Printup - Tuscarora Nation - 5226 Walmore 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.
3. THPO - Noah White - Prairie Island Indian Community - 5636 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 law.
4. 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.
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 2
FCC 680
July 2018
Page 2 of 6
222
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Copy
5. - Gwen Terrapin - Cherokee Nation - (PO Box: 948) - Tahlequah, OK - historicpreservation@cherokee.org;
gwen-terrapin@cherokee.org - 918-772-4165 - electronic mail
Details: Please email all review documents for FCC Form 620/621 (i.e. archeologist report, photos, 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
6. 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
Details: 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: CellTower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
Provide a 1-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.
7. THPO and Executive Director - Dr. Wenonah Haire - Catawba Indian Nation - 1387 Meadow Lakes Road Catawba
Cultural Center - Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803-417-9057 -
regular mail
Details: 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
Rock Hill, SC 29730
Please submit by US Postal mail or other parcel carrier complete information for all telecommunication projects:
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 3
FCC 680
July 2018
Page 3 of 6
223
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Copy
1. Please provide 1 page cover letter 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@ccppcrafts.com
8. Chief - Robert Gray - Pamunkey Indian Tribe - 1054 Pocahontas Trail - King William, VA -
robert.gray@pamunkey.org; pamunkeytribe@pamunkey.org - 804-843-2452 - electronic mail
If the applicant/tower builder receives no response from the Pamunkey Indian Tribe within 30 days after notification
through TCNS, the Pamunkey Indian Tribe has no interest in participating in pre-construction review for the proposed
site. The Applicant/tower builder, however, must immediately notify the Pamunkey Indian Tribe in the event
archaeological properties or human remains are discovered during construction, consistent with Section IX of the
Nationwide Programmatic Agreement and applicable law.
9. Program Manager - Ellen Chapman - Cultural Heritage Partners - 5036 Indian Neck Road - Richmond, VA -
ellen@culturalheritagepartners.com - 804-769-0260 - electronic mail
10. Chief - Kenneth Branham - Monacan Indian Nation - 111 Highview Dr - Madison Heights, VA -
Consultation@MonacanNation.com; Kaleigh@MonacanNation.com - 434-473-1029 - electronic mail
11. Chief - Stephen Adkins - Chickahominy Indian Tribe - 7240 Adkins Road - Charles City, VA -
stephen.adkins@chickahominytribe.org - 804-829-5548 - electronic mail
12. Chief - W. Frank Adams - The Upper Mattaponi Indian Tribe - - King William, VA - wfrankadams@verizon.net -
804-690-1694 - electronic mail
13. Chief - Keith Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane - Suffolk, VA - chief@nansemond.org;
assistantchief@nansemond.org - 757-619-0670 - electronic mail
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 4
FCC 680
July 2018
Page 4 of 6
224
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Copy
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 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
VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA.
14. 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
15. Deputy SHPO - David Brook - Historic Preservation Office - 4610 Mail Service Center - Raleigh, NC -
david.brook@ncmail.net - 919-807-7283 - electronic mail
16. Manager - Office of Review & Compliance - Ethel Eaton - Department of Historic Resources - 2801 Kensington
Avenue - Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail
17. Deputy SHPO - Susan 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
18. 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
19. 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 proposed communications facilities construction 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 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:
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 5
FCC 680
July 2018
Page 5 of 6
225
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Copy
Notification Received: 12/20/2022
Notification ID: 260517
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
P.O. Box:
Street Address: 3850 Lake Street Suite C
City: Macon
State: GA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project (Optional): The proposed project will include the development of a new
telecommunications tower facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above sea level
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 a.m. to 7:00 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
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 6
FCC 680
July 2018
Page 6 of 6
226
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Native American Tribal Consultation Documentation
227
February 2, 2023
Attention: Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street
Macon, Georgia 31204
Re. THPO # TCNS # Project Description
2023-156-1 260517 127 Mercedes Court – Winchester, Frederick Co., VA
Dear Ms. Klima,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
Caitlin.Rogers@catawba.com.
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer
Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
228
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: U.S. Mail
January 17, 2023
Dr. Wenonah G. Haire
Catawba Indian Nation
1536 Tom Steven Road CIN-THPO
Rock Hill, South Carolina 29730
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Dr. Haire:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
229
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: U.S. Mail
January 5, 2023
Dr. Wenonah G. Haire
Catawba Indian Nation
1536 Tom Steven Road CIN-THPO
Rock Hill, South Carolina 29730
Re: Section 106- Project Consultation Request
Dear Dr. Haire:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
230
Dr. Haire
Catawba Indian Nation -2- January 5, 2023
cultural significance to them may be affected by the undertaking1. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
1 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
231
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
232
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Thursday, January 5, 2023 5:20 PM
To:NATC
Cc:tcns.fccarchive@fcc.gov; historicpreservation@cherokee.org; gwen-
terrapin@cherokee.org
Subject:Reply to Proposed Tower Structure (Notification ID: 260517) - Email ID #8423356
Dear Dynamic Environmenta Associates Inc,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS).
The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower
construction notification that you had submitted through the TCNS.
The following message has been sent to you from Gwen Terrapin of the Cherokee Nation in reference to Notification ID
#260517:
We have no interest in this site. However, if the Applicant discovers archaeological remains or resources during
construction, the Applicant should immediately stop construction and notify the appropriate Federal Agency and the
Tribe.
For your convenience, the information you submitted for this notification is detailed below.
Notification Received: 12/20/2022
Notification ID: 260517
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
233
2
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above mean sea level
234
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: historicpreservation@cherokee.org; gwen-terrapin@cherokee.org
January 5, 2023
Ms. Gwen Terrapin
Cherokee Nation
PO Box: 948
Tahlequah, Oklahoma 74464
Re: Section 106- Project Consultation Request
Dear Ms. Terrapin:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
235
Ms. Terrapin
Cherokee Nation -2- January 5, 2023
cultural significance to them may be affected by the undertaking2. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
2 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
236
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
237
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: stephen.adkins@chickahominytribe.org
January 17, 2023
Mr. Stephen Adkins
Chickahominy Indian Tribe
7240 Adkins Road
Charles City, Virginia 23030
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Mr. Adkins:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
238
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: stephen.adkins@chickahominytribe.org
January 5, 2023
Mr. Stephen Adkins
Chickahominy Indian Tribe
7240 Adkins Road
Charles City, Virginia 23030
Re: Section 106- Project Consultation Request
Dear Mr. Adkins:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
239
Mr. Adkins
Chickahominy Indian Tribe -2- January 5, 2023
cultural significance to them may be affected by the undertaking3. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
3 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
240
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
241
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: tmartinez@delawarenation-nsn.gov; banderson@delawarenation-nsn.gov;
epaden@delawarenation-nsn.gov
January 17, 2023
Ms. Tiffany Martinez
Delaware Nation
31064 State Highway 281,
PO Box:825
Anadarko, Oklahoma 73005
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Ms. Martinez:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
242
The Delaware Nation
Historic Preservation Department
31064 State Highway 281
Anadarko, OK 73005
Phone (405)247-2448
To Whom It May Concern:
The Delaware Nation Historic Preservation Department recently received correspondence
regarding the review of a proposed wireless communications facility deployment from your
company.
Our office is committed to protecting tribal heritage, culture and religion with particular concern
for archaeological sites potentially containing burials and associated funerary objects. The
Lenape people occupied the area indicated in your letter during and prior to European contact
until their eventual removal to our present locations.
We would like to accept your invitation for consultation. Attached to this letter is a fee schedule
and invoice reflective of the proposed TCNS project review. This letter does not constitute
consultation or review of your project. Please advise if you would like Delaware Nation to
proceed with the review by sending payment along with the project information.
We appreciate your cooperation in contacting the Delaware Nation Historic Preservation Office
to conduct proper Section 106 consultation. Should you have any questions, feel free to contact
our offices at 405-247-2448 ext. 1403.
Please note the Delaware Nation, the Delaware Tribe of Indians, and the Stockbridge Munsee
Band of Mohican Indians are the only Federally Recognized Delaware/Lenape entities in the
United States and consultation must be made only with designated staff of these three tribes.
Carissa SpeckDirector of Historic Preservation Delaware Nation 31064 State Highway 281 Anadarko, OK 73005 Ph. 405-247-2448 ext. 1403cspeck@delawarenation-nsn.gov
Carissa Speck
243
Delaware Nation
Historic Preservation Department
31064 State Highway 281
P.O. Box 825
Anadarko, OK 73005
Phone (405) 247-2448
If you have any questions about this invoice, please contact
Carissa Speck, (405) 247-2448 ext. 1403, cspeck@delawarenation-nsn.gov
TCNS Review Fee Schedule:
$1,000 for new towers 50 ft and over
$ 500 for collocates
$ 500 for small cell deployment
244
Delaware Nation
Historic Preservation Department
31064 State Highway 281
P.O. Box 825
Anadarko, OK 73005
Phone (405) 247-2448
DESCRIPTION AMOUNT
Thank you for your business!TOTAL
TCNS #
Date BilledInvoice
Bill To:
If you have any questions about this invoice, please contact
Carissa Speck, (405) 247-2448 ext. 1403, cspeck@delawarenation-nsn.gov
245
1
Julia Klima
From:Tiffany Martinez <tmartinez@delawarenation-nsn.gov>
Sent:Thursday, January 5, 2023 9:37 AM
To:Julia Klima
Subject:TCNS 260517
Attachments:DEA TCNS#260517.pdf
TCS Anti-Phishing Security
Warning: Sender tmartinez@delawarenation-nsn.gov is not yet trusted by your organization.
Please be careful before replying or clicking/downloading the attachment.
powered by Graphus®
Good Morning,
Please find an invitation to consult and invoice, Thank you!
Wanishi,
Tiffany Martinez
TCNS Coordinator
Delaware Nation
P.O. Box 825
Anadarko, Ok 73005
(405)247-2448 Ext. 1407
tmartinez@delawarenation-nsn.gov
246
2
CONFIDENTIALITY NOTE:
This e-mail (including attachments) may be privileged and is confidential information covered by the Electronic
Communications Privacy Act 18 U.S.C. 2510-2521 and any other applicable law, and is intended only for the use of the
individual or entity named herein. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, you are hereby notified that any retention, dissemination, distribution
or copying of this communication is strictly prohibited. Although this e-mail and any attachments are believed to be free
of any virus or other defect that might affect any computer system in to which it is received and opened, it is the
responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Delaware Nation or the
author hereof in any way from its use. If you have received this communication in error, please immediately notify us by
return e-mail. Thank you.
247
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: tmartinez@delawarenation-nsn.gov; banderson@delawarenation-nsn.gov;
epaden@delawarenation-nsn.gov
January 5, 2023
Ms. Tiffany Martinez
Delaware Nation
31064 State Highway 281,
PO Box:825
Anadarko, Oklahoma 73005
Re: Section 106- Project Consultation Request
Dear Ms. Martinez:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
248
Ms. Martinez
Delaware Nation -2- January 5, 2023
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking4. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
4 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
249
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
250
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Wednesday, January 4, 2023 12:26 PM
To:NATC
Cc:tcns.fccarchive@fcc.gov
Subject:Reply to Proposed Tower Structure (Notification ID: 260517) - Email ID #8422187
Dear Dynamic Environmenta Associates Inc,
Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS).
The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower
construction notification that you had submitted through the TCNS.
The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the Eastern Shawnee Tribe of
Oklahoma in reference to Notification ID #260517:
The Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma (ESTO) has received the
documentation for the referenced TCNS project. ESTO has reviewed the project in accordance with Section 106 of the
National Historic Preservation Act (NHPA). Based on the information provided and a review of our records, we find that
this project will have No Adverse Effect on properties of sacred and/or cultural significance to the Tribe. The project site
is within the known regional area of the Shawnee prehistorically and historically, be aware of inadvertent discoveries.
However, ESTO has no objection to the project proceeding as described. Please note that any future changes to this
project will require additional consultation.
In accordance with the NHPA of 1966 (16 U.S.C. § 470-470w-6), federally funded, licensed, or permitted undertakings
that are subject to the Section 106 review process must determine effects to significant historic properties. As clarified
in Section 101(d)(6)(A-B), historic properties may have religious and/or cultural significance to Indian Tribes. Section 106
of NHPA requires Federal agencies to consider the effects of their actions on all significant historic properties (36 CFR
Part 800) as does the National Environmental Policy Act of 1969 (43 U.S.C. § 4321-4347 and 40 CFR § 1501.7(a).
However, if during construction cultural objects or human remains are inadvertently discovered, please stop work
immediately and contact the Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma. (918)238-
5151 x1861
Niyaawe,
Kelly Nelson
Cell Tower Coordinator
Eastern Shawnee Tribe of Oklahoma
For your convenience, the information you submitted for this notification is detailed below.
251
2
Notification Received: 12/20/2022
Notification ID: 260517
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above mean sea level
252
1
Julia Klima
From:Kaleigh Pollak <kaleigh.monacan@gmail.com>
Sent:Tuesday, January 10, 2023 12:51 PM
To:NATC; Julia Klima
Subject:Re: FW: TCNS # 260517 – FCC Form Submission - Monacan Indian Nation
Follow Up Flag:Follow up
Flag Status:Flagged
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Warning: Sender kaleigh.monacan@gmail.com has never sent any emails to your organization.
Please be careful before replying or clicking on the URLs.
powered by Graphus®
Good Afternoon,
Thank you for contacting us about the proposed project. The Monacan Indian Nation is a federally
recognized sovereign tribe, headquartered on Bear Mountain in Amherst County. Citizens of the
Nation are descended from Virginia and North Carolina Eastern Siouan cultural and linguistic
groups, and our ancestral territory includes Virginia west of the fall line of the rivers, sections of
southeastern West Virginia, and portions of northern North Carolina. At this time, the active
Monacan consultation areas include:
Virginia: Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland,
Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpepper, Cumberland,
Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Goochland, Grayson, Greene, Halifax,
Henry, Highland, Lee, Loudoun, Louisa, Madison, Mecklenburg, Montgomery, Nelson, Orange,
Page, Patrick, Pittsylvania, Powhatan, Prince Edward, Pulaski, Rappahannock, Roanoke,
Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington,
Wise, and Wythe Counties, and all contiguous cities.
West Virginia: Greenbrier, Mercer, Monroe, Pendleton, Pocahontas, and Summers Counties.
North Carolina: Alamance, Caswell, Granville, Orange, Person, Rockingham, Vance, and Warren
Counties.
At this time, the Nation does not wish to actively participate in this consultation project, because:
This project is outside our ancestral territory
X The project’s impacts are anticipated to be minimal
The project is more closely related to _____, which should be contacted to
participate in consultation
The tribal office does not currently have the capacity to participate in this project
Other:
253
2
However, the Nation requests to be contacted if:
· Sites associated with native history may be impacted by this project;
· Adverse effects associated with this project are identified;
· Human remains are encountered during this project;
· Unanticipated native cultural remains are encountered during this project;
· Other tribes consulting on this project cease consultation; or
· The project size or scope becomes larger or more potentially destructive than currently
described.
Please do not make any assumptions about future consultation interests based on this decision, as
priorities and information may change. We request that you send any future consultation
communications in electronic form to Consultation@MonacanNation.com. We appreciate your
outreach to the Monacan Indian Nation and look forward to working with you in the future.
Kaleigh Pollak
On Thu, Jan 5, 2023 at 8:56 AM Tribal Office < TribalOffice@monacannation.com> wrote:
Thank you,
Amie Parra
Administrative Assistant
Monacan Indian Nation
O: (434) 363-4864
D: (434) 300-5054
111 Highview Drive
Madison Heights, VA 24572
254
3
NOTICE OF CONFIDENTIALITY
This e-mail message and its attachments (if any) are intended solely for
the use of the addressee hereof. In addition, this message and the
attachments (if any) may contain information that is confidential,
privileged and exempt from disclosure under applicable law. Unless you
are the addressee (or authorized to receive for the addressee), you are
prohibited from reading, disclosing, reproducing, distributing,
disseminating or otherwise using this transmission. Delivery of this
message to any person other than the intended recipient is not intended
to waive any right or privilege. If you have received this message in
error, please promptly notify the sender by reply e-mail and immediately
delete this message from your system. Thank you.
From: NATC <NATC@dynamicenvironmental.com>
Sent: Thursday, January 5, 2023 8:29 AM
To: Consultation <Consultation@monacannation.com>; Kaleigh Pollak <Kaleigh@monacannation.com>
Subject: TCNS # 260517 – FCC Form Submission - Monacan Indian Nation
Good morning,
We trust this finds you and yours healthy and safe. Please find attached a cover letter and associated FCC Form 620 for
the referenced undertaking.
We look forward to your response.
255
4
Thank you much.
Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street, Suite C
Macon, GA 31204
Phone: (478) 745-7740
Fax: (478) 745-7415
Toll Free: (877) 968-4787
Email: jklima@dynamicenvironmental.com
Website: http://DynamicEnvironmental.com
256
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Consultation@MonacanNation.com; Kaleigh@MonacanNation.com
January 5, 2023
Mr. Kenneth Branham
Monacan Indian Nation
111 Highview Dr
Madison Heights, Virginia 24572-2712
Re: Section 106- Project Consultation Request
Dear Mr. Branham:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
257
Mr. Branham
Monacan Indian Nation -2- January 5, 2023
cultural significance to them may be affected by the undertaking5. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
5 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
258
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
259
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: chief@nansemond.org; assistantchief@nansemond.org
January 17, 2023
Mr. Keith Anderson
Nansemond Indian Tribe
5005 Mosey Way
Virginia Beach, Virginia 23455
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Mr. Anderson:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
260
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: chief@nansemond.org; assistantchief@nansemond.org
January 5, 2023
Mr. Keith Anderson
Nansemond Indian Tribe
5005 Mosey Way
Virginia Beach, Virginia 23455
Re: Section 106- Project Consultation Request
Dear Mr. Anderson:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
261
Mr. Anderson
Nansemond Indian Tribe -2- January 5, 2023
cultural significance to them may be affected by the undertaking6. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
6 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
262
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
263
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: ellen@culturalheritagepartners.com; rapn8n@gmail.com
January 17, 2023
Ms. Ellen Chapman
Rappahannock Tribe c/o Cultural Heritage Partners
1811 East Grace St, Suite A
Richmond, Virginia 23223
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Ms. Chapman:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
264
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: ellen@culturalheritagepartners.com; rapn8n@gmail.com
January 5, 2023
Ms. Ellen Chapman
Rappahannock Tribe
1811 East Grace St Suite A
Richmond, Virginia 23223
Re: Section 106- Project Consultation Request
Dear Ms. Chapman:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
265
Ms. Chapman
Rappahannock Tribe -2- January 5, 2023
cultural significance to them may be affected by the undertaking7. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
7 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
266
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
267
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: wfrankadams@verizon.net
January 17, 2023
Mr. W. Frank Adams
The Upper Mattaponi Indian Tribe
PO Box: 184
King William, Virginia 23086
Re: Section 106 Consultation Request Follow Up
Diamond Communications
I-81 Mini Storage Site (No.: VA031)
DEA No.: 22202012
TCNS No.: 260517
Dear Mr. Adams:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on December 23, 2022. Dynamic Environmental
Associates, Inc. (DEA) submitted a complete copy of the FCC Submission Packet for
your review on January 5, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202012
268
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: wfrankadams@verizon.net
January 5, 2023
Mr. W. Frank Adams
The Upper Mattaponi Indian Tribe
PO Box: 184
King William, Virginia 23086
Re: Section 106- Project Consultation Request
Dear Mr. Adams:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 260517
DEA Project No.: 22202012
Site Name & No.: I-81 Mini Storage, VA031
Applicant: Diamond Communications
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel
area where a tower compound will be constructed.
The approximately 3.57 acre Parent Tract is identified
by Parcel # 43-A-52.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
fenced equipment compound and a 140' tall
monopole tower.
Following guidance provided by the FCC, we are submitting the Form 621 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
269
Mr. Adams
The Upper Mattaponi Indian Tribe -2- January 5, 2023
cultural significance to them may be affected by the undertaking8. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202012
8 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
270
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
271
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Native American Tribal Referral Documentation
272
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Monday, February 6, 2023 8:43 AM
To:NATC
Subject:Confirmation - Referral of a Proposed Tower Construction Notification - Email ID #
8447216
Dear Dynamic Environmenta Associates Inc,
Your referral of a proposed tower structure notification has been successfully submitted via the Tower Construction
Notification System. The Federal Communications Commission (FCC) will be processing this referral for purposes of
contacting federally recognized Indian Tribes, including Alaska Native Villages, and Native Hawaiian Organizations as
specified by Section IV.G of the Nationwide Programmatic Agreement and the Wireless Infrastructure Second Report
and Order dated March 30, 2018. You will receive a Proposed Construction of Communications Facilities Notification of
Final Contacts when the FCC has completed processing this referral. Below are the details you provided in the referral of
the tower you have proposed to construct:
Notification Received: 12/20/2022
Notification Referred: 02/06/2023
Notification ID: 260517
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The proposed project will include the developmen t of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above mean sea level
273
2
Entities Who Have Not Responded:
Delaware Nation
Contact Date: 12/22/2022
Cultural Heritage Partners
Contact Date: 12/22/2022
Chickahominy Indian Tribe
Contact Date: 12/22/2022
The Upper Mattaponi Indian Tribe
Contact Date: 12/22/2022
Nansemond Indian Tribe
Contact Date: 12/22/2022
**Note that the FCC will assign a unique Notification ID number for a site where the initial contact was not made
through TCNS. You will need to reference this Notification ID number when you update your project's Status with us.
274
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Thursday, February 9, 2023 9:01 AM
To:NATC
Cc:tcnsweekly@fcc.gov
Subject:Proposed Construction of Communications Facilities Notification of Final Contacts -
Email ID #33438
Diamond Towers V LLC
Dynamic Environmenta Associates Inc
3850 Lake Street
Suite C
Macon, GA 31204
Dear Applicant:
This letter addresses the proposed communications facilities listed below that you have referred to the Federal
Communications Commission (Commission) for purposes of contacting federally recognized Indian Tribes, including
Alaska Native Villages (collectively Indian Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G
of the Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the Commission's
Wireless Infrastructure Second Report and Order (1), we have contacted the Indian Tribes or NHOs identified in the
attached Table for the projects listed in the attached Table. You referred these projects to us between 02/02/2023 and
02/09/2023. Our contact with these Tribal Nations or NHOs was sent on 02/09/2023.
Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or Commission staff do not
receive a statement of interest regarding a particular project from any Tribe or NHO within 15 calendar days of
02/09/2023, your obligations under Section IV of the NPA with respect to these Tribal Nations or NHOs are complete. If
a Tribal Nation or NHO responds that it has concerns about a historic property of traditional religious and cultural
significance that may be affected by the proposed construction within the 15 calendar day period, the Applicant must
involve it in the review as set forth in the NPA, and may not begin construction until the process set forth in the NPA is
completed.
You are reminded that Section IX of the NPA imposes independent obligations on an Applicant when a
previously unidentified site that may be a historic property, including an archeological property, is discovered during
construction or after the completion of review. In such instances, the Applicant must cease construction and promptly
notify, among others, any potentially affected Tribal Nation or NHO. A Tribal Nation's or NHO's failure to express interest
in participating in pre-construction review of an undertaking does not necessarily mean it is not interested in
archeological properties or human remains that may inadvertently be discovered during construction. Hence, an
Applicant is still required to notify any potentially affected Tribal Nation or NHO of any such finds pursuant to Section IX
or other applicable law.
Sincerely,
Jill Springer
Federal Preservation Officer
Federal Communications Commission
jill.springer@fcc.gov
_______________________________________
1) See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Deployment, Second Report
and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second Report and Order).
275
2
2) See id. at paras. 111-112.
LIST OF PROPOSED COMMUNICATIONS TOWERS
TCNS# 260517 Referred Date: 02/06/2023 Location: 127 Mercedes Court, Winchester, VA
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Tribe Name: Chickahominy Indian Tribe
Tribe Name: Cultural Heritage Partners
Tribe Name: Delaware Nation
Tribe Name: Nansemond Indian Tribe
Tribe Name: The Upper Mattaponi Indian Tribe
LEGEND:
* - Notification numbers are assigned by the Commission staff for sites where initial contact was not made through
TCNS.
276
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX VI. FCC FORM 620
277
SECTION 106 REVIEW
FCC FORM 620
PREPARED BY:
www.DynamicEnvironmental.com (877) 968-4787EXPERIENCE COMMITMENT QUALITY INNOVATION
I-81 Mini Storage Site
127 Mercedes Court
Winchester, Frederick County, VA
Site No.: VA031
DEA No. 22202012
January 4, 2023
PREPARED FOR:
820 Morris Turnpike, Suite 104
Short Hills, NJ 07078
278
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
TABLE OF CONTENTS
FCC Form 620 (New Tower Submission Packet)
Attachments
I. Personnel Resumes
II. Additional Site Information
III. Tribal Involvement
IV. Areas of Potential Effect
V. Identification of Historic Properties & Assessment of Direct Effects
VI. Identification of Historic Properties & Assessment of Visual Effects
VII. Local Government Involvement
VIII. Other Consulting Parties & Public Involvement
IX. Photographs
X. Figures
XI. Bibliography
279
FCC Form FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039
Notification Date: See instructions for
File Number: public burden estimates
General Information
1) (Select only one) ( )
NE – New UA – Update of Application WD – Withdrawal of Application
2) If this application is for an Update or Withdrawal, enter the file number of the pending application
currently on file. File Number:
Applicant Information
3) FCC Registration Number (FRN):
4) Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Contact Information
10) P.O. Box: And
/Or 11) Street Address:
12) City: 13) State: 14) Zip Code:
15) Telephone Number: 16) Fax Number:
17) E-mail Address:
Consultant Information
18) FCC Registration Number (FRN):
19) Name:
Principal Investigator
20) First Name: 21) MI: 22) Last Name: 23) Suffix:
24) Title:
Principal Investigator Contact Information
25) P.O. Box: And
/Or 26) Street Address:
27) City: 28) State: 29) Zip Code:
30) Telephone Number: 31) Fax Number:
32) E-mail Address:
Diamond Towers V, LLC (22202012)
0027173103
Donna Mele-Parolari
Regulatory Compliance Analyst
820 Morris Turnpike Suite 104
Short Hills NJ 07078
(877)968-4787
0012585485
Dynamic Environmental Associates, Inc.
Sec106@dynamicenvironmental.com
Brian Schneider R
Principal Archaeologist
3850 Lake Street Suite C
Macon GA 31204
(877)968-4787
Sec106@DynamicEnvironmental.com
1 of 20
NE
620
FCC Form 620
New Tower (NT) Submission Packet
0010338831
7AM EST 01/05/2023
May 2014
280
Professional Qualification
33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( ) Yes ( ) No
34) Areas of Professional Qualification:
( ) 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 ( ) No
If “YES,” complete the following:
X
X
X
36) First Name: 37) MI: 38) Last Name: 39) Suffix:
40) Title:
41) Areas of Professional Qualification:
( ) Archaeologist
( ) Architectural Historian
( ) Historian
( ) Architect
( ) Other (Specify) ____________________________________________________________________________________________
Jennifer L Boggs
X
Architectural Historian
2 of 20 FCC Form 620
May 2014
281
Site Information
Tower Construction Notification System
1) TCNS Notification Number:
Site Information
2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( ) No
3) Site Name:
4) Site Address:
5) Detailed Description of Project:
6) City: 7) State: 8) Zip Code:
9) County/Borough/Parish:
10) Nearest Crossroads:
11) NAD 83 Latitude (DD-MM-SS.S): ( ) N or ( ) S
12) NAD 83 Longitude (DD-MM-SS.S): ( ) E or ( ) W
Tower Information
13) Tower height above ground level (include top-mounted attachments such as lightning rods): ___________________ ( ) Feet ( ) Meters
14) Tower Type (Select One):
( ) Guyed lattice tower
( ) Self-supporting lattice
( ) Monopole
( ) Other (Describe):
Project Status
15) Current Project Status (Select One):
( ) Construction has not yet commenced
( ) Construction has commenced, but is not completed Construction commenced on: _______________
( ) Construction has been completed Construction commenced on: _______________
Construction completed on: _______________
260517
I-81 Mini Storage (VA031)
127 Mercedes Court
Winchester VA
FREDERICK
22603
39-13-06.6
078-08-21.8
X
X
42.7 X
3 of 20
X
X
FCC Form 620
Welltown Road
May 2014
Welltown Road
The proposed project will include the development of a new telecommunications tower facility, including a fenced
equipment compound and a 140ft tall monopole tower. 22202012
X
282
Determination of Effect
14) Direct Effects (Select One):
( ) 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):
( ) 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 20
X
X
FCC Form 620
May 2014
283
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Bad River Band of Lake Superior Tribe of Chippewa Indians
12/21/2022
X
Edith Leoso
THPO
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Catawba Indian Nation
12/22/2022
X
Dr. Wenonah Haire DMDG
THPO and Executive Director
5 of 20 FCC Form 620
May 2014
284
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Cherokee Nation
12/21/2022
X
Gwen Terrapin
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Chickahominy Indian Tribe
12/21/2022
X
Stephen Adkins
Chief
6 of 20 FCC Form 620
May 2014
285
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Cultural Heritage Partners
12/21/2022
X
Ellen Chapman
Program Manager
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Delaware Nation
12/21/2022
X
Erin Paden
Historic Preservation Director
7 of 20 FCC Form 620
May 2014
286
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Eastern Shawnee Tribe of Oklahoma
12/22/2022
X
Kelly Nelson
Cell Tower Coordinator
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Monacan Indian Nation
12/21/2022
X
Kenneth Branham W
Chief
8 of 20 FCC Form 620
May 2014
287
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Nansemond Indian Tribe
12/21/2022
X
Keith Anderson
Chief
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Pamunkey Indian Tribe
12/21/2022
X
Robert Gray
Chief
9 of 20 FCC Form 620
May 2014
288
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Prairie Island Indian Community
12/21/2022
X
Noah White IIIC
THPO
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
The Upper Mattaponi Indian Tribe
12/21/2022
X
W. Frank Adams
Chief
10 of 20 FCC Form 620
May 2014
289
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
260517 13
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Tuscarora Nation
12/21/2022
X
Bryan Printup
TCNS Rep
11 of 20 FCC Form 620
May 2014
290
Other Tribes/NHOs Contacted
Tribe/NHO 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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
12 of 20 FCC Form 620
May 2014
291
Historic Properties
Properties Identified
1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No
2) Has the identification process located archaeological materials that would be directly affected, or sites that are of
cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No
3) Are there more than 10 historic properties within the APEs for direct and visual effect?
If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No
Historic Property
4) Property Name:
5) SHPO Site Number:
Property Address
6) Street Address:
7) City: 8) State: 9) Zip Code:
10) County/Borough/Parish:
Status & Eligibility
11) Is this property listed on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
12) Is this property eligible for listing on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
13) Is this property a National 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
Apple Pie Ridge/Second Winchester Battlefield
X
X
034-5023
U.S. Route 522
Winchester VA
FREDERICK
22603
V-CRIS
X
X
X
X
X
X
13 of 20 FCC Form 620
May 2014
292
Historic Properties
Properties Identified
1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No
2) Has the identification process located archaeological materials that would be directly affected, or sites that are of
cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No
3) Are there more than 10 historic properties within the APEs for direct and visual effect?
If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No
Historic Property
4) Property Name:
5) SHPO Site Number:
Property Address
6) Street Address:
7) City: 8) State: 9) Zip Code:
10) County/Borough/Parish:
Status & Eligibility
11) Is this property listed on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
12) Is this property eligible for listing on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
13) Is this property a National 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
Opequon Battlefield
X
X
Frederick Pike North U.S. Route 522
Winchester VA
FREDERICK
22603
V-CRIS
X
X
X
X
X
X
14 of 20 FCC Form 620
May 2014
293
Local Government Involvement
Local Government Agency
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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
Additional Information
19) Information on local government’s role or interest (optional):
City of Winchester Planning
Tim Youmans
Rouss City Hall 15 North Cameron Street, Suite 318
Winchester VA 22601
(000)000-0000
timothy.youmans@winchesterva.gov
12/01/2022 12/02/2022
Timothy Youmans replied indicating that the city had no comment or objection to the proposed project.
X
X
15 of 20 FCC Form 620
May 2014
294
Local Government Involvement
Local Government Agency
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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
Additional Information
19) Information on local government’s role or interest (optional):
Frederick County Historic Resources Advisory Board
Maral Kalbian
107 N. Kent St.
Winchester VA 22601
(000)000-0000
mkalbian@verizon.net
12/01/2022
X
X
16 of 20 FCC Form 620
May 2014
295
Other Consulting Parties
Other Consulting Parties Contacted
1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No
Consulting Party
2) FCC Registration Number (FRN):
3) Name:
Contact Name
4) First Name: 5) MI: 6) Last Name: 7) Suffix:
8) Title:
Contact Information
9) P.O. Box: And
/Or 10) Street Address:
11) City: 12) State: 13) Zip Code:
14) Telephone Number: 15) Fax Number:
16) E-mail Address:
17) Preferred means of communication:
( ) E-mail
( ) Letter
( ) Both
Dates & Response
18) Date Contacted _______________ 19) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Additional Information
20) Information on other consulting parties’ role or interest (optional):
X
Winchester-Frederick County Historical Society
To Whom It May Concern
Hollingsworth Mill 1340 S. Pleasant Valley Road
Winchester VA 22601
(000)000-0000
Sec106@DynamicEnvironmental.com
X
12/01/2022
X
17 of 20 FCC Form 620
May 2014
296
Other Consulting Parties
Other Consulting Parties Contacted
1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No
Consulting Party
2) FCC Registration Number (FRN):
3) Name:
Contact Name
4) First Name: 5) MI: 6) Last Name: 7) Suffix:
8) Title:
Contact Information
9) P.O. Box: And
/Or 10) Street Address:
11) City: 12) State: 13) Zip Code:
14) Telephone Number: 15) Fax Number:
16) E-mail Address:
17) Preferred means of communication:
( ) E-mail
( ) Letter
( ) Both
Dates & Response
18) Date Contacted _______________ 19) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Additional Information
20) Information on other consulting parties’ role or interest (optional):
X
Virginia Museum of History and Culture
To Whom It May Concern
PO Box 7311
Richmond VA 23221
(000)000-0000
Info@VirginiaHistory.org
X
12/01/2022
X
18 of 20 FCC Form 620
May 2014
297
Designation of SHPO/THPO
1) Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower.
SHPO/THPO
Name: ___________________________________________________________________________________________________________
2) You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of
the National Historic Preservation Agency and any state and provincial Historic Preservation Agency.
SHPO/THPO Name: ________________________________________________________________________________________________
SHPO/THPO Name: ________________________________________________________________________________________________
SHPO/THPO 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: MI: Last Name: Suffix:
Signature: Date:
_______________
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) AND/OR 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 503).
19 of 20 FCC Form 620
Virginia Department of Historic Resources
Brian R Schneider
01/04/2023
Brian R Schneider
May 2014
298
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT I. PERSONNEL RESUMES
299
Brian R. Schneider
Mr. Schneider is a Principal Archaeologist with the firm and has over six years of experience
in both broadcasting and communications site development as it relates to cultural resource
management. Responsibilities include supervision and management of all investigation and
management work associated with the Section 106 Review process for the firm. As Principal
Investigator on a variety of projects, he is responsible for direct communications with clients,
SHPO and THPO offices, as well as other federal, state, and local agencies.
Mr. Schneider has successfully managed and facilitated projects throughout the Middle
Atlantic States, including Maryland, West Virginia, Pennsylvania, Virginia, District of Columbia,
New Jersey, and Delaware. This wide-ranging project management experience has provided
an opportunity for consultation with numerous SHPO offices. This experience has afforded
Mr. Schneider with a wealth of background in the various approaches to the Section 106
Review process and interpretations of the Nationwide Programmatic Agreement. Resource
assessment for these various communications projects has included both prehistoric and
historic period sites.
For more than 11 years prior to a focus in the communications industry, Mr. Schneider served
as Field Director and/or Field/Lab Technician for various Phase I-III Cultural Resource Surveys
including both corridor projects, public, and private tract developments ranging in size from
4-500 acres. Corridor projects have included new road construction and improvements,
pipeline rights-of-way, and state park development. Public and private tract development
experiences primarily occurred in Maryland, Virginia, Pennsylvania, West Virginia, and
Delaware.
Field Director and Field/Lab Technician experience for various testing phases include sites in
Anne Arundel, Prince George’s, Charles, Montgomery, Baltimore and Cecil Counties in
Maryland; Fairfax, Frederick, Spotsylvania and Orange Counties in Virginia; Berks, Dauphin,
Lackawanna, and Erie Counties in Pennsylvania; and Sussex and Kent Counties in Delaware.
Examined sites included both prehistoric and historic components.
Mr. Schneider served as Staff Archaeologist for five years and 1 year as Archaeology Lab
Director at James Madison’s Montpelier. Examining African-American slave quarters and Civil
War sites, as well as educating students, volunteers, and the general public. During graduate
school, Mr. Schneider was employed as a teaching assistant position with the Department of
Anthropology and Sociology at the University of Idaho. In addition, Mr. Schneider served as
lab director for survey and testing of the Kooskia Internment Camp in Kooskia, Idaho. For
two years Mr. Schneider was a Lab and Field Technician for James Madison University
Anthropology Department.
BACKGROUND
M.A. in Anthropology, University of Idaho, 2013
B.S. in Anthropology, James Madison University, 2005
AFFILIATIONS AND CONTINUING EDUCATION
Register of Professional Archaeology, Membership since 2018
300
Jennifer L. Boggs
Ms. Boggs is an Architectural Historian with the firm and has over five years of experience in the cultural
resource management field including a year of telecommunications work. Her current responsibilities
include a wide range of tasks including Section 106 reviews, FCC 620/621 evaluations, and independent
field surveys and investigations.
Ms. Boggs’ background includes both architectural and archaeological surveys. Her most recent work
includes county-wide architectural surveys in West Virginia, Texas, and Florida. This experience afforded
Ms. Boggs the opportunity to collect and interpret data on thousands of properties to determine their
eligibility for the NRHP as well as to provide the state with baseline documentation on extent historic
properties.
Ms. Boggs recently completed seasonal work as an Archaeologist with the NPS. She worked on several
Section 106 projects, performed extensive archival work, processed artifacts, and evaluated the data.
Analysis included Pre-Contact and Historic artifacts. Work also consisted of damage assessments of the
Park’s trails following Hurricane Ida. Ms. Boggs’ archaeological experience extends to Pennsylvania, New
Jersey, Peru, and Sicily.
While at the University of Pennsylvania, she focused on Historic Preservation Planning. She excelled in
courses such as Historic Preservation Law and Historic Preservation Policy. For her thesis, she evaluated
waiver authority and how it applies to federal historic preservation law. She thoroughly analyzes both
Section 106 and NEPA reviews, and as a result, learned a great deal about Programmatic and
Memorandums of Agreements. Furthermore, she interviewed several SHPOs, a THPO, and
environmental activists to complete her work. This thesis was awarded the honor of “Outstanding
Thesis.”
BACKGROUND
M.S. in Historic Preservation, University of Pennsylvania, 2021
M.A. in History of Art and Archaeology, Institute of Fine Arts, New York University, 2019
Certificate in Historic Preservation, Rutgers University, 2016
B.A. in Art History, Rutgers University, 2016
301
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT II. ADDITIONAL SITE INFORMATION
302
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
ADDITIONAL SITE INFORMATION
Diamond Towers V LLC (Diamond Communications) proposes to install a new
telecommunications facility located near 127 Mercedes Court Winchester, Frederick
County, Virginia 22603 at coordinates 39.21848889 -78.13938333.
The proposed Site will consist of a 100' x 25' (30.5 m x 7.6 m) lease parcel that will
contain a fenced tower compound of approximately the same size. Within the tower
compound will be a 135’ (41.1 m) tall [overall height of 140’ (42.7 m)] tall monopole.
Twelve antennas (four per sector, three sectors) will be collocated on the monopole
at a centerline height of 130’ (39.6 m). Additional telecommunications equipment will
be contained in a 15’ x 20’ (4.6 x 6.1 m) lessee equipment area within the proposed
compound. The proposed compound will include space for future equipment areas.
In addition, a 22' (6.7’ m) wide access/utility easement will extend north, east, and
south from Mercedes Court to the proposed project area along an existing paved
road. A 10’ (3.0 m) wide overhead utility easement is also proposed and will run west
from the proposed lease parcel then north to an existing utility pole with an overhead
transformer. Site Plans are presented in Attachment X.
The proposed project is located in a medium-density community primarily featuring
commercial properties. The Parent Tract parcel contains a modern public storage
facility. A low-rise hotel is located to the south. A commercial property is located to
the west. A major thoroughfare is located to the east. Mature vegetation is present
within the highway median.
303
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT III. TRIBAL INVOLVEMENT
304
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
TRIBAL INVOLVEMENT
As required by the Nationwide Programmatic Agreement for Review of Effects on
Historic Properties, DEA, on behalf of the Applicant, has made a reasonable and good
faith effort to identify Native American Tribes that may attach religious and/or cultural
importance to resources that may be affected by this project.
These efforts included notification via the Tower Construction Notification System
(TCNS) located on the FCC website (www.fcc.gov). Confirmation of the TCNS
notification, including a listing of Native American Tribes that were notified by the
FCC as a result of the TCNS filing, is included in this Attachment.
Federally Recognized Native American Tribes who appear on the FCC list: “Notice of
organization(s) which were sent proposed tower construction notification
information” will be consulted with in compliance with the Nationwide Programmatic
Agreement for Review of effects on Historic Properties (FCC 04-222, 09/04). Copies
of all future correspondence are available upon request.
305
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Tuesday, December 20, 2022 1:31 PM
To:NATC
Subject:Proposed Tower Structure Info - Email ID #8407313
Dear Dynamic Environmenta Associates Inc,
Thank 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: 12/20/2022
Notification ID: 260517
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The proposed project will include the development of a new telecommunications tower
facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above mean sea level
306
Refe
rence
Copy
FEDERAL COMMUNICATIONS COMMISSION
Wireless Telecommunications Bureau
1270 Fairfield Road
Gettysburg, PA 17325-7245
NOTICE OF ORGANIZATION(S) WHICH WERE SENT
PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION
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 VII.A 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-recognized 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).
FCC 680
July 2018
DIAMOND TOWERS V LLC
3850 LAKE STREET
SUITE C
MACON, GA 31204
Date: 12/23/2022
Reference Number:
Page 1 of 6
307
Refe
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Copy
1. Historic Preservation Director - Erin Paden - Delaware Nation - 31064 State Highway 281 (PO Box: 825) - Anadarko,
OK - banderson@delawarenation-nsn.gov; epaden@delawarenation-nsn.gov - 405-247-2448 (ext: 1403) - electronic mail
Details: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation
procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email
subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster
with this information.
2. TCNS Rep - Bryan Printup - Tuscarora Nation - 5226 Walmore 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.
3. THPO - Noah White - Prairie Island Indian Community - 5636 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 law.
4. 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.
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
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5. - Gwen Terrapin - Cherokee Nation - (PO Box: 948) - Tahlequah, OK - historicpreservation@cherokee.org;
gwen-terrapin@cherokee.org - 918-772-4165 - electronic mail
Details: Please email all review documents for FCC Form 620/621 (i.e. archeologist report, photos, 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
6. 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
Details: 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: CellTower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
Provide a 1-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.
7. THPO and Executive Director - Dr. Wenonah Haire - Catawba Indian Nation - 1387 Meadow Lakes Road Catawba
Cultural Center - Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803-417-9057 -
regular mail
Details: 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
Rock Hill, SC 29730
Please submit by US Postal mail or other parcel carrier complete information for all telecommunication projects:
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
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1. Please provide 1 page cover letter 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@ccppcrafts.com
8. Chief - Robert Gray - Pamunkey Indian Tribe - 1054 Pocahontas Trail - King William, VA -
robert.gray@pamunkey.org; pamunkeytribe@pamunkey.org - 804-843-2452 - electronic mail
If the applicant/tower builder receives no response from the Pamunkey Indian Tribe within 30 days after notification
through TCNS, the Pamunkey Indian Tribe has no interest in participating in pre-construction review for the proposed
site. The Applicant/tower builder, however, must immediately notify the Pamunkey Indian Tribe in the event
archaeological properties or human remains are discovered during construction, consistent with Section IX of the
Nationwide Programmatic Agreement and applicable law.
9. Program Manager - Ellen Chapman - Cultural Heritage Partners - 5036 Indian Neck Road - Richmond, VA -
ellen@culturalheritagepartners.com - 804-769-0260 - electronic mail
10. Chief - Kenneth Branham - Monacan Indian Nation - 111 Highview Dr - Madison Heights, VA -
Consultation@MonacanNation.com; Kaleigh@MonacanNation.com - 434-473-1029 - electronic mail
11. Chief - Stephen Adkins - Chickahominy Indian Tribe - 7240 Adkins Road - Charles City, VA -
stephen.adkins@chickahominytribe.org - 804-829-5548 - electronic mail
12. Chief - W. Frank Adams - The Upper Mattaponi Indian Tribe - - King William, VA - wfrankadams@verizon.net -
804-690-1694 - electronic mail
13. Chief - Keith Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane - Suffolk, VA - chief@nansemond.org;
assistantchief@nansemond.org - 757-619-0670 - electronic mail
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
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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 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
VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA.
14. 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
15. Deputy SHPO - David Brook - Historic Preservation Office - 4610 Mail Service Center - Raleigh, NC -
david.brook@ncmail.net - 919-807-7283 - electronic mail
16. Manager - Office of Review & Compliance - Ethel Eaton - Department of Historic Resources - 2801 Kensington
Avenue - Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail
17. Deputy SHPO - Susan 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
18. 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
19. 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 proposed communications facilities construction 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 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:
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
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Notification Received: 12/20/2022
Notification ID: 260517
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
P.O. Box:
Street Address: 3850 Lake Street Suite C
City: Macon
State: GA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 13 min 6.6 sec N
Longitude: 78 deg 8 min 21.8 sec W
Location Description: 127 Mercedes Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project (Optional): The proposed project will include the development of a new
telecommunications tower facility, including a fenced equipment compound and a 140ft tall monopole tower. 22202012
Ground Elevation: 218.5 meters
Support Structure: 41.1 meters above ground level
Overall Structure: 42.7 meters above ground level
Overall Height AMSL: 261.2 meters above sea level
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 a.m. to 7:00 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
Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc
Date:12/23/2022
Page 6
FCC 680
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Page 6 of 6
312
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT
IV. AREAS OF POTENTIAL EFFECT
313
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
AREAS OF POTENTIAL EFFECT
APE for Direct Effects
The APE for direct effects is the construction site for the proposed telecommunications
facility, where such construction would result in ground disturbance and dislocation
of soil. This area of potential direct effects, determined by an examination of plan
maps provided by Applicant, consists of the 100' x 25' (30.5 m x 7.6 m) lease parcel
–construction site for the proposed tower, equipment pads, landscaping, and fencing,
and the proposed 22’ (6.7 m) wide access/utility easements.
No standing structures will be physically impacted during construction of this
compound expansion.
APE for Visual Effects
The APE for visual effects is the geographic area in which the proposed undertaking
has the potential to introduce visual elements that would diminish or alter the setting
of any historic property where integrity of setting is a character-defining feature of
such property that, in part, makes it eligible for the National Register of Historic
Places (National Register). Specifically, this geographic area is the extent to which
the proposed telecommunications tower would be visible, and if so, would have the
potential to introduce visual elements that would alter or diminish the integrity of any
historic property’s relationship to surrounding features and open space, therefore
compromising the ability of such property to convey its historic significance.
In accordance with the Nationwide Programmatic Agreement of March 2005, a one-
half mile (0.8 km) APE for visual effects is applicable to this to this 140’ (42.7 m) tall
telecommunications tower (Figures 3 and 4).
314
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT
V. IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF DIRECT EFFECTS
315
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF DIRECT EFFECTS
The proposed project is located on an approximately 3.57-acre Parent Tract,
identified by Parcel #43-A-52. The parcel is actively used for commercial activities
and is occupied by a public storage facility. A grassy lot and hotel are located to the
south. No standing structures will be impacted by the proposed project.
Historical aerial photography indicates that the proposed project location has been
undeveloped, grassy land since at least 1963. The public storage facility directly to
the north was constructed between 1982 and 1997. In addition, the proposed project
area appears to have been used as a staging area in ca. 2019, for the construction
of the commercial building to the west (Figure 5). As a result, the APE for Direct
Effects likely has been disturbed by construction activities related to the public
storage facility and the commercial building to the west.
Literature Review
An analysis of the Virginia Cultural Resource Information System (V-CRIS) on
February 22, 2022, indicates that there are two historic properties located within the
APE for Direct Effects. The resources are the following:
Resource ID Resource
Name
Address NRHP Status
034-5023 Apple Pie
Ridge/West
Fort Parcel
Second
Winchester
Battlefield
U.S. Route 522 Eligible
034-0456 Opequon
Battlefield
Third Battle of
Winchester
Site
Frederick Pike North U.S. Route 522 Eligible
On February 24, 2022, DEA conducted a survey to assess the potential impacts the
proposed undertaking may have on the one identified resource located within the APE
for Direct Effects. The results of the survey are the following:
Resource
ID
Resource
Name
Determinati
on
Explanation Photo
#
034-5023 Apple Pie
Ridge/West
Fort Parcel
Second
Winchester
Battlefield
No Adverse
Effect
The proposed project location is
within the boundaries of the historic
property. As a result, the historic
resource is within the APE for Direct
Effects. Based on past survey data,
the landscape encompassing the
historic property has been
significantly altered by modern
development, including the area in
5-12
316
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
which the proposed project location
will be placed. Moreover, there are no
standing structures or landscape
features within the APE for Direct
Effects that can be directly attributed
to the historic property’s period of
significance. Based on this
assessment, the proposed project is
anticipated to have No Adverse Effect
on the historic battlefield.
034-0456 Opequon
Battlefield
Third Battle
of
Winchester
Site
No Adverse
Effect
The proposed project location is
within the boundaries of the historic
property. Resultingly, the historic
resource is within the APE for Direct
Effects. Areas of the historic
battlefield, such as those areas
around the proposed project location,
have been severely compromised by
modern development. No identifiable
standing structures or landscape
features within the APE for Direct
Effects can be directly attributed to
the historic property. As a result, it is
anticipated that the proposed project
location will have No Adverse Effect
on the historic battlefield.
5-12
Based on the results of the survey above, the proposed project is anticipated to have
No Adverse Effect on the two identified historic properties located within the APE for
Direct Effects.
Archaeological Review
A V-CRIS analysis revealed the presence of five previously identified archaeological
sites within a ½-mile radius of the proposed project location. These sites are primarily
concentrated to the east of the proposed project location. The sites and their eligibility
are as follows,
Site Name NRHP Eligibility Status
44FK0477 Not Eligible
44FK0584 Not Eligible
44FK0585 Not Eligible
44FK0624 Not Evaluated
44FK0779 Not Eligible
Based on the results of the previous surveys, none of the archaeological sites within
the ½-mile APE are considered eligible for listing in the NRHP. The potential for
uncovering intact, significant archaeological evidence for the Third Battle of
Winchester Site/ Opequon Battlefield and the Apple Pie Ridge/West Fort
Parcel/Second Winchester Battlefield within the APE for Direct Effects is considered
low. No subsurface testing was conducted due to the history of previous disturbance.
317
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
Recommendations
Based on a literature review and information gathered during the site visit, it is the
opinion of the principal investigator that the proposed project will have No Adverse
Effect on the two identified historic properties within the APE for Direct Effects. In
addition, it is the opinion of the principal investigator that no intact, significant
archaeological site is present within the APE for Direct Effects due to the history of
disturbance related to modern development.
Nevertheless, it should be noted that ground disturbing activity should be halted
when it is reasonable to believe that an archaeological site has been encountered
which will be affected by this undertaking, and that the State Historic Preservation
Office be notified of these finds. Also, if human burials or human remains are
encountered during ground disturbance, it is imperative that local law enforcement,
as well as the district medical examiner and the State Historic Preservation Office, is
notified prior to resuming work.
318
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VI. IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF VISUAL EFFECTS
319
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF VISUAL EFFECTS
An analysis of the Virginia Cultural Resource Information System (V-CRIS) on
February 22, 2022, indicates that there are two historic properties located within the
APE for Visual Effects. The resources are the following:
Resource ID Resource
Name
Address NRHP Status
034-5023 Apple Pie
Ridge/West
Fort Parcel
Second
Winchester
Battlefield
U.S. Route 522 Eligible
034-0456 Opequon
Battlefield
Third Battle
of
Winchester
Site
Frederick Pike North U.S. Route 522 Eligible
On February 24, 2022, DEA conducted a survey to assess the potential impacts the
proposed undertaking may have on the one identified resource located within the APE
for Visual Effects. The results of the survey are the following:
Resource
ID
Resource
Name
Determinatio
n
Explanation Photo
#
034-5023 Apple Pie
Ridge/West
Fort Parcel
Second
Winchester
Battlefield
No Effect The proposed project location is
within the boundaries of the historic
property. As a result, the historic
resource is within the APE for Visual
Effects. Based on past survey data,
there are no standing structures or
landscape features within the APE for
Direct Effects that can be directly
attributed to the historic property’s
period of significance. Based on this
assessment, the proposed project is
anticipated to have No Effect on the
historic battlefield.
5-12
034-0456 Opequon
Battlefield
Third Battle
of
Winchester
Site
No Effect The proposed project location is
within the boundaries of the historic
property. Resultingly, the historic
resource is within the APE for Visual
Effects. Areas of the historic
battlefield, such as those areas
around the proposed project location,
have been severely compromised by
modern development. No identifiable
standing structures or landscape
features within the APE for Visual
5-12
320
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
Effects can be directly attributed to
the historic property. As a result, it is
anticipated that the proposed project
location will have No Effect on the
historic battlefield.
Based on the results of the survey above, the proposed project is anticipated to have
No Effect on the two identified historic properties located within the APE for Visual
Effects.
321
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VII. LOCAL GOVERNMENT INVOLVEMENT
322
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
LOCAL GOVERNMENT INVOLVEMENT
In order to provide the local jurisdictional governments with an opportunity to
participate in the Section 106 Process, letters were mailed to the following parties
inviting their participation and comments on the proposed project’s impact on historic
resources:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Timothy Youmans, from the Winchester Planning Department, responded by email
on December 2, 2022, indicating that the city had no comment or objection to the
proposed project. Any future material comments will be forwarded to the State
Historic Preservation Office upon receipt.
Copies of all correspondence are included in this Attachment.
323
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: timothy.youmans@winchesterva.gov
December 1, 2022
Mr. Tim Youmans
City of Winchester Planning
Rouss City Hall
15 North Cameron Street, Suite 318
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Mr. Youmans:
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
324
Mr. Youmans
City of Winchester Planning -2- December 1, 2022
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
325
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Friday, December 2, 2022 10:02 AM
To:SEC106
Subject:Re: DEA# 22202012 - I-81 Mini Storage Site - City of Winchester Planning - Invitation to
Comment
TCS Anti-Phishing Security
Warning: Sender Timothy.Youmans@winchesterva.gov is not yet trusted by your organization.
Please be careful before replying or clicking on the URLs.
powered by Graphus®
No comment from the City of Winchester.
Thanks
Tim
Sent from my iPhone
On Dec 1, 2022, at 1:35 PM, SEC106 <sec106@dynamicenvironmental.com> wrote:
Good afternoon,
I am writing to invite you to comment on a telecommunications project planned to take place in
Winchester, Frederick County, VA.
We welcome any input you have on the historic or cultural value of the location of the proposed project.
Please see the attached letter and project information for additional details. You may reply by email to
this address or by mail to the return address provided below,
Thank you,
Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street, Suite C
Macon, GA 31204
Phone: (478) 745-7740
Fax: (478) 745-7415
Toll Free: (877) 968-4787
Email: jklima@dynamicenvironmental.com
Website: http://DynamicEnvironmental.com
<22202012 - 106 - ITC - City - 120122.pdf>
326
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Thursday, December 1, 2022 1:35 PM
To:SEC106
Subject:Automatic reply: DEA# 22202012 - I-81 Mini Storage Site - City of Winchester Planning -
Invitation to Comment
I will be out of the office until Tues Dec 6th. If you need immediate assistance from the Planning Dept, please contact Carolyn Barrett at
carolyn.barrett@winchesterva.gov or David Stewart at david.stewart@winchesterva.gov or Alfredo Velasquez at
alfredo.velasquez@winchesterva.gov
Thanks
327
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
To:SEC106
Sent:Friday, December 2, 2022 10:00 AM
Subject:Read: DEA# 22202012 - I-81 Mini Storage Site - City of Winchester Planning - Invitation
to Comment
Your message
To:
Subject: DEA# 22202012 - I-81 Mini Storage Site - City of Winchester Planning - Invitation to Comment
Sent: Friday, December 2, 2022 3:00:15 PM (UTC+00:00) Monrovia, Reykjavik
was read on Friday, December 2, 2022 2:59:49 PM (UTC+00:00) Monrovia, Reykjavik.
328
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: mkalbian@verizon.net; portal
December 1, 2022
Ms. Maral Kalbian
Frederick County Historic Resources Advisory Board
107 N. Kent St.
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Ms. Kalbian:
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
329
Ms. Kalbian
Frederick County Historic Resources Advisory Board
-2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
330
331
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VIII. OTHER CONSULTING PARTIES &
PUBLIC INVOLVEMENT
332
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
OTHER CONSULTING PARTIES AND PUBLIC INVOLVEMENT
DEA, on behalf of the Applicant, has made a reasonable and good faith effort to
identify other parties that may potentially have an interest in participating in the
Section 106 Process for the proposed project. Letters were mailed to the following
parties inviting their participation and comments on the proposed project’s impact on
historic resources:
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
As of the date of this submission, no comments have been received from the
contacted parties. However, any future material comments will be forwarded to the
State Historic Preservation Office upon receipt. Copies of all correspondence are
included in this Attachment.
In order to provide the General Public with an opportunity to participate in the Section
106 Process and/or to comment on the proposed project, a Public Notice has been
published in a local “newspaper of record” which solicits comments on the proposed
project’s impact on historic resources. The following Public Notice is being published
in The Winchester Star on December 8, 2022:
SECTION 106 PUBLIC NOTICE
Diamond Towers V LLC proposes to construct a 140-foot-tall monopole tower located at
127 Mercedes Court, Winchester, Frederick County, VA 22603. Parcel ID: 43-A-52 at
Latitude N39° 13' 6.56", Longitude W78° 8' 21.78". Diamond Towers V LLC seeks
comments from all interested persons on the impact of the tower on any districts, sites,
buildings, structures, or objects significant in American history, architecture,
archaeology, engineering, or culture, that are listed or eligible for listing in the National
Register of Historic Places. Specific information about the project, including the historic
preservation reviews that Diamond Towers V LLC is conducting pursuant to the rules of
the Federal Communications Commission (47 C.F.R. Sections 1.1307(4)) and the
Advisory Council on Historic Preservation (36 C.F.R. Part 800) will be made available to
interested persons who request the information from the contact below. All questions,
comments, and correspondence should be directed to Julia Klima at Dynamic
Environmental Associates, Inc., 3850 Lake Street, Suite C, Macon, GA 31204, 877-968-
4787, Sec106@DynamicEnvironmental.com within 30 days from the date of this
publication. Re: 22202012
As of the date of this submission, no comments that have been received from the
general public. However, any future material comments will be forwarded to the State
Historic Preservation Office upon receipt.
333
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email & U.S. Mail
Email: portal
December 1, 2022
To Whom it May Concern
Winchester-Frederick County Historical Society
Hollingsworth Mill
1340 S. Pleasant Valley Road
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by
Parcel # 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a
new telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
334
Winchester-Frederick County Historical Society
-2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
335
336
337
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Info@VirginiaHistory.org
December 1, 2022
To Whom it May Concern
Virginia Museum of History and Culture
PO Box 7311
Richmond, VA 23221
Re: Section 106 Review
Invitation to Comment
Diamond Towers V LLC
I-81 Mini Storage Site (No. VA031)
DEA No. 22202012
Diamond Towers V LLC is proposing to construct a new telecommunications tower in
Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: I-81 Mini Storage
Address or Location: 127 Mercedes Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 13' 6.56" / W78° 8' 21.78"
Site Description: The proposed Site includes a 100' x 25' lease parcel area
where a tower compound will be constructed. The
approximately 3.57 acre Parent Tract is identified by Parcel
# 43-A-52.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a 140' tall monopole tower.
338
Virginia Museum of History and Culture -2- December 1, 2022
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202012
339
340
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT IX. PHOTOGRAPHS
341
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
PHOTOGRAPHS
The following photographs of the project are presented herein:
1 View of the proposed project location, facing north.
2 View of the proposed project location, facing east.
3 View of the proposed project location, facing southeast.
4 View of the proposed project location, facing west.
5 View from the proposed project location, facing north.
6 View from the proposed project location, facing east.
7 View from the proposed project location, facing south.
8 View from the proposed project location, facing west.
9 View of the proposed access route, facing north-northeast.
10 View of the proposed access route, facing south.
11
View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield
[034-5023] and the Opequon Battlefield Third Battle of Winchester Site [034-
0456], facing south.
12
View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield
[034-5023] and the Opequon Battlefield Third Battle of Winchester Site [034-
0456], facing east-northeast.
Site photographs were recorded on February 24, 2022 using a lens focal length of 40
mm.
342
22202012 DEA, Inc.
Photo 2 - View of the proposed project location, facing east.
Photo 1 - View of the proposed project location, facing north.
343
22202012 DEA, Inc.
Photo 4 - View of the proposed project location, facing west.
Photo 3 - View of the proposed project location, facing southeast.
344
22202012 DEA, Inc.
Photo 6 - View from the proposed project location, facing east.
Photo 5 - View from the proposed project location, facing north.
345
22202012 DEA, Inc.
Photo 8 - View from the proposed project location, facing west,
Photo 7 - View from the proposed project location, facing south.
346
22202012 DEA, Inc.
Photo 10 - View of the proposed access route, facing south.
Photo 9 - View of the proposed access route, facing north-northeast.
347
22202012 DEA, Inc.
Photo 12 - View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield [034-
5023] and the Opequon Battlefield Third Battle of Winchester Site [034-0456], facing east-
northeast.
Photo 11 - View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield [034-
5023] and the Opequon Battlefield Third Battle of Winchester Site [034-0456], facing south.
348
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT X. FIGURES
349
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
FIGURES
The following maps & figure of the project site are presented herein:
Figure
No.
Figure Title
1 Site Location Map
2 Site Diagram
3 USGS. Topographic Map, 7.5 Series w/ ½-Mile Visual APE
4 2017 Aerial Photograph w/ ½-Mile Visual APE
5 2019 Aerial Photograph
6 VA SHPO Map w/ ½ Mile Visual APE
Site Plans
350
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 1
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Location Map
SITE
N
S
E W
351
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 2
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Diagram Existing Building Existing Building
Existing
Building
Existing Building Existing Building Existing Building Existing Building Existing Building Existing
Building Existing
Building
Existing Paved
Area
Existing Paved
Area
Existing Gravel
Area Existing Building Mercedes Court
Existing Paved
Area
Proposed
140’ tall monopole
Proposed 100’ x 25’ lease
area/fence compound
Existing AT&T
Equipment
Existing
transmis-
sion tower
Proposed
15’ x 20’
equipment
area
N
S
E W
352
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 3
www.DynamicEnvironmental.com • (877) 968-4787
For:
USGS Topographic Map w/ ½ Mile Visual APE
N
S
E W
SITE
7.5 Minute Series, Winchester, VA (1997),
Scale 1:24,000
353
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 4
www.DynamicEnvironmental.com • (877) 968-4787
For:
2017 Aerial Photograph w/ ½ Mile Visual APE
SITE
N
S
E W
354
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 5
www.DynamicEnvironmental.com • (877) 968-4787
For:
2019 Aerial Photograph
SITE
N
S
E W
SITE
355
Section 106 Review
I-81 Mini Storage Site
Frederick County, NY
Date: 12/08/2022 DEA No.: 22202012 Figure No.: 6
www.DynamicEnvironmental.com • (877) 968-4787
For:
VA SHPO Map w/ ½ Mile Visual APE
SITE
Third Battle of Winchester Site
Opequon Battlefield
Apple Pie Ridge/ West Fort Parcel
Second Winchester Battlefield
034-5023
N
S
E W
356
357
358
359
360
SHEET 3
ELEVATION
NOT FOR CONSTRUCTION
SUBMITTALS
120 EASTSHORE DIRVE, SUITE 300
GLEN ALLEN, VA 23059
804-548-4079
NB+C ENGINEERING SERVICES, LLC.
DIAMOND COMMUNICATIONS
SITE NAME: I-81 MINI STORAGE
SITE ID: VA031
127 MERCEDES CT
WINCHESTER, VA 22603
FREDERICK COUNTY
SITE INFORMATION
SITE VISIT BY: JB
LAT (NAD 83): 39° 13' 06.56"
LONG (NAD 83): -78° 08' 21.78"
REV DATE BY
PRELIMINARY JW08-12-21
PRELIMINARY JW08-23-21
361
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT XI. BIBLIOGRAPHY
362
Section 106 Review, FCC Form 620
Frederick County, VA
I-81 Mini Storage Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012
BIBLIOGRAPHY
Virginia Department of Historic Resources
2021 Site Digitalization Data, 034-0456 - Opequon Battlefield / Third Battle of
Winchester Site. Form on file with the Virginia Department of Historic
Resources.
2021 Site Digitalization Data, 034-5023 – Apple Pie Ridge/West Fort Parcel /
Second Winchester Battlefield Site. Form on file with the Virginia Department
of Historic Resources.
2022 Virginia Cultural Resource Information System (V-CRIS). Electronic
document.
https://vcris.dhr.virginia.gov/VCRIS/Account/Login?ReturnUrl=%2fVCRIS%.
Accessed February 22, 2022.
363
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #07-23 for Diamond Communications, LLC. (RLC
Management, Inc.) - (Mr. Cheran)
Attachments:
PC02-21-24CUP07-23_Redacted.pdf
PC02-21-24CUP07-23NEPA_ Assessment.pdf
364
CONDITIONAL USE PERMIT #07-23
Diamond Communications, LLC. – RLC Management Inc
Monopole-Type Commercial Telecommunication Tower
Staff Report for the Planning Commission
Prepared: February 9, 2024
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 be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 02/21/24 Pending
Board of Supervisors: 03/13/24 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable the
construction of a 185-foot monopole commercial telecommunications facility with an equipment
compound and setback waiver located at 178 Rivendell Court in the Stonewall Magisterial
District.
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 prior to conducting the use.
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.
In addition, should the Planning Commission find the waivers to the required setback to be
acceptable, a motion to recommend approval of a setback reduction to allow the tower to be
constructed within the identified 77’ fall zone would be appropriate. See ‘Waivers’ section
below for further details and note this request is predicated on item 6.C. receiving support
from the Board of Supervisors
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
LOCATION: This property is located at 178 Rivendell Court.
365
Page 2
CUP #07-23, Diamond Communications, LLC – RLC management Inc.
February 9, 2024
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 42-A-198N
PROPERTY ZONING & PRESENT USE: Zoned: B2 (General Business)
Land Use: Self-storage facility.
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Route 37 Use State Highway
South: B2 (General Business) Use: Commercial
East: RP (Residential Performance) Use: Residential
West: B2 (Business General) Use: Commercial
PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 185-foot
Monopole Commercial Telecommunication Facility with an equipment compound.
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objection.
Frederick-Winchester Health Department: No comments & no objections.
Frederick County Inspections: The project shall meet the requirements of the 2018 Uniform
Statewide Building Code.
Frederick County Fire Marshal: Plans approved.
Frederick County Public Works: We offer no comments at this time.
Frederick Water: No comment.
Winchester Regional Airport: See attached letter from Nick Sabo, AAE, Executive Director
dated June 29, 2023.
City of Winchester: No comments.
Planning and Zoning: The Comprehensive Policy Plan of Frederick County (“Comprehensive
Plan”) provides guidance when considering any land use action. This proposed 185-foot
monopole-type commercial telecommunication facility is located on a 4.40 +/- acre property that
is zoned B2 (General Business) Zoning District. This property is being used as a self-storage
366
Page 3
CUP #07-23, Diamond Communications, LLC – RLC management Inc.
February 9, 2024
facility. The property is within the Urban Development Area (UDA) and Sewer Water Service
Area (SWSA) identified within the Comprehensive Plan; and is located within Eastern Frederick
County Long Range Land Use Plan. This area of the County is intended to remain
commercial/residential in nature.
The commercial telecommunication facilities are allowed in the B2 (General Business) Zoning
District with an approved Conditional Use Permit (CUP). The zoning ordinance requires that all
proposed telecommunication facilities be subject to additional performance standards 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.
This proposed 185-foot monopole-type commercial telecommunication facility will be located
on property that is zoned B2. The properties adjacent to this proposed CUP are zoned business.
This proposed CUP is not adjacent to any residential dwellings, subdivisions or historical
properties. The nearest residential dwellings are more than 1,000 feet to the south of this
property.
Waiver:
This proposed commercial telecommunication tower will require two (2) setback waivers.
Towers that exceed the max height of a zoning district are required to be setback the prescribed
amount plus one foot for every foot over the maximum height. The B3 zoning district has a max
height of 35’ and the tower is proposed to be 135’ so each setback is increased by 100’.
Front (South) Setback = 185’ (35’ setback + 150’ above max height) WAIVER NEEDED
Side (East) Setback = 150’ (No Setback Standard B2 +150’ above max height)
Side (West) Setback = 150’ (No Setback Standard B2+ 150’ above max height)
Front (North) Setback = 200’ (50’ setback + 150’ above max height) WAIVER NEEDED
The Front (South and North) setbacks require waivers as the tower will be located 80’ and 77’
from the property line respectively. Accordingly, the applicant has specified a 77’ fall zone,
which would be an effective setback if the waivers are granted.
The Applicant is requesting a waiver to reduce the required setbacks as set forth in Section 165-
204.19 of the zoning ordinance. Additionally, the applicant has requested an amendment to the
same ordinance section that would allow for the setback to be reduced in accordance with an
engineered fall zone without limitation. The current adopted ordinance does not allow applicants
to reduce the setback to less than half the height of the tower. If item 6.C. is not adopted by the
Board of Supervisors, this application would need to be revised in order to be in an approvable
form. The Applicant has provided documentation from a certified Virginia engineer with
verification that the tower is designed and will be constructed in a manner that, should the tower
collapse 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.
367
Page 4
CUP #07-23, Diamond Communications, LLC – RLC management Inc.
February 9, 2024
Should the waivers be granted, the result will be Front (South & North) Setback reductions of
105’ and 123’ respectively.
STAFF CONCLUSIONS FOR THE 02/21/24 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on 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 prior to conducting the use.
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
In addition, should the Planning Commission find the waivers to the required setback to be
acceptable, a motion to recommend approval of a setback reduction to allow the tower to be
constructed within the identified 77’ fall zone would be appropriate.
368
¬«37
42 A 198N
190RIVENDELL CT
160EXETER DR
120EXETER DR
1305AMBROSE DR
1309AMBROSE DR
1313AMBROSE DR
1317AMBROSE DR
1325AMBROSE DR
1329AMBROSE DR
1333AMBROSE DR
161GLENTAWBER DR
305WOODSIDE LN
RIVENDELL CT
G L E N T A W B E R R D
Application
Sewer and Water Service A rea
Parcels
Future Rt 37 Bypass
B2 (General Business District)
RP (Residential Per form ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 25, 202 3CARPERS DRHANDLEY DRAPPLE PIE RIDGE RDAMBROSE DRG L E N T A W B E R R D
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CUP #07-23
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369
¬«37
42 A 198N
190RIVENDELL CT
160EXETER DR
120EXETER DR
1305AMBROSE DR
1309AMBROSE DR
1313AMBROSE DR
1317AMBROSE DR
1325AMBROSE DR
1329AMBROSE DR
1333AMBROSE DR
161GLENTAWBER DR
305WOODSIDE LN
RIVENDELL CT
G L E N T A W B E R R D
Application
Sewer and Water Service A rea
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 25, 202 3CARPERS DRHANDLEY DRAPPLE PIE RIDGE RDAMBROSE DRG L E N T A W B E R R D
FOX DRDARLINGTON DRRIVEN
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CUP #07-23
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NEPA ASSESSMENT
PREPARED BY:
www.DynamicEnvironmental.com (877) 968-4787
EXPERIENCE COMMITMENT QUALITY INNOVATION
Stonewall Storage - VA032Site
178 Rivendell Court
Winchester, Frederick County, VA
Site No.: VA032
DEA Project No. 22202017
May 24, 2023
PREPARED FOR:
120 Mountain Ave., Unit 619
Springfield, NJ 07081
430
NEPA Assessment
Frederick County, VA
Stonewall Storage - VA032 Site May 24, 2023
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -i- 22202017 - NEPA
Table of Contents
1. INTRODUCTION .................................................................................. 1
1.1 Scope of Services ......................................................................... 1
1.2 Site Location/Description ............................................................... 1
2. SCREENING SUMMARY TABLE ............................................................... 2
3. NEPA EVALUATION SUMMARY ............................................................... 3
3.1 Designated Wilderness Area ........................................................... 3
3.2 Designated Wildlife Preserves ......................................................... 3
3.3 Threatened and Endangered Species and Habitat .............................. 3
3.4 Historic and Cultural Concerns ........................................................ 4
3.5 Indian Religious & Significant Sites.................................................. 5
3.6 Floodplains .................................................................................. 6
3.7 Significant Change in Surface Features ............................................ 6
3.8 National Scenic Trails .................................................................... 6
3.9 High Intensity White Lights ............................................................ 7
3.10 Radio-Frequency Radiation ............................................................ 7
4. LIMITATIONS ..................................................................................... 8
5. CERTIFICATION .................................................................................. 8
Appendix List ......................................................................................... ii
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Appendix List
I. Site Plans
II. FEMA Flood Zone Map
III. Threatened & Endangered Species Documentation
1. Response from VA Department of Conservation and Recreation
2. Informal Biological Assessment
IV. Section 106 Review Documentation
1. Response from VA SHPO Office
2. Submission to VA SHPO Office
3. Letters to Interested Parties
4. Responses from Interested Parties
5. Proof of Public Notice
V. Native American Consultation Documentation
1. Tribal Consultation Summary Table
2. Tower Construction Notification System (TCNS) Documentation
3. Native American Tribal Consultation Documentation
4. Native American Tribal Referral Documentation
VI. FCC Form 620
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1. INTRODUCTION
1.1 Scope of Services
Pursuant to authorization issued by Diamond Communications, a NEPA
Assessment was performed for the Stonewall Storage - VA032 Site in
Winchester, Frederick County, VA. This report presents the findings of our
investigation.
The scope of services for the NEPA Assessment was based, in part, on the
guidelines set forth by the Council on Environmental Quality (CEQ) and the
National Environmental Policy Act (NEPA). The scope for this project was in
general accordance with the specific Federal Communication Commission
(FCC) regulations for implementing NEPA (47 CFR, Part 1, Subpart I,
§1.1301 to 1.1319).
1.2 Site Location/Description
Diamond Communications proposes to construct a 185 foot tall (overall
height of 194 feet) Monopole tower located at 178 Rivendell Court, in
Winchester, Frederick County, VA. Access to the site will be via a proposed
easement that follows paved drives within the Parent Tract property,
extending in a northerly direction from North Frederick Pike to the proposed
project area. The Site is found within a developed commercial storage
facility, located in a suburban area of Frederick County.
The Site (Lease Parcel) is a 80' x 30' area which is part of a larger 4.40 acre
Parent Tract of land located at Latitude N39° 12' 43.28", Longitude W78°
10' 30.78". The Site is located within the western portion of the Parent Tract
property, which is developed for use as a commercial storage facility and
occupied by self-storage units. The surrounding area includes undeveloped
land to the north, residential land to the east, and commercial properties
to the south and west.
Please refer to the site plan for a general location map.
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2. SCREENING SUMMARY TABLE
The following Table illustrates the results of the NEPA review that was conducted
for the Site and surrounding area:
FCC-NEPA Review Checklist Summary
New Build
NEPA Item Yes No
1. Is the proposed facility located in an officially
designated wilderness area? ☐ ☒
2. Is the proposed facility located in an officially designated
wildlife preserve? ☐ ☒
3.
Will the proposed facility likely affect listed threatened or
endangered species or designated critical habitats; or
likely jeopardize the continued existence of any proposed
endangered or threatened species; or likely result in the
destruction or adverse modification of proposed critical
habitats? (Ref. 50 CFR Parts 17, 222, 226 & 227).
☐ ☒
4.
Will the proposed facility affect districts, sites, buildings,
structures, or objects significant in American history,
architecture, archeology, engineering, or culture that are
listed, or potentially eligible for listing in the National
Register of Historic Places (NRHP)? (Ref. 36 CFR Part 800 as
modified and supplemented by the NPA for the Collocation of
Wireless Antennas and the NPA Regarding the Section 106
National Historic Preservation Act Review Process).
☐ ☒
5. Will the facility affect Indian Religious Sites? ☐ ☒
6. Is the proposed facility located in a flood plain? (Ref.
Executive Order 11988 and 40 CFR Part 6, Appendix A) ☐ ☒
7.
Will construction of the proposed facility involve significant
change in surface features (e.g. wetlands, deforestation,
or water diversion)? (Ref. Executive Order 11990 and 40 CFR
Part 6, Appendix A)
☐ ☒
8.
Is the proposed facility located in a residential
neighborhood and required to be equipped with high
intensity white lights?
☐ ☒
9.
Will the proposed facility equal or exceed total power
output limitations set forth in 47 CFR, Chapter 1, Subpart
I, § 1.1307, Table 1? ☐ ☒
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3. NEPA EVALUATION SUMMARY
The National Environmental Policy Act (NEPA) requires federal agencies to
evaluate the potential impacts to the environment for projects under their
jurisdiction. In accordance with 47 CFR, Part 1, Subpart I §1.1307, the
issues/questions, presented below, will require additional evaluation and the
preparation of an Environmental Assessment (EA) if answered in the affirmative.
Included below is a discussion of the evaluation work conducted during this
review, including whether the proposed facility will require the preparation and
filing of an EA in accordance with FCC regulations.
3.1 Designated Wilderness Area
Is the facility located in an officially designated wilderness area? No.
Based on a review of USGS Topographic Maps (“Winchester, VA (2019)”
Quadrangle) and other available mapping, the Site is not located in a
designated wilderness area.
3.2 Designated Wildlife Preserves
Is the facility located in an officially designated wildlife preserve? No.
Based on a review of USGS Topographic Maps (“Winchester, VA (2019)”
Quadrangle) and other available mapping, the Site is not located in a
designated wildlife preserve.
3.3 Threatened and Endangered Species and Habitat
Will the facility affect listed or proposed threatened or endangered (T&E)
species or designated critical habitats? No.
A current listing of threatened and endangered species in the area of the
subject site was obtained from the U.S. Fish & Wildlife Service (FWS) IPaC
website. In addition, a current listing of State listed threatened and
endangered species in the area of the subject site was obtained from the
Virginia Department of Game and Inland Fisheries Information Service.
Using the compiled information in conjunction with our own data, an
Informal Biological Assessment (IBA) was conducted by DEA to determine
if any of the listed or proposed T&E species were readily observable and/or
whether habitat necessary to support the listed species is present on or in
proximity to the Site.
Our evaluation of flora and fauna in the Site area used the current list of
Threatened and Endangered Species that have been identified in the
immediate project area. No listed or proposed threatened or endangered
species were observed on or in proximity to the Site. Further, it is our
opinion that the proposed project will have no effect on habitat that may
be used by T&E species. Based on the data available and our field
observations, we find that the project will have No Effect on listed
threatened or endangered species.
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Based on DEA’s determination that that project will have No Effect on listed
threatened or endangered species, Section 7 consultation with USFWS is
completed. Copies of all documentation are included in the Appendix.
DEA consulted with the Virginia Department of Conservation and Recreation
(DCR) to request concurrence that the project will have no effect on
protected species. On April 22, 2023, DCR responded indicating that will
not affect any documented state-listed plants or insects. The DCR also
indicates that this project has intersected the karst bedrock screening layer.
Encountering undocumented caves, sinkholes or other sensitive karst
features in this area is possible. During every phase of the project, DCR
recommends stabilization of the soil around the site. Minimizing surface
disturbance, strict use of E&S control measures appropriate for the location
and adherence to best management practices appropriate for karst will help
to reduce any potential impact to the karst, groundwater, and surface water
resources as well as any associated fauna and flora.
The Site is not designated as “Critical Habitat” as defined in 50 CFR.
Copies of all documentation are included in the Appendix.
3.4 Historic and Cultural Concerns
Will the proposed project affect districts, Sites, buildings, structures or
objects significant in American history, architecture, archeology,
engineering or culture that are listed or potentially eligible for listing in the
National Register of Historic Places? No.
DEA conducted a Section 106 Review for the proposed tower construction
project in accordance with the requirements stipulated by the Nationwide
Programmatic Agreement (NPA). The Review defined the tower compound
construction area, access easements, and other potential areas of ground
disturbance, as the Area of Potential Effect (APE) for Direct Effects. The
Review defined an area one-half mile in radius from the Site as the Area of
Potential Effect (APE) for Visual Effects. This work concluded that there
would be no effect to historic properties within the APE for direct effects
and the APE for visual effects.
As required by the NPA, Public Participation as well as notification to Local
Governments and other Potentially Interested Parties was conducted. A
Public Notice was posted in the WST Winchester Star on March 30, 2023,
inviting review and comment on the proposed project by the general public.
This notice provided for a 30-day comment period. As of the date of this
report we are aware of no comments made by the public.
Notification letters, dated February 28, 2023, inviting comment on the
proposed tower project, were directed to:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
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Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
By email dated February 28, 2023, Mr. Youmans, the City of Winchester
Planning Director, responded indicating the City of Winchester has no
comments on the proposed project. As of the date of this report we have
received no other responses. Therefore, we consider the lack of response
as an indication that the remaining parties have chosen not to participate
in the review process.
As required by the NPA, a completed FCC Form 620 was submitted to the
VA SHPO requesting concurrence that that there would be no effect to
historic properties within the APE for direct effects and the APE for visual
effects. By E-106 sytem response dated April 25, 2023 the SHPO concurred.
Copies of all correspondence, including Form 620 , are included in the
Appendix.
3.5 Indian Religious & Significant Sites
Will the proposed project affect Indian religious Sites? No.
In accordance with the requirements stipulated by the Nationwide
Programmatic Agreement (NPA), notification of the proposed project was
made via the FCC Tower Construction Notification System (TCNS). Twelve
(12) Native American Tribes, registered as having a potential interest in the
geographic area of the project, were notified of the project by the TCNS.
Required consultation has been completed with seven (7) of these Tribes.
The following Tribes have completion clauses included in their TCNS
comments or have responded stating they have no objection to, or
significant comments on, the proposed project:
Bad River Band of Lake Superior Chippewa Indians
Catawba Indian Nation
Eastern Shawnee Tribe of Oklahoma
Monacan Indian Nation
Pamunkey Indian Tribe
Prairie Island Indian Community
Tuscarora Nation
In accordance with the provisions of the NPA, a reasonable and significant
effort was made to follow up with the Tribes that did not respond to the
TCNS notification. All documentation related to these efforts is included in
the Appendix. To date, the following five (5) Tribes have not responded to
our consultation attempts:
Chickahominy Indian Tribe
Delaware Nation
Nansemond Indian Tribe
Rappahannock Tribe
The Upper Mattaponi Indian Tribe
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The Federal Communications Wireless Infrastructure Second Report and
Order (WTB Docket No. 17-79), sets forth that the applicant’s Tribal
Consultation obligations have been fulfilled for projects after two attempts
to consult have been made by the applicant over a 30- or 35-day period
(depending on how the Tribe prefers to receive submission materials), and
subsequently, additional attempts have been made by the FCC. On May 1,
2023, the non-responsive Tribes were referred to the FCC for resolution,
via the Tower Construction Notification System or manual referral. On May
4, 2023, the FCC issued letter notifications to DEA, which confirmed that
the FCC had contacted the above referenced Tribes as of that date. This
letter further stated that if no statement of interest was received from these
Tribes by DEA or the FCC, within the ensuing 15-day period, consultation
is complete. As of the date of this report we are not aware of any comments
made by any of these Tribes. Therefore, the Second Report and Order (WTB
Docket No. 17-79) allows construction of the proposed tower Site to
proceed without further consultation with these Native American Tribes.
3.6 Floodplains
Is the Site located in a flood plain? No.
According to information depicted on FEMA - Flood Insurance Rate Mapping,
Panel No. 51069C0208E, dated 1/29/2021, the Site is located in Flood Zone
“X”, an area outside the 100 year flood zone.
3.7 Significant Change in Surface Features
Will the proposed project involve significant change in surface features
(i.e.: wetlands, deforestation or water diversion)? No.
No wetlands were observed on or near the Site. No federal wetlands are
depicted on the National Wetland inventory mapping as being present
within, adjacent to, or within 300 yards of the Project Area.
No water bodies are located on or in proximity to the Site.
The Site is located within a developed commercial storage facility. No
removal of trees will be necessary for the project development. The Site is
located in a suburban area of Frederick County, VA.
3.8 National Scenic Trails
Is the proposed facility located within one mile of a National Scenic Trail?
No.
We have reviewed the National Scenic Trail information on the National
Park Service website. Based on a review of the information contained on
this web site, the Site is not within one mile of a National Scenic Trail.
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3.9 High Intensity White Lights
Is the proposed facility located in a residential neighborhood and required
to be equipped with high intensity white lights? No.
The tower is proposed to be 194 feet tall, and to the best of our knowledge,
will not be equipped, nor required to be equipped, with High Intensity White
Lights.
3.10 Radio-Frequency Radiation
Will the proposed project potentially cause exposure of workers or the
general public to radio frequency (RF) radiation in excess of the assessment
guidelines specified in § 1.1307(b), Table 1? No.
It is our understanding that Diamond Communications will ensure that the
tower meets all regulatory requirements for “maximum permissible
exposure” of RF Radiation.
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4. LIMITATIONS
This report is based upon a visual reconnaissance of the Site, information provided
by Diamond Communications, documentation obtained through research
conducted by DEA, and consultation with applicable government agencies. The
activities described, and the results, findings, and recommendations included
herein are based on information gathered during an investigation which was
limited in scope. A more comprehensive investigation, which may be done later,
may produce different results. The information contained herein was prepared for
the exclusive use of Diamond Communications, solely in conjunction with the
subject investigation. Unless specifically stipulated in the scope of work, nothing
herein should be interpreted as a review of, or compliance with, state or local
regulations. The findings and recommendations set forth herein are based on the
conditions encountered at the subject Site, and the evidence which was available
at the time the Site investigation was conducted. Future investigations and
findings could change the contents of this report. The work conducted and the
report preparation were in accordance with generally accepted environmental
consulting practices. No other expressed or implied warranty is made. This report
is not a legal opinion which can only be provided by individuals licensed to practice
law.
5. CERTIFICATION
The findings presented herein, which may be limited as described above, are
accurate to the best of our knowledge and may be relied on by Diamond
Communications.
_____________________
David A. Jermakian
President
_____________________
Courtney Gaskill
NEPA Manager
_____________________
Virginia M. Janssen
Principal Investigator
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DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX I. Site Plans
441
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
442
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
443
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
444
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
445
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
”
”
”
”
”
”
”
”
”
”
”
”
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NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX II. FEMA FLOOD ZONE MAP
447
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 12/10/2022 at 5:46 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
78°10'49"W 39°12'57"N
78°10'12"W 39°12'29"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
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NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX III. THREATENED & ENDANGERED
SPECIES DOCUMENTATION
449
Travis A. Voyles Frank N. Stovall
Secretary of Natural and Historic Resources Deputy Director
for Operations
Matthew S. Wells Darryl Glover
Director Deputy Director for
Dam Safety,
Floodplain Management and
Soil and Water Conservation
Andrew W. Smith
Chief Deputy Director
Laura Ellis
Deputy Director for
Administration and Finance
600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124
State Parks • Soil and Water Conservation • Outdoor Recreation Planning
Natural Heritage • Dam Safety and Floodplain Management • Land Conservation
April 22, 2023
Courtney Gaskill
Dynamic Environment Assessment, Inc.
3850 Lake Street, Suite C
Macon, GA 31204
Re: 22202017, VA032 Stonewall Storage Cell Tower
Dear Ms. Gaskill:
The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data
System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage
resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary
natural communities, and significant geologic formations.
This project has intersected the karst bedrock screening layer. Encountering undocumented caves, sinkholes or
other sensitive karst features in this area is possible. During every phase of the project, DCR recommends
stabilization of the soil around the site. Minimizing surface disturbance, strict use of E&S control measures
appropriate for the location and adherence to best management practices appropriate for karst will help to reduce
any potential impact to the karst, groundwater, and surface water resources as well as any associated fauna and
flora.
If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the
project, please coordinate with Wil Orndorff (540-230-5960, Wil.Orndorff@dcr.virginia.gov) the Virginia DCR,
Division of Natural Heritage Karst Protection Coordinator, to document and minimize adverse impacts. Activities
such as discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances
can lead to environmental impacts including surface collapse, flooding, erosion and sedimentation, contamination
of groundwater and springs, and degradation of subterranean habitat for natural heritage resources (e.g., cave
adapted invertebrates, bats). These potential impacts are not necessarily limited to the immediate project area, as
karst systems can transport water and associated contaminants rapidly over relatively long distances, depending
on the nature of the local karst system. If the project involves filling or “improvement” of sinkholes or cave
openings, DCR would like detailed location information and copies of the design specifications. In cases where
sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.
In addition, according to the United States Fish and Wildlife Service (USFWS) Guidance dated April 2018,
“almost 7 million birds, predominantly night-migrating songbirds, die annually as a result of collisions with lit
communication towers in the United States. Given the height, structural engineering needs (i.e., guy wires), and
obstruction lighting requirements, communication towers may cause direct and indirect bird mortality” (USFWS,
2018). Therefore, to reduce the risk of bird mortality at communication towers, DCR recommends comprehensive
voluntary implementation of USFWS guidelines for Communication Tower Design, Siting, Construction,
Operation, Maintenance and Decommissioning
450
(https://www.fws.gov/migratorybirds/pdf/management/usfwscommtowerguidance.pdf).
Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer
Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed
threatened and endangered plant and insect species. The current activity will not affect any documented state-listed
plants or insects.
There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.
New and updated information is continually added to Biotics. Please re-submit a completed order form and project
map for an update on this natural heritage information if the scope of the project changes and/or six months has
passed before it is utilized.
A fee of $125.00 has been assessed for the service of providing this information. Please find attached an invoice
for that amount. Please return one copy of the invoice along with your remittance made payable to the Treasurer
of Virginia, DCR Finance, 600 East Main Street, 24th Floor, Richmond, VA 23219. Payment is due within thirty
days of the invoice date. Please note late payment may result in the suspension of project review service for future
projects.
The Virginia Department of Wildlife Resources (VDWR) maintains a database of wildlife locations, including
threatened and endangered species, trout streams, and anadromous fish waters that may contain information not
documented in this letter. Their database may be accessed from http://vafwis.org/fwis/ or contact Amy Martin at
804-367-2211 or amy.martin@dwr.virginia.gov.
Should you have any questions or concerns, feel free to contact me at 804-371-2708. Thank you for the
opportunity to comment on this project.
Sincerely,
S. René Hypes
Natural Heritage Project Review Coordinator
Cc: Wil Orndorff, DCR-Karst
Literature Cited
U.S. Fish and Wildlife Service. 2018. Recommended Best Practices for Communication Tower
Design, Siting, Construction, Operation, Maintenance, and Decommissioning.
451
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Electronic Form
March 23, 2023
Project Review Coordinator
Department of Conservation and Recreation
Natural Heritage Program
600 E. Main Street, 24th Floor
Richmond, VA 23219
Re: Informal Biological Assessment
Stonewall Storage - VA032 Site, Site No. VA032
Winchester, Frederick County, VA
DEA No. 22202017
To Whom It May Concern:
Dynamic Environmental Associates, Inc. is completing a NEPA Review for the
proposed construction of a telecommunications tower facility (Undertaking) within
the State of Virgina, in accordance with 47 CFR 1.1307 (a) 3. As described herein,
an Informal Biological Assessment (IBA) has been conducted on behalf of Diamond
Communications (Diamond Towers V LLC) to identify federal and state threatened
and endangered species (T&E) and/or critical habitat that may be located at or near
the proposed project location and evaluate the potential for the proposed Undertaking
to affect these species and habitat. Further, the IBA also evaluated the potential
effect of the proposed Undertaking on migratory birds.
Project Description: Diamond Communications is proposing to construct a
telecommunications tower facility within a 80' x 30' lease parcel (Site). The proposed
tower compound will consist of a 185’ tall (overall height of 194’ with appurtenances)
Monopole tower and associated communication equipment, all surrounded by a chain
link fence. Access to the site will be via a proposed 20’ by 1,093’ long access/utility
easement that will extend in a northerly direction from North Frederick Pike to
the proposed project area. However, for the purposes of this assessment, the
Site is defined as the lease parcel, the tower compound, and the proposed
access/utility easement (collectively known as the Project Area).
Project Location: The Site is located within a larger Parent Tract parcel of land
located at 178 Rivendell Court, Winchester, Frederick County, Virgina at Latitude
N39° 12' 43.28", and Longitude W78° 10' 30.78".
The following has been derived from information provided by Diamond
Communications, a review of available data and literature, and on observations made
during a site visit conducted on March 9, 2023: Weather was sunny and 45°F.
Project Area: The Site is located on the western portion of the Parent
Tract and consists of an undeveloped grassy land.
452
VA Department of Conservation and Recreation
-2- March 23, 2023
Parent Tract and Vicinity: The Parent Tract consists of commercial
storage facilities, parking lots, and undeveloped grassy land. The
subject property is found in a suburban area of Frederick County,
Virginia. The surrounding area includes undeveloped land to the north,
residential land to the east, and commercial properties to the south and
west.
Site Reconnaissance & Data Review: DEA obtained current listings of species
and habitat information for plants and animals protected or proposed for protection
under the Federal Endangered Species Act, or state statute. The attached
documentation presents state and federal listed, and candidate Threatened or
Endangered (T&E) species known, or suspected, to exist within a 3-mile radius of the
Project Area as well as a project location specific USFWS IPaC report. Aquatic species
were excluded from assessment as not applicable to this project. No Threatened or
Endangered Species were observed during our Site visit. Based on the data available
and our field observations, we find that the proposed project will have no effect on
Threatened and Endangered Species.
DEA also reviewed “designated critical habitat” as defined in 50 CFR and confirmed
that no designated or proposed critical habitat exists in the site area.
Although a wetland delineation was not within the scope of this assessment, no
obvious evidence of wetlands were observed within or adjacent to the Project Area.
No federal wetlands are depicted on the National Wetland inventory mapping as being
present within, adjacent to, or within 300 yards of the Project Area.
No evidence of surface water was observed within the Project Area.
Hydric soils and hydrophytic vegetation were not observed within or adjacent to the
Project Area. Observations made within the Project Area indicate the presence of
loams and outcrop complexes, typical of the Frederick-Poplimento soil series mapped
in this area by the USDA-SCS.
USFWS recommendations, published in the 2018 U.S. Fish and Wildlife Service
(USFWS) Recommended Best Practices for Communication Tower Design, Siting,
Construction, Operation, Maintenance, and Decommissioning, state the preferred
tower height to decrease potential effects on migratory birds is less than 200 feet
tall. The siting and design process for this project could not conform to all the USFWS
recommendations. Therefore, it has included mitigating factors such as consideration
of collocation, tower siting with existing towers or in minimally sensitive areas,
limiting tower height to 194’ tall, and eliminating the need for guy wires and FAA
obstruction lighting.
Conclusions: Based on data collected during our site reconnaissance and from
various maps, and publicly available information it is DEA’s opinion that:
No evidence was discovered suggesting that state or federally protected
species are present or occur within the Project Area.
453
VA Department of Conservation and Recreation
-3- March 23, 2023
No habitat capable of supporting state or federally protected species is present
within or adjacent to the Project Area.
The proposed project will have no effect on state or federally protected species.
The proposed project is not likely to adversely affect migratory birds.
The Project Area is not designated as “Critical Habitat” as defined in 50 CFR
and no impact to Critical Habitat will occur.
The proposed project will not impact wetlands or other waters of the United
States.
Based on information provided herein, it is our current opinion that the proposed
project will have no effect on Threatened or Endangered Species or migratory birds,
and we request your concurrence.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Courtney Gaskill
NEPA Manager
enc.
22202017 – VA DCR IBA
454
March 07, 2023
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
Phone: (804) 693-6694 Fax: (804) 693-9032
In Reply Refer To:
Project Code: 2023-0052607
Project Name: (22202017) - Stonewall Storage - VA032
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity
proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination'
conducted by the Refuge. Please contact the individual Refuges to discuss any questions or
concerns.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
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03/07/2023 2
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Project Code in the header of this
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03/07/2023 3
▪
▪
▪
letter with any request for consultation or correspondence about your project that you submit to
our office.
Attachment(s):
Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries
Migratory Birds
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03/07/2023 1
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Virginia Ecological Services Field Office
6669 Short Lane
Gloucester, VA 23061-4410
(804) 693-6694
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03/07/2023 2
PROJECT SUMMARY
Project Code: 2023-0052607
Project Name: (22202017) - Stonewall Storage - VA032
Project Type: Communication Tower New Construction
Project Description: The proposed project will include the development of a new
telecommunications tower facility, including a lease area to contain a 194'
tall monopole tower, a 20' wide temporary construction easement along
the west and south sides of the proposed lease area, and proposed access
and utility easements.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@39.2118938,-78.17509952213655,14z
Counties: Frederick County, Virginia
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1.
ENDANGERED SPECIES ACT SPECIES
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
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03/07/2023 1
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
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1.
2.
3.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Breeds Sep 1 to
Aug 31
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15
to Oct 10
1
2
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NAME
BREEDING
SEASON
Black-capped Chickadee Poecile atricapillus practicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds Apr 10
to Jul 31
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Jul 31
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Aug 10
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds Apr 27
to Jul 20
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Mar 15
to Aug 25
Golden-winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Breeds May 1
to Jul 20
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 20
to Aug 20
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
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1.
2.
3.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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03/07/2023 4
no data survey effort breeding season probability of presence
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC
Vulnerable
Black-billed
Cuckoo
BCC Rangewide
(CON)
Black-capped
Chickadee
BCC - BCR
Bobolink
BCC Rangewide
(CON)
Canada Warbler
BCC Rangewide
(CON)
Cerulean Warbler
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Golden-winged
Warbler
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
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03/07/2023 5
▪
▪
▪
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty Blackbird
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
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03/07/2023 6
1.
2.
3.
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
"BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
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Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
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IPAC USER CONTACT INFORMATION
Agency: Federal Communications Commission
Name: Stephen Mitchell
Address: 3850 Lake Street C.
City: Macon
State: GA
Zip: 31204
Email smitchell@dynamicenvironmental.com
Phone: 8779684787
469
470
471
472
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 1
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Location Map
SITE
N
S
E W
473
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 2
www.DynamicEnvironmental.com • (877) 968-4787
For:
SITE
USGS Topographic Map
7.5 Minute Series, Winchester, VA Quadrangle (1997),
Scale 1:24,000
N
S
E W
474
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 3
www.DynamicEnvironmental.com • (877) 968-4787
For:
2019 Aerial Photograph
N
S
E W
SITE
475
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 4
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Diagram
476
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 5
www.DynamicEnvironmental.com • (877) 968-4787
For:
NWI Map
N
S
E W
SITE
No Wetlands Mapped in the Project Area
477
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 6
www.DynamicEnvironmental.com • (877) 968-4787
For:
Critical Habitat Map
N
S
E W
No Critical Habitat Mapped in the Project Area
SITE
478
Informal Biological Assessment
Stonewall Storage—VA032 Site
Frederick County, Virginia
Date: 03/7/2023 DEA No.: 22202017 Figure No.: 7
www.DynamicEnvironmental.com • (877) 968-4787
For:
Migratory Bird Flyway Map
N
S
E W
SITE
479
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
480
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
481
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
482
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
483
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
”
”
”
”
”
”
”
”
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484
922202017 DEA, Inc.
Photo 2 - View towards the subject area, facing west.
Photo 1 - View towards the subject area, facing south.
485
922202017 DEA, Inc.
Photo 4 - View towards the subject area, facing east.
Photo 3 - View towards the subject area, facing north.
486
922202017 DEA, Inc.
Photo 6 - View from the subject area, facing east.
Photo 5 - View from the subject area, facing north.
487
922202017 DEA, Inc.
Photo 8 - View from the subject area, facing west.
Photo 7 - View from the subject area, facing south.
488
922202017 DEA, Inc.
Photo 12 - View towards access road intersection, facing south.
Photo 11 - View towards access road intersection, facing north.
489
Page 1 of 5 DEA No.: 22202017
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Bat, Indiana Myotis sodalis Federal
Endangered
In hibernation, limestone caves with pools
are preferred. Hall (1962) noted that
preferred caves are of medium size with
large, shallow passageways. Roosts
usually are in the coldest part of the cave.
During the fall, when these bats swarm and
mate at their hibernacula, males roost in
trees nearby during the day and fly to the
cave during the night. In summer, habitat
consists of wooded or semiwooded areas,
mainly along streams. Solitary females or
small maternity colonies bear their offspring
in hollow trees or under loose bark of living
or dead trees (Humphrey et al. 1977,
Garner and Gardner 1992).
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
Bat, Northern
Long-eared
Myotis
septentrionalis
Federal
Threatened
State
Threatened
This bat generally is associated with old-
growth forests composed of trees 100
years old or older. It relies on intact interior
forest habitat, with low edge-to-interior
ratios. Relevant late-successional forest
features include a high percentage of old
trees, uneven forest structure (resulting in
multilayered vertical structure), single and
multiple tree-fall gaps, standing snags, and
woody debris. These late successional
forest characteristics may be favored for
several reasons, including the large
number of partially dead or decaying trees
that the species uses for breeding, summer
day roosting, andforaging. [Source:
USFWS 2011, which see for citations of
further literature]
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
490
Page 2 of 5 DEA No.: 22202017
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Falcon,
Peregrine
Falco peregrinus State
Threatened
Various open situations from tundra,
steppe, moorlands, and seacoasts,
especially where there are suitable nesting
cliffs, to mountains, open forested regions,
and human population centers (AOU
1983). When not breeding, occurs in areas
where prey concentrate, including
farmlands, marshes, lakeshores, river
mouths, tidal flats, dunes and beaches,
broad river valleys, cities, and airports.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
Shrike,
Loggerhead
Lanius
ludovicianus
State
Threatened
BREEDING: Open country with scattered
trees and shrubs, savanna, desert scrub
(southwestern U.S.), and, occasionally,
open woodland; often perches on poles,
wires or fenceposts (Tropical to Temperate
zones) (AOU 1983). Suitable hunting
perches are an important part of the habitat
(Yosef and Grubb 1994). NON-
BREEDING: During periods of cold with
snow cover, sometimes moves into
woodlots (Byrd and Johnston 1991). In
winter in Virginia, many move from
pastures to shrub and open forest habitats
during periods of cold, wet weather
(Blumton et al. 1989).
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
491
Page 3 of 5 DEA No.: 22202017
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Shrike,
Migrant
loggerhead
Lanius
ludovicianus
migrans
State
Threatened
Loggerhead shrike habitat consists of
grasslands and open, agricultural areas
characterized by short vegetation and
scattered trees, shrubs or hedgerows for
nesting cover and hunting and lookout
perches. This species typically prefers
pastures, old fields and orchards, roadside
fencerows, and native prairies and
grasslands. This bird also utilizes riparian
areas and open woodlands as well as
agricultural fields with row crops (e.g., corn,
soybeans, etc.), mowed roadsides, parks,
cemeteries and golf courses.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
Bat, Little
Brown
Myotis lucifugus State
Endangered
These bats use a wide range of habitats
and often use human-made structures for
resting and maternity sites; they also use
caves and hollow trees. Foraging habitat
requirements are generalized; foraging
occurs over water, along the margins of
lakes and streams, or in woodlands near
water. Winter hibernation sites (caves,
tunnels, abandoned mines, and similar
sites) generally have a relatively stable
temperature of about 2-12 C (see Kunz and
Reichard 2010). Maternity colonies
commonly are in warm sites in buildings
(e.g., attics) and other structures; also
infrequently in hollow trees. Microclimate
conditions suitable for raising young are
relatively narrow, and availability of suitable
maternity sites may limit the species'
abundance and distribution.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
492
Page 4 of 5 DEA No.: 22202017
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Butterfly,
Monarch
Danaus plexippus Federal
Candidate
Habitat is a complex issue for this species.
In general, breeding areas are virtually all
patches of milkweed in North America and
some other regions. The critical
conservation feature for North American
populations is the overwintering habitats,
which are certain high altitude Mexican
conifer forests or coastal California conifer
or Eucalyptus groves as identified in
literature. It appears virtually all North
American monarchs overwinter in one of
these two areas. Lethal cold would
preclude successful overwintering in places
like the Gulf Coast and much of Florida
some years and it appears these are not
major wintering regions as used to be
assumed. In addition certain major coastal
migratory stopovers may be important
conservation sites especially those in along
Delaware Bay in New Jersey including
Cape May where adults may holdover for
several days awaiting suitable conditions
for crossing the Bay. There are major, but
probably less important, roosting sites
farther north such as east of New Haven
and probably others farther south perhaps
even as far as Cuba. Coastal regions are
important flyways and so nectar (wild or in
gardens) is an important resource in such
places. In places like Hawaii and some
others the species simply breeds year
round and is not really migratory.
No Effect No habitat capable of
supporting this species exists
within the project site or on
the Parent Tract property.
493
Page 5 of 5 DEA No.: 22202017
TABLE 1: Federal & State Species Listing
Note: No surface waters are within the project area. Aquatic species have been excluded.
Common
Name
Scientific
Name
Federal
Species
Status
State
Species
Status Species Habitat Requirement
Species
Effect Rationale
Wren,
Bewick's
Thryomanes
bewickii
State
Endangered
Thickets, underbrush, gardens. In the west,
found in many brushy or wooded habitats
at lower elevations, including undergroth in
woods of oak and pine, streamside groves,
chaparral, desert washes, subruban areas.
In the east (where now scarce), mostly in
brushy areas around the edges of woods.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
Turtle, Wood Glyptemys
insculpta
State
Threatened
Primarily found near the forested streams
in which they hibernate during the winter.
They will readily leave the water and move
to open grasslands, barrens, and sandy
shores for nesting and foraging, particularly
during spring.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
Skipper,
Appalachian
Grizzled
Pyrgus wyandot State
Threatened
Found in open, sparsely grassed and
barren areas in close proximity (usually
less than 30 meters) to oak or pine forests.
No Effect No habitat capable of
supporting this species exists
onsite or in the general area.
494
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
3/7/2023
Page 1 of 343440204344050434408043441104344140434417043442004344020434405043440804344110434414043441704344200743770743800743830743860743890743920743950743980744010744040744070
743770 743800 743830 743860 743890 743920 743950 743980 744010 744040 744070
39° 12' 46'' N 78° 10' 36'' W39° 12' 46'' N78° 10' 22'' W39° 12' 39'' N
78° 10' 36'' W39° 12' 39'' N
78° 10' 22'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 50 100 200 300Feet
0 20 40 80 120Meters
Map Scale: 1:1,500 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
495
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:15,800.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Frederick County, Virginia
Survey Area Data: Version 17, Aug 26, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Sep 23, 2020—Nov
3, 2020
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
3/7/2023
Page 2 of 3 496
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
14B Frederick-Poplimento loams, 2
to 7 percent slopes
1.1 32.2%
17C Frederick-Poplimento-Rock
outcrop complex, 2 to 15
percent slopes
2.3 67.8%
Totals for Area of Interest 3.3 100.0%
Soil Map—Frederick County, Virginia
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
3/7/2023
Page 3 of 3
497
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/7/2023 at 10:45 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
78°10'49"W 39°12'57"N
78°10'12"W 39°12'29"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
498
SOURCES
Project Name: Stonewall Storage – VA032
Project No.: 22202017
1. NatureServe Online database. Association for Biodiversity Information.
http://www.natureserve.org/
2. U.S. Fish & Wildlife Service, Environmental Conservation Online System.
http://ecos.fws.gov/ecos/indexPublic.do
3. U.S. Fish & Wildlife Service, IPaC - Information, Planning, and Conservation System
http://ecos.fws.gov/ipac/
4. Virginia Department of Conservation and Recreation: Natural Heritage Program.
http://www.dcr.virginia.gov/natural_heritage/index.shtml
5. Virginia Department of Game and Inland Fisheries Information Service
http://vafwis.org/fwis/
6. The Flora of North America. http://www.efloras.org/flora_page.aspx?flora_id=1
7. The Center for Plant conservation.
http://www.centerforplantconservation.org/collection/cpc_viewprofile.asp?CPCNum=
2466
499
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX IV. SECTION 106 REVIEW DOCUMENTATION
500
1
Virginia M. Janssen
From:towernotifyinfo@fcc.gov
Sent:Tuesday, April 25, 2023 4:16 PM
To:SEC106
Subject:Section 106 Notification of SHPO/THPO Concurrence- Email ID #8319891
This is to notify you that the Lead SHPO/THPO has concurred with the following filing:
Date of Action: 04/25/2023
Direct Effect: No Effect on Historic Properties in APE
Visual Effect: No Effect on Historic Properties in APE
Comment Text: None
File Number: 0010480165
TCNS Number: 263107
Purpose: New Tower Submission Packet
Notification Date: 7AM EST 03/31/2023
Applicant: Diamond V LLC (22202017)
Consultant: Dynamic Environmental Associates, Inc.
Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No
Site Name: Stonewall Storage - VA032
Site Address: 178 Rivendell Court
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Site Coordinates: 39-12-43.3 N, 78-10-30.8 W
City: Winchester
County: FREDERICK
State:VA
Lead SHPO/THPO: Virginia Department of Historic Resources
NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE
Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic
Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure
under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose.
Appropriate action will be taken with respect to any misuse of the system.
501
1
Virginia M. Janssen
From:towernotifyinfo@fcc.gov
Sent:Thursday, March 30, 2023 10:16 AM
To:SEC106
Subject:Section 106 New Filing Submitted- Email ID #8213640
The following new Section 106 filing has been submitted:
File Number: 0010480165
TCNS Number: 263107
Purpose: New Tower Submission Packet
Notification Date: 7AM EST 03/31/2023
Applicant: Diamond V LLC (22202017)
Consultant: Dynamic Environmental Associates, Inc.
Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No
Site Name: Stonewall Storage - VA032
Site Address: 178 Rivendell Court
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Site Coordinates: 39-12-43.3 N, 78-10-30.8 W
City: Winchester
County: FREDERICK
State:VA
Lead SHPO/THPO: Virginia Department of Historic Resources
Consultant Contact Information:
Name: Dynamic Environmental Associates, Inc.
Title: Principal Archaeologist
PO Box:
Address: 3850 Lake Street Suite C
City: Macon
State: GA
Zip: 31204
Phone: 877-968-4787
Fax:
Email: Sec106@DynamicEnvironmental.com
NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE
Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic
Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure
under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose.
Appropriate action will be taken with respect to any misuse of the system.
502
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: timothy.youmans@winchesterva.gov
February 28, 2023
Mr. Tim Youmans
City of Winchester Planning
Rouss City Hall
15 North Cameron Street, Suite 318
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Mr. Youmans:
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
503
Mr. Youmans
City of Winchester Planning -2- February 28, 2023
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a lease area to
contain a 194' tall monopole tower,a 20' wide temporary
construction easement along the west and south sides of
the propoposed lease area, and proposed access and utility
easements.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
504
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: mkalbian@verizon.net; portal
February 28, 2023
Ms. Maral Kalbian
Frederick County Historic Resources Advisory Board
107 N. Kent St.
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Ms. Kalbian:
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
505
Ms. Kalbian
Frederick County Historic Resources Advisory Board
-2- February 28, 2023
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a tower.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
506
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email & U.S. Mail
Email: portal
February 28, 2023
To Whom it May Concern
Winchester-Frederick County Historical Society
Hollingsworth Mill
1340 S. Pleasant Valley Road
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area
will be located abutting a 80.5' x 129.7' building. The
4.40-acre Parent Tract is identified by Parcel # 42-A-
198N. Existing access extends north from North Frederick
Pike, thru a developed parcel immediately to the south,
and ends at the Parent Tract.
Proposed Project
Description:
The proposed project will include the development of a
new telecommunications tower facility, including a fenced
equipment compound and a tower.
507
Winchester-Frederick County Historical Society
-2- February 28, 2023
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
508
509
510
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Info@VirginiaHistory.org
February 28, 2023
To Whom it May Concern
Virginia Museum of History and Culture
PO Box 7311
Richmond, VA 23221
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a tower.
511
Virginia Museum of History and Culture -2- February 28, 2023
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
512
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Tuesday, February 28, 2023 10:23 AM
To:SEC106
Subject:RE: DEA# 22302017 - Stonewall Storage Site - City of Winchester Planning - Invitation to
Comment
TCS ANTI-PHISHING SECURITY
Warning: Sender Timothy.Youmans@winchesterva.gov is not yet trusted by your organization.
Please be careful before replying or clicking on the URLs.
Report as Phishing Remove Banner if Safe
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No comments from the City of Winchester.
Thanks,
Tim
Timothy A. Youmans
Planning Director
City of Winchester
15 N. Cameron Street
Winchester, VA 22601
Phone: (540) 667-1815 ext. 1415
Email: timothy.youmans@winchesterva.gov
www.winchesterva.gov/planning
513
514
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX V. NATIVE AMERICAN CONSULTATION
DOCUMENTATION
515
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Tribal Consultation Summary Table
516
DEA No. Client No.TCNS No. TCNS NOO
922202017 VA032 Stonewall Storage - VA032 263107 03/03/23
Email/ Other Regular Mail Email/ Other Regular Mail
TCNS
Escalation
Manual
Escalation
FCC Final
Contact
Gov 2 Gov
Consultation Date Type
Bad River Band of Lake Superior Chippewa Indians NA NA NA NA NA NA NA NA 04/02/23 30 Day No Response
Catawba Indian Nation NA 03/30/23 NA 04/11/23 NA NA NA NA 05/04/23 Tribal Response
Chickahominy Indian Tribe 03/30/23 NA 04/11/23 NA 05/01/23 NA 05/04/23 NA 05/19/23 FCC Escalation
Delaware Nation 03/30/23 NA 04/11/23 NA 05/01/23 NA 05/04/23 NA 05/19/23 FCC Escalation
Eastern Shawnee Tribe of Oklahoma NA 03/30/23 NA NA NA NA NA NA 04/03/23 Tribal Response
Monacan Indian Nation 03/30/23 NA NA NA NA NA NA NA 04/06/23 Tribal Response
Nansemond Indian Tribe 03/30/23 NA 04/11/23 NA 05/01/23 NA 05/04/23 NA 05/19/23 FCC Escalation
Pamunkey Indian Tribe NA NA NA NA NA NA NA NA 04/02/23 30 Day No Response
Prairie Island Indian Community NA NA NA NA NA NA NA NA 04/02/23 30 Day No Response
Rappahannock Tribe 03/30/23 NA 04/11/23 NA 05/01/23 NA 05/04/23 NA 05/19/23 FCC Escalation
Tuscarora Nation NA NA NA NA NA NA NA NA 04/02/23 30 Day No Response
The Upper Mattaponi Indian Tribe 03/30/23 NA 04/11/23 NA 05/01/23 NA 05/04/23 NA 05/19/23 FCC Escalation
Site Name
Tribal Consultation Summary
TRIBAL NATION
INITIAL OUTREACH (Form
620/621 or Alternate
Submission Package)
FOLLOW UP OUTREACH FCC ESCALATION TRIBAL CONSULTATION COMPLETE
517
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Tower Construction Notification System (TCNS) Documentation
518
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Monday, February 27, 2023 1:18 PM
To:NATC
Subject:Proposed Tower Structure Info - Email ID #8464611
Dear Dynamic Environmenta Associates Inc,
Thank 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: 02/27/2023
Notification ID: 263107
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 12 min 43.3 sec N
Longitude: 78 deg 10 min 30.8 sec W
Location Description: 178 Rivendell Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Ground Elevation: 248.1 meters
Support Structure: 56.4 meters above ground level
Overall Structure: 59.1 meters above ground level
Overall Height AMSL: 307.2 meters above mean sea level
519
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Friday, March 3, 2023 3:17 AM
To:NATC
Cc:tcnsweekly@fcc.gov
Subject:NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER
CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8467153
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 VII.A 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-recognized 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. TCNS Coordinator Tiffany Martinez - Delaware Nation - 31064 State Highway 281 (PO Box: 825) Anadarko, OK
- tmartinez@delawarenation-nsn.gov - 405-247-2448 (ext: 1403) - electronic mail
Exclusions: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation
procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email
subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster
with this information.
520
2
2. TCNS Rep Bryan Printup - Tuscarora Nation - 5226 Walmore 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.
3. THPO Noah C White III - Prairie Island Indian Community - 5636 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 law.
4. THPO Edith Leoso - Bad River Band of Lake Superior Tribe of Chippewa Indians - (PO Box: 39) Odanah, WI -
thpo@badriver-nsn.gov; deputyTHPO@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.
5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East 128 Road Wyandotte,
OK - celltower@estoo.net - 918-238-5151 (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: CellTower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
521
3
Provide a 1-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.
6. THPO and Executive Director Dr. Wenonah G Haire DMD - Catawba Indian Nation - 1536 Tom Steven Road
Catawba Cultural Center Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803-417-9057 -
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
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 letter 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@ccppcrafts.com
7. Chief Robert Gray - Pamunkey Indian Tribe - 1054 Pocahontas Trail King William, VA -
robert.gray@pamunkey.org; pamunkeytribe@pamunkey.org - 804-843-2452 - electronic mail
If the applicant/tower builder receives no response from the Pamunkey Indian Tribe within 30 days after
notification through TCNS, the Pamunkey Indian Tribe has no interest in participating in pre-construction review for the
proposed site. The Applicant/tower builder,
522
4
however, must immediately notify the Pamunkey Indian Tribe in the event archaeological properties or human
remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and
applicable law.
8. 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
9. Chief Kenneth W Branham - Monacan Indian Nation - 111 Highview Dr Madison Heights, VA -
Consultation@MonacanNation.com; Consultation@MonacanNation.com - 434-363-4864 - electronic mail
10. Chief Stephen Adkins - Chickahominy Indian Tribe - 7240 Adkins Road Charles City, VA -
stephen.adkins@chickahominytribe.org - 804-829-5548 - electronic mail
11. Chief W. Frank Adams - The Upper Mattaponi Indian Tribe - (PO Box: 184) King William, VA -
wfrankadams@verizon.net - 804-690-1694 - electronic mail
12. Chief Keith Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane Suffolk, VA - chief@nansemond.org;
marion@culturalheritagepartners.com - 757-619-0670 - 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 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 VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA.
13. 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
14. Deputy SHPO David Brook - Historic Preservation Office - 4610 Mail Service Center Raleigh, NC -
david.brook@ncmail.net - 919-807-7283 - electronic mail
523
5
15. Manager - Office of Review & Compliance Ethel R Eaton PhD - Department of Historic Resources - 2801
Kensington Avenue Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail
16. 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
17. 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
18. 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 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: 02/27/2023
Notification ID: 263107
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
524
6
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 12 min 43.3 sec N
Longitude: 78 deg 10 min 30.8 sec W
Location Description: 178 Rivendell Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Ground Elevation: 248.1 meters
Support Structure: 56.4 meters above ground level
Overall Structure: 59.1 meters above ground level
Overall Height AMSL: 307.2 meters above mean sea level
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
525
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Native American Tribal Consultation Documentation
526
May 4, 2023
Attention: Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street
Macon, GA 31204
Re. THPO # TCNS # Project Description
2023-156-5 263107 178 Rivendell Court, Winchester, Frederick Co., VA
Dear Ms. Klima,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
Caitlin.Rogers@catawba.com.
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer
Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax 803-328-5791
527
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: U.S. Mail
April 11, 2023
Dr. Wenonah G. Haire
Catawba Indian Nation
1536 Tom Steven Road CIN-THPO
Rock Hill, South Carolina 29730
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Dr. Haire:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
528
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: U.S. Mail
March 30, 2023
Dr. Wenonah G. Haire
Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Re: Section 106- Project Consultation Request
Dear Dr. Haire:
In accordance with the Federal Communications Commission (FCC)’s
Nationwide Programmatic Agreement for Review of Effects on Historic Properties
for Certain Undertakings (NPA) and the Federal Communications Wireless
Infrastructure and Second Report and Order (WTB Docket No. 17-79), we are
contacting you regarding consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower
Construction Notification System (TCNS). We respectfully request comment on
the proposed activity described below, as it relates to potential impacts on
known resources of religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
529
Dr. Haire
Catawba Indian Nation -2- March 30, 2023
cultural significance to them may be affected by the undertaking1. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
1 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
530
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
531
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: stephen.adkins@chickahominytribe.org
April 11, 2023
Mr. Stephen Adkins
Chickahominy Indian Tribe
7240 Adkins Road
Charles City, Virginia 23030
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Mr. Adkins:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
532
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: stephen.adkins@chickahominytribe.org
March 30, 2023
Mr. Stephen Adkins
Chickahominy Indian Tribe
7240 Adkins Road
Charles City, Virginia 23030
Re: Section 106- Project Consultation Request
Dear Mr. Adkins:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
533
Mr. Adkins
Chickahominy Indian Tribe -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking2. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
2 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
534
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
535
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: tmartinez@delawarenation-nsn.gov;
April 11, 2023
Ms. Tiffany Martinez
Delaware Nation
31064 State Highway 281,
PO Box:825
Anadarko, Oklahoma 73005
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Ms. Martinez:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
536
The Delaware Nation
Historic Preservation Department
31064 State Highway 281
Anadarko, OK 73005
Phone (405)247-2448
To Whom It May Concern:
The Delaware Nation Historic Preservation Department recently received correspondence
regarding the review of a proposed wireless communications facility deployment from your
company.
Our office is committed to protecting tribal heritage, culture and religion with particular concern
for archaeological sites potentially containing burials and associated funerary objects. The
Lenape people occupied the area indicated in your letter during and prior to European contact
until their eventual removal to our present locations.
We would like to accept your invitation for consultation. Attached to this letter is a fee schedule
and invoice reflective of the proposed TCNS project review. This letter does not constitute
consultation or review of your project. Please advise if you would like Delaware Nation to
proceed with the review by sending payment along with the project information.
We appreciate your cooperation in contacting the Delaware Nation Historic Preservation Office
to conduct proper Section 106 consultation. Should you have any questions, feel free to contact
our offices at 405-247-2448 ext. 1403.
Please note the Delaware Nation, the Delaware Tribe of Indians, and the Stockbridge Munsee
Band of Mohican Indians are the only Federally Recognized Delaware/Lenape entities in the
United States and consultation must be made only with designated staff of these three tribes.
Carissa SpeckDirector of Historic Preservation Delaware Nation 31064 State Highway 281 Anadarko, OK 73005 Ph. 405-247-2448 ext. 1403cspeck@delawarenation-nsn.gov
Carissa Speck
537
Delaware Nation
Historic Preservation Department
31064 State Highway 281
P.O. Box 825
Anadarko, OK 73005
Phone (405) 247-2448
If you have any questions about this invoice, please contact
Carissa Speck, (405) 247-2448 ext. 1403, cspeck@delawarenation-nsn.gov
TCNS Review Fee Schedule:
$1,000 for new towers 50 ft and over
$ 500 for collocates
$ 500 for small cell deployment
538
Delaware Nation
Historic Preservation Department
31064 State Highway 281
P.O. Box 825
Anadarko, OK 73005
Phone (405) 247-2448
DESCRIPTION AMOUNT
Thank you for your business!TOTAL
TCNS #
Date BilledInvoice
Bill To:
If you have any questions about this invoice, please contact
Carissa Speck, (405) 247-2448 ext. 1403, cspeck@delawarenation-nsn.gov
539
1
Julia Klima
From:Tiffany Martinez <tmartinez@delawarenation-nsn.gov>
Sent:Thursday, March 30, 2023 12:39 PM
To:NATC
Subject:TCNS 263107
Attachments:DEA TCNS# 263107.pdf
Good Morning,
Please find an invitation to consult and invoice. Thank you!
Wanishi,
Tiffany Martinez
TCNS Coordinator
Delaware Nation
P.O. Box 825
Anadarko, Ok 73005
(405)247-2448 Ext. 1407
tmartinez@delawarenation-nsn.gov
CONFIDENTIALITY NOTE:
This e-mail (including attachments) may be privileged and is confidential information covered by the Electronic
Communications Privacy Act 18 U.S.C. 2510-2521 and any other applicable law, and is intended only for the use of the
individual or entity named herein. If the reader of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, you are hereby notified that any retention, dissemination, distribution
or copying of this communication is strictly prohibited. Although this e-mail and any attachments are believed to be free
of any virus or other defect that might affect any computer system in to which it is received and opened, it is the
responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Delaware Nation or the
author hereof in any way from its use. If you have received this communication in error, please immediately notify us by
return e-mail. Thank you.
540
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: tmartinez@delawarenation-nsn.gov;
March 30, 2023
Ms. Tiffany Martinez
Delaware Nation
31064 State Highway 281, PO Box:825
Anadarko, Oklahoma 73005
Re: Section 106- Project Consultation Request
Dear Ms. Martinez:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
541
Ms. Martinez
Delaware Nation -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking3. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
3 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
542
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
543
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Monday, April 3, 2023 2:25 PM
To:NATC
Cc:tcns.fccarchive@fcc.gov
Subject:Reply to Proposed Tower Structure (Notification ID: 263107) - Email ID #8502023
Dear Dynamic Environmenta Associates Inc,
Thank you for using the Federal CommunicaƟons Commission's (FCC) Tower ConstrucƟon NoƟficaƟon System (TCNS).
The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower
construcƟon noƟficaƟon that you had submiƩed through the TCNS.
The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the Eastern Shawnee Tribe of
Oklahoma in reference to NoƟficaƟon ID #263107:
The Cultural PreservaƟon Department of the Eastern Shawnee Tribe of Oklahoma (ESTO) has received the
documentaƟon for the referenced TCNS project. ESTO has reviewed the project in accordance with SecƟon 106 of the
NaƟonal Historic PreservaƟon Act (NHPA). Based on the informaƟon provided and a review of our records, we find that
this project will have No Adverse Effect on properƟes of sacred and/or cultural significance to the Tribe. The project site
is within the known regional area of the Shawnee prehistorically and historically, be aware of inadvertent discoveries.
However, ESTO has no objecƟon to the project proceeding as described. Please note that any future changes to this
project will require addiƟonal consultaƟon.
In accordance with the NHPA of 1966 (16 U.S.C. § 470-470w-6), federally funded, licensed, or permiƩed undertakings
that are subject to the SecƟon 106 review process must determine effects to significant historic properƟes. As clarified in
SecƟon 101(d)(6)(A-B), historic properƟes may have religious and/or cultural significance to Indian Tribes. SecƟon 106 of
NHPA requires Federal agencies to consider the effects of their acƟons on all significant historic properƟes (36 CFR Part
800) as does the NaƟonal Environmental Policy Act of 1969 (43 U.S.C. § 4321-4347 and 40 CFR § 1501.7(a).
However, if during construcƟon cultural objects or human remains are inadvertently discovered, please stop work
immediately and contact the Cultural PreservaƟon Department of the Eastern Shawnee Tribe of Oklahoma. (918)238-
5151 x1861
Niyaawe,
Kelly Nelson
Cell Tower Coordinator
Eastern Shawnee Tribe of Oklahoma
For your convenience, the informaƟon you submiƩed for this noƟficaƟon is detailed below.
544
2
NoƟficaƟon Received: 02/27/2023
NoƟficaƟon ID: 263107
Tower Owner Individual or EnƟty Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
LaƟtude: 39 deg 12 min 43.3 sec N
Longitude: 78 deg 10 min 30.8 sec W
LocaƟon DescripƟon: 178 Rivendell Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed DescripƟon of Project: The project proposes the development of a new telecommunicaƟons tower facility,
including a lease area to contain a 194Ō tall monopole tower, a 20Ō wide temporary construcƟon easement along the W
& S sides of the lease area & easements. 22202017
Ground ElevaƟon: 248.1 meters
Support Structure: 56.4 meters above ground level
Overall Structure: 59.1 meters above ground level
Overall Height AMSL: 307.2 meters above mean sea level
545
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: U.S. Mail
March 30, 2023
Ms. Kelly Nelson
Eastern Shawnee Tribe of Oklahoma
70500 East 128 Road, Attn: Cell Tower Program
Wyandotte, Oklahoma 74370
Re: Section 106- Project Consultation Request
Dear Ms. Nelson:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
546
Ms. Nelson
Eastern Shawnee Tribe of Oklahoma -2- March 30, 2023
cultural significance to them may be affected by the undertaking4. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
4 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
547
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
548
1
Julia Klima
From:Kaleigh Pollak <kaleigh.monacan@gmail.com>
Sent:Thursday, April 6, 2023 11:36 AM
To:NATC
Subject:Re: FW: TCNS # 263107 – FCC Form Submission - Monacan Indian Nation
TCS ANTI-PHISHING SECURITY
Warning: Sender kaleigh.monacan@gmail.com is not yet trusted by your organization.
Please be careful before replying or clicking on the URLs.
Report as Phishing Remove Banner if Safe
powered by Graphus®
Good Morning,
Thank you for contacting us about the proposed project. The Monacan Indian Nation is a federally
recognized sovereign tribe, headquartered on Bear Mountain in Amherst County. Citizens of the
Nation are descended from Virginia and North Carolina Eastern Siouan cultural and linguistic
groups, and our ancestral territory includes Virginia west of the fall line of the rivers, sections of
southeastern West Virginia, and portions of northern North Carolina. At this time, the active
Monacan consultation areas include:
Virginia: Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland,
Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpepper, Cumberland,
Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Goochland, Grayson, Greene, Halifax,
Henry, Highland, Lee, Loudoun, Louisa, Madison, Mecklenburg, Montgomery, Nelson, Orange,
Page, Patrick, Pittsylvania, Powhatan, Prince Edward, Pulaski, Rappahannock, Roanoke,
Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington,
Wise, and Wythe Counties, and all contiguous cities.
West Virginia: Greenbrier, Mercer, Monroe, Pendleton, Pocahontas, and Summers Counties.
North Carolina: Alamance, Caswell, Granville, Orange, Person, Rockingham, Vance, and Warren
Counties.
At this time, the Nation does not wish to actively participate in this consultation project, because:
This project is outside our ancestral territory
X The project’s impacts are anticipated to be minimal
The project is more closely related to _____, which should be contacted to
participate in consultation
The tribal office does not currently have the capacity to participate in this project
Other:
However, the Nation requests to be contacted if:
549
2
· Sites associated with native history may be impacted by this project;
· Adverse effects associated with this project are identified;
· Human remains are encountered during this project;
· Unanticipated native cultural remains are encountered during this project;
· Other tribes consulting on this project cease consultation; or
· The project size or scope becomes larger or more potentially destructive than currently
described.
Please do not make any assumptions about future consultation interests based on this decision, as
priorities and information may change. We request that you send any future consultation
communications in electronic form to Consultation@MonacanNation.com. We appreciate your
outreach to the Monacan Indian Nation and look forward to working with you in the future.
Kaleigh Pollak
On Fri, Mar 31, 2023 at 12:25 PM Consultation < Consultation@monacannation.com> wrote:
From: NATC <NATC@dynamicenvironmental.com>
Sent: Thursday, March 30, 2023 11:03 AM
To: Consultation <Consultation@monacannation.com>
Subject: TCNS # 263107 – FCC Form Submission - Monacan Indian Nation
Good morning,
We trust this finds you and yours healthy and safe. Please find attached a cover letter and associated FCC Form 620 for
the referenced undertaking.
We look forward to your response.
Thank you much.
Julia Klima
Dynamic Environmental Associates, Inc.
550
3
3850 Lake Street, Suite C
Macon, GA 31204
Phone: (478) 745-7740
Fax: (478) 745-7415
Toll Free: (877) 968-4787
Email: jklima@dynamicenvironmental.com
Website: http://DynamicEnvironmental.com
551
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Consultation@MonacanNation.com;
March 30, 2023
Mr. Kenneth W. Branham
Monacan Indian Nation
111 Highview Dr
Madison Heights, Virginia 24572-2712
Re: Section 106- Project Consultation Request
Dear Mr. Branham:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
552
Mr. Branham
Monacan Indian Nation -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking5. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
5 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
553
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
554
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: chief@nansemond.org; assistantchief@nansemond.org
April 11, 2023
Mr. Keith Anderson
Nansemond Indian Tribe
5005 Mosey Way
Virginia Beach, Virginia 23455
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Mr. Anderson:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
555
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: chief@nansemond.org; marion@culturalheritagepartners.com
March 30, 2023
Mr. Keith Anderson
Nansemond Indian Tribe
5005 Mosey Way
Virginia Beach, Virginia 23455
Re: Section 106- Project Consultation Request
Dear Mr. Anderson:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
556
Mr. Anderson
Nansemond Indian Tribe -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking6. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
6 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
557
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
558
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: ellen@culturalheritagepartners.com; rapn8n@gmail.com
April 11, 2023
Ms. Ellen Chapman
Rappahannock Tribe
1811 East Grace St Suite A
Richmond, Virginia 23223
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Ms. Chapman:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
559
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: ellen@culturalheritagepartners.com; rapn8n@gmail.com
March 30, 2023
Ms. Ellen Chapman
Rappahannock Tribe
1811 East Grace St Suite A
Richmond, Virginia 23223
Re: Section 106- Project Consultation Request
Dear Ms. Chapman:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
560
Ms. Chapman
Rappahannock Tribe -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking7. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
7 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
561
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
562
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: wfrankadams@verizon.net
April 11, 2023
Mr. W. Frank Adams
The Upper Mattaponi Indian Tribe
PO Box: 184
King William, Virginia 23086
Re: Section 106 Consultation Request Follow Up
Diamond Communications
Stonewall Storage - VA032 Site (No.: VA032)
DEA No.: 22202017
TCNS No.: 263107
Dear Mr. Adams:
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS) on March 3, 2023. Dynamic Environmental Associates,
Inc. (DEA) submitted a complete copy of the FCC Submission Packet for your review
on March 30, 2023.
DEA respectfully would like to encourage you to provide comments on the potential
impacts the proposed undertaking may have on known historic properties that are of
religious or cultural significance to your Tribe. Please note that if a response is not
received within 35 days (30 days if received via Email) from the above stated
submission date, DEA will refer this matter to the FCC for resolution, per Section IV.
G of the Nationwide Programmatic Agreement (NPA) and Article IV A. 2 § 103 of the
Wireless Infrastructure Streaming Report and Order, WT Docket No. 17-79 (Second
Report and Order).
Your assistance is greatly appreciated, and we look forward to hearing from you even
if you should decide that this project is of no interest to your Tribe.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
22202017
563
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: wfrankadams@verizon.net
March 30, 2023
Mr. W. Frank Adams
The Upper Mattaponi Indian Tribe
PO Box: 184
King William, Virginia 23086
Re: Section 106- Project Consultation Request
Dear Mr. Adams:
In accordance with the Federal Communications Commission (FCC)’s Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for Certain
Undertakings (NPA) and the Federal Communications Wireless Infrastructure and
Second Report and Order (WTB Docket No. 17-79), we are contacting you regarding
consultation for the below referenced project.
You were initially notified of this proposed undertaking via the Tower Construction
Notification System (TCNS). We respectfully request comment on the proposed
activity described below, as it relates to potential impacts on known resources of
religious and/or cultural importance to your Tribe.
The following table presents a summary of the proposed project:
TCNS No.: 263107
DEA Project No.: 22202017
Site Name & No.: Stonewall Storage - VA032
Applicant: Diamond Communications
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease
area will be located abutting a 80.5' x 129.7' building.
The 4.40 acre Parent Tract is identified by Parcel #
42-A-198N. Existing access extends north from North
Frederick Pike, thru a developed parcel immediately
to the south, and ends at the Parent Tract.
Proposed Project Description: The proposed project will include the development of
a new telecommunications tower facility, including a
lease area to contain a 194' tall monopole tower,a 20'
wide temporary construction easement along the
west and south sides of the propoposed lease area,
and proposed access and utility easements.
Following guidance provided by the FCC, we are submitting the Form 620 Submission
Packet in accordance with the FCC Rules. The FCC has deemed this information to
564
Mr. Adams
The Upper Mattaponi Indian Tribe -2- March 30, 2023
constitute “a reasonable and good faith effort to provide the information reasonably
necessary for Tribal Nations to ascertain whether historic properties of religious and
cultural significance to them may be affected by the undertaking8. In addition, the
FCC Rules and the Advisory County for Historic Preservation’s guidance stipulates
that there is no obligation to pay “up-front fees” for the opportunity to comment on
proposed undertakings. Neither DEA nor the Applicant(s) are entering into any
contract, either implied or actual, to pay any fees associated with this outreach.
Specific consulting services, if any, which may be required from your Tribe would be
negotiated and memorialized through a signed agreement.
We would appreciate receiving a response at your earliest convenience. If no
response is received within 35 days (30 days if received via Email) from the date of
this letter, we will escalate this matter to the FCC for resolution.
Please respond via e-mail to NATC@DynamicEnvironmental.com, and/or via U.S.
Mail. Additionally, you may respond within the TCNS System.
We trust that this information is suitable for your needs and we are available to
discuss this project, at your convenience.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Tribal Coordinator
DEA: 22202017
8 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Second Report and Order.
565
The Form 620 Submission Packet
was included as an attachment to this letter.
A copy of this document is included elsewhere in this report.
566
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC.
Native American Tribal Referral Documentation
567
568
569
570
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Thursday, May 4, 2023 9:01 AM
To:NATC
Cc:tcnsweekly@fcc.gov
Subject:Proposed Construction of Communications Facilities Notification of Final Contacts -
Email ID #33920
Diamond Towers V LLC
Dynamic Environmenta Associates Inc
3850 Lake Street
Suite C
Macon, GA 31204
Dear Applicant:
This leƩer addresses the proposed communicaƟons faciliƟes listed below that you have referred to the Federal
CommunicaƟons Commission (Commission) for purposes of contacƟng federally recognized Indian Tribes, including
Alaska NaƟve Villages (collecƟvely Indian Tribes), and NaƟve Hawaiian OrganizaƟons (NHOs), as specified by SecƟon IV.G
of the NaƟonwide ProgrammaƟc Agreement (NPA). Consistent with the procedures outlined in the Commission's
Wireless Infrastructure Second Report and Order (1), we have contacted the Indian Tribes or NHOs idenƟfied in the
aƩached Table for the projects listed in the aƩached Table. You referred these projects to us between 04/27/2023 and
05/04/2023. Our contact with these Tribal NaƟons or NHOs was sent on 05/04/2023.
Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or Commission staff do not
receive a statement of interest regarding a parƟcular project from any Tribe or NHO within 15 calendar days of
05/04/2023, your obligaƟons under SecƟon IV of the NPA with respect to these Tribal NaƟons or NHOs are complete. If a
Tribal NaƟon or NHO responds that it has concerns about a historic property of tradiƟonal religious and cultural
significance that may be affected by the proposed construcƟon within the 15 calendar day period, the Applicant must
involve it in the review as set forth in the NPA, and may not begin construcƟon unƟl the process set forth in the NPA is
completed.
You are reminded that SecƟon IX of the NPA imposes independent obligaƟons on an Applicant when a previously
unidenƟfied site that may be a historic property, including an archeological property, is discovered during construcƟon or
aŌer the compleƟon of review. In such instances, the Applicant must cease construcƟon and promptly noƟfy, among
others, any potenƟally affected Tribal NaƟon or NHO. A Tribal NaƟon's or NHO's failure to express interest in parƟcipaƟng
in pre-construcƟon review of an undertaking does not necessarily mean it is not interested in archeological properƟes or
human remains that may inadvertently be discovered during construcƟon. Hence, an Applicant is sƟll required to noƟfy
any potenƟally affected Tribal NaƟon or NHO of any such finds pursuant to SecƟon IX or other applicable law.
Sincerely,
Jill Springer
Federal PreservaƟon Officer
Federal CommunicaƟons Commission
jill.springer@fcc.gov
_______________________________________
1) See AcceleraƟng Wireless Broadband Deployment by Removing Barriers to Infrastructure Deployment, Second Report
and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second Report and Order).
2) See id. at paras. 111-112.
571
2
LIST OF PROPOSED COMMUNICATIONS TOWERS
TCNS# 262733 Referred Date: 04/29/2023 LocaƟon: 25333-25425 Lake Wohlford Rd., Escondido, CA
Detailed DescripƟon of Project: The proposed project will increase the height of the exisƟng monopine tower to an
overall height of 66Ō tall. In addiƟon, an 18Ō x 26Ō expansion is proposed on the northwest side of the exisƟng
compound. 22302020.
Tribe Name: Eastern Shoshone Tribe
Tribe Name: Ewiiaapaayp Band of Kumeyaay Indians
Tribe Name: Jamul Indian Village
Tribe Name: La Posta Band of Mission Indians
Tribe Name: Northwestern Band of Shoshone NaƟon
Tribe Name: Rincon Band of Luiseno Indians
Tribe Name: Sycuan Band of the Kumeyaay NaƟon
Tribe Name: Viejas Band of Kumeyaay Indians
TCNS# 263107 Referred Date: 05/01/2023 LocaƟon: 178 Rivendell Court, Winchester, VA
Detailed DescripƟon of Project: The project proposes the development of a new telecommunicaƟons tower facility,
including a lease area to contain a 194Ō tall monopole tower, a 20Ō wide temporary construcƟon easement along the W
& S sides of the lease area & easements. 22202017
Tribe Name: Chickahominy Indian Tribe
Tribe Name: Cultural Heritage Partners
Tribe Name: Delaware NaƟon
Tribe Name: Nansemond Indian Tribe
Tribe Name: The Upper MaƩaponi Indian Tribe
LEGEND:
* - NoƟficaƟon numbers are assigned by the Commission staff for sites where iniƟal contact was not made through TCNS.
572
NEPA Assessment
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. APPENDIX VI. FCC FORM 620
573
SECTION 106 REVIEW
FCC FORM 620
PREPARED BY:
www.DynamicEnvironmental.com (877) 968-4787
EXPERIENCE COMMITMENT QUALITY INNOVATION
Stonewall Storage - VA032 Site
178 Rivendell Court
Winchester, Frederick County, VA
Site No.: VA032
DEA No. 22202017
March 30, 2023
PREPARED FOR:
820 Morris Turnpike, Suite 104
Short Hills, NJ 07078
574
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
TABLE OF CONTENTS
FCC Form 620 (New Tower Submission Packet)
Attachments
I. Personnel Resumes
II. Additional Site Information
III. Tribal Involvement
IV. Areas of Potential Effect
V. Identification of Historic Properties & Assessment of Direct Effects
VI. Identification of Historic Properties & Assessment of Visual Effects
VII. Local Government Involvement
VIII. Other Consulting Parties & Public Involvement
IX. Photographs
X. Figures
575
FCC Form FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039
Notification Date: See instructions for
File Number: public burden estimates
General Information
1) (Select only one) ( )
NE – New UA – Update of Application WD – Withdrawal of Application
2) If this application is for an Update or Withdrawal, enter the file number of the pending application
currently on file. File Number:
Applicant Information
3) FCC Registration Number (FRN):
4) Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Contact Information
10) P.O. Box: And
/Or 11) Street Address:
12) City: 13) State: 14) Zip Code:
15) Telephone Number: 16) Fax Number:
17) E-mail Address:
Consultant Information
18) FCC Registration Number (FRN):
19) Name:
Principal Investigator
20) First Name: 21) MI: 22) Last Name: 23) Suffix:
24) Title:
Principal Investigator Contact Information
25) P.O. Box: And
/Or 26) Street Address:
27) City: 28) State: 29) Zip Code:
30) Telephone Number: 31) Fax Number:
32) E-mail Address:
Diamond V LLC (22202017)
0027173103
Donna Mele-Parolari
820 Morris Turnpike Suite 104
Short Hills NJ 07078
(877)968-4787
0012585485
Dynamic Environmental Associates, Inc.
Sec106@dynamicenvironmental.com
Virginia Janssen M
Principal Archaeologist
3850 Lake Street Suite C
Macon GA 31204
(877)968-4787
Sec106@DynamicEnvironmental.com
1 of 19
NE
620
FCC Form 620
New Tower (NT) Submission Packet
May 2014
576
Professional Qualification
33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( ) Yes ( ) No
34) Areas of Professional Qualification:
( ) 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 ( ) No
If “YES,” complete the following:
X
X
X
36) First Name: 37) MI: 38) Last Name: 39) Suffix:
40) Title:
41) Areas of Professional Qualification:
( ) Archaeologist
( ) Architectural Historian
( ) Historian
( ) Architect
( ) Other (Specify) ____________________________________________________________________________________________
Adrian Berezowsky
X BArch and relevant experience
Vice President
36) First Name: 37) MI: 38) Last Name: 39) Suffix:
40) Title:
41) Areas of Professional Qualification:
( ) Archaeologist
( ) Architectural Historian
( ) Historian
( ) Architect
( ) Other (Specify) ____________________________________________________________________________________________
Jonathan E Hudson
X
2 of 19 FCC Form 620
May 2014
577
Site Information
Tower Construction Notification System
1) TCNS Notification Number:
Site Information
2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( ) No
3) Site Name:
4) Site Address:
5) Detailed Description of Project:
6) City: 7) State: 8) Zip Code:
9) County/Borough/Parish:
10) Nearest Crossroads:
11) NAD 83 Latitude (DD-MM-SS.S): ( ) N or ( ) S
12) NAD 83 Longitude (DD-MM-SS.S): ( ) E or ( ) W
Tower Information
13) Tower height above ground level (include top-mounted attachments such as lightning rods): ___________________ ( ) Feet ( ) Meters
14) Tower Type (Select One):
( ) Guyed lattice tower
( ) Self-supporting lattice
( ) Monopole
( ) Other (Describe):
Project Status
15) Current Project Status (Select One):
( ) Construction has not yet commenced
( ) Construction has commenced, but is not completed Construction commenced on: _______________
( ) Construction has been completed Construction commenced on: _______________
Construction completed on: _______________
263107
Stonewall Storage - VA032
178 Rivendell Court
Winchester VA
FREDERICK
22603
39-12-43.3
078-10-30.8
X
X
59.1 X
3 of 19
X
X
FCC Form 620
N Frederick Pike and VA Route 37
May 2014
N Frederick Pike and VA Route 37
The project proposes the development of a new telecommunications tower facility, including a lease area to contain a
194ft tall monopole tower, a 20ft wide temporary construction easement along the W & S sides of the lease area &
easements. 22202017
X
578
Determination of Effect
14) Direct Effects (Select One):
( ) 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):
( ) 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
X
X
FCC Form 620
May 2014
579
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Bad River Band of Lake Superior Tribe of Chippewa Indians
03/01/2023
X
Edith Leoso
THPO
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Catawba Indian Nation
03/02/2023
X
Dr. Wenonah Haire DMDG
THPO and Executive Director
5 of 19 FCC Form 620
May 2014
580
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Chickahominy Indian Tribe
03/01/2023
X
Stephen Adkins
Chief
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Cultural Heritage Partners
03/01/2023
X
Ellen Chapman
Program Manager
6 of 19 FCC Form 620
May 2014
581
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Delaware Nation
03/01/2023
X
Tiffany Martinez
TCNS Coordinator
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Eastern Shawnee Tribe of Oklahoma
03/02/2023
X
Kelly Nelson
Cell Tower Coordinator
7 of 19 FCC Form 620
May 2014
582
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Monacan Indian Nation
03/01/2023
X
Kenneth Branham W
Chief
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Nansemond Indian Tribe
03/01/2023
X
Keith Anderson
Chief
8 of 19 FCC Form 620
May 2014
583
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Pamunkey Indian Tribe
03/01/2023
X
Robert Gray
Chief
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Prairie Island Indian Community
03/01/2023
X
Noah White IIIC
THPO
9 of 19 FCC Form 620
May 2014
584
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
effects?
( ) Yes ( ) No
2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________
2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________
263107 12
X
0
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
The Upper Mattaponi Indian Tribe
03/01/2023
X
W. Frank Adams
Chief
Tribe/NHO Contacted Through TCNS
3) Tribe/NHO FRN:
4) Tribe/NHO Name:
Contact Name
5) First Name: 6) MI: 7) Last Name: 8) Suffix:
9) Title:
Dates & Response
10) Date Contacted ______________ 11) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Tuscarora Nation
03/01/2023
X
Bryan Printup
TCNS Rep
10 of 19 FCC Form 620
May 2014
585
Other Tribes/NHOs Contacted
Tribe/NHO 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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
11 of 19 FCC Form 620
May 2014
586
Historic Properties
Properties Identified
1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No
2) Has the identification process located archaeological materials that would be directly affected, or sites that are of
cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No
3) Are there more than 10 historic properties within the APEs for direct and visual effect?
If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No
Historic Property
4) Property Name:
5) SHPO Site Number:
Property Address
6) Street Address:
7) City: 8) State: 9) Zip Code:
10) County/Borough/Parish:
Status & Eligibility
11) Is this property listed on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
12) Is this property eligible for listing on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
13) Is this property a National 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
Apple Pie Ridge/West Fort Parcel
X
X
034-5023
Multiple
Winchester VA
FREDERICK
22603
Per V-CRIS database.
X
X
X
X
X
X
12 of 19 FCC Form 620
May 2014
587
Historic Properties
Properties Identified
1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No
2) Has the identification process located archaeological materials that would be directly affected, or sites that are of
cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No
3) Are there more than 10 historic properties within the APEs for direct and visual effect?
If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No
Historic Property
4) Property Name:
5) SHPO Site Number:
Property Address
6) Street Address:
7) City: 8) State: 9) Zip Code:
10) County/Borough/Parish:
Status & Eligibility
11) Is this property listed on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
12) Is this property eligible for listing on the National Register?
Source: _______________________________________________________________________________________
( ) Yes ( ) No
13) Is this property a National 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
Opequon Battlefield
X
X
034-0456
Multiple
Winchester VA
FREDERICK
22603
V-CRIS database.
X
X
X
X
X
X
13 of 19 FCC Form 620
May 2014
588
Local Government Involvement
Local Government Agency
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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
Additional Information
19) Information on local government’s role or interest (optional):
City of Winchester Planning
Tim Youmans
15 North Cameron Street, Suite 318, Rouss City Hall
Winchester VA 22601
(000)000-0000
timothy.youmans@winchesterva.gov
02/28/2023 02/28/2023
Mr. Youmans, the City of Winchester Planning Director, responded by email indicating the City of Winchester has no
comment on the project.
X
X
14 of 19 FCC Form 620
May 2014
589
Local Government Involvement
Local Government Agency
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: And
/Or 9) Street Address:
10) City: 11) State: 12) 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
Additional Information
19) Information on local government’s role or interest (optional):
Frederick County Historic Resources Advisory Board
Maral Kalbian
107 N. Kent Street
Winchester VA 22601
(000)000-0000
mkalbian@verizon.net
02/28/2023
X
X
15 of 19 FCC Form 620
May 2014
590
Other Consulting Parties
Other Consulting Parties Contacted
1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No
Consulting Party
2) FCC Registration Number (FRN):
3) Name:
Contact Name
4) First Name: 5) MI: 6) Last Name: 7) Suffix:
8) Title:
Contact Information
9) P.O. Box: And
/Or 10) Street Address:
11) City: 12) State: 13) Zip Code:
14) Telephone Number: 15) Fax Number:
16) E-mail Address:
17) Preferred means of communication:
( ) E-mail
( ) Letter
( ) Both
Dates & Response
18) Date Contacted _______________ 19) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Additional Information
20) Information on other consulting parties’ role or interest (optional):
X
Winchester-Frederick County Historical Society
To Whom It May Concern
1340 S. Pleasant Valley Road
Winchester VA 22601
(000)000-0000
Sec106@dynamicenvironmental.com
X
02/28/2023
X
16 of 19 FCC Form 620
May 2014
591
Other Consulting Parties
Other Consulting Parties Contacted
1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No
Consulting Party
2) FCC Registration Number (FRN):
3) Name:
Contact Name
4) First Name: 5) MI: 6) Last Name: 7) Suffix:
8) Title:
Contact Information
9) P.O. Box: And
/Or 10) Street Address:
11) City: 12) State: 13) Zip Code:
14) Telephone Number: 15) Fax Number:
16) E-mail Address:
17) Preferred means of communication:
( ) E-mail
( ) Letter
( ) Both
Dates & Response
18) Date Contacted _______________ 19) Date Replied _______________
( ) No Reply
( ) Replied/No Interest
( ) Replied/Have Interest
( ) Replied/Other
Additional Information
20) Information on other consulting parties’ role or interest (optional):
X
Virginia Museum of History and Culture
To Whom It May Concern
7311
Richmond VA 23221
(000)000-0000
Info@VirginiaHistory.org
X
02/28/2023
X
17 of 19 FCC Form 620
May 2014
592
FCC Form 620
September 2008 – Page 10
Designation of SHPO/THPO
1) Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower.
SHPO/THPO
Name: ___________________________________________________________________________________________________________
2) You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of the
National Historic Preservation Agency and any state and provincial Historic Preservation Agency.
SHPO/THPO Name: ________________________________________________________________________________________________
SHPO/THPO Name: ________________________________________________________________________________________________
SHPO/THPO Name: ________________________________________________________________________________________________
Designation of SHPO/THPO Attachments may be required – See instructions for details.
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: MI: Last Name: Suffix:
Signature: Date:
_____/_____/_____
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) AND/OR 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 503).
593
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT I. PERSONNEL RESUMES
594
VIRGINIA MARKHAM JANSSEN
Ms. Janssen is a Principal Archaeologist with the firm and has over nine years of experience
in both broadcasting and communications site development as it relates to cultural resource
management. Responsibilities include supervision and management of all investigation and
management work associated with the Section 106 Review process for the firm. As Principal
Investigator on a variety of projects, she he is responsible for direct communications with
clients, SHPO and THPO offices, as well as other federal, state, and local agencies.
Ms. Janssen has successfully managed projects in the majority of the lower 48 states and
Alaska. This wide-ranging project management experience has provided an opportunity for
consultation with numerous SHPO offices and Native American Tribes. This experience has
afforded Ms. Janssen a wealth of background in the various approaches to the Section 106
Review process and interpretations of the Nationwide Programmatic Agreement. Resource
assessment for these various communications projects has included both prehistoric and
historic period sites.
For more than ten years prior to a focus in the communications industry, Ms. Janssen served
as Principal Investigator and/or Field Director for various Phase 1 Cultural Resource Surveys
including both corridor projects and public and private tract developments ranging in size
from 4-1000 acres. Corridor projects have included new road construction and
improvements, fiber optic and pipeline rights-of-way, and public greenway development.
Public and private tract development experience primarily occurred in Alabama, Georgia,
North Carolina, Ohio, and South Carolina.
Field Director experience for testing phase projects have included 20 sites in Banks, Laurens,
Chattahoochee, and Muscogee Counties in Georgia; Macon County, North Carolina; and
Beaufort County, South Carolina. Examined sites included both prehistoric and historic
components.
Ms. Janssen has extensive experience working on military installations including the
Charleston Naval Weapons Station in South Carolina, Fort Benning in Georgia, Pope Air Force
Base in North Carolina, and Fort McClellan in Alabama. Ms. Janssen served as Principal
Investigator and Field Director for a five-year service contract for site testing with the National
Park Service at Fort Stewart and Hunter Army Airfield in Georgia.
During graduate school, Ms. Janssen was employed in research and teaching assistant
positions with the Department of Anthropology at Western Washington University and the
Museum of Anthropology at the University of Missouri-Columbia. In addition, Ms. Janssen
served as the lab director for survey and testing of the Iron Goat Trail, Mt. Baker-Snoqualmie
National Forest in Washington. For three years Ms. Janssen was the lab director for the
Department of Anthropology at the University of North Carolina-Wilmington.
BACKGROUND
M.A. in Anthropology, Western Washington University, 1993
B.A. in Anthropology, University of North Carolina at Wilmington, 1989
AFFILIATIONS AND CONTINUING EDUCATION
Register of Professional Archaeology, Membership since 2006
Environmental Due Diligence 101, January 2010
595
ADRIAN BEREZOWSKY
Mr. Berezowsky is Vice President with daily responsibilities including business development,
the management and technical oversight of environmental and regulatory projects as well as
administrative and financial duties for the company.
He has over 13 years of experience in the wireless infrastructure industry having helped to
found IVI Telecom Services, Inc., a nationwide environmental consulting firm which also
specialized in environmental and regulatory due diligence for wireless infrastructure and which
was acquired by CBRE in late 2014. He attended The Cooper Union for the Advancement of
Science & Art (Bachelor of Architecture) and Benjamin N. Cardozo School of Law and is Vice
President and events chair for the New York State Wireless Association and the previous co-
chair of the Wireless Infrastructure Associations Environmental Engineering and Consultants
Working Group.
His technical expertise includes but is not limited to the following areas: National
Environmental Quality Act – Categorical Exclusions Screenings & Environmental Assessments,
State / Local Environmental Quality Review Analyses, Phase I & II Environmental Site
Assessments, Asbestos and Lead-Based Paint Surveys, Soil sampling, Visual Impact
Assessments, Photographic Simulations, Wildlife Habitat Assessments / Biological
Assessments, Shadow Studies, Noise Studies, Wetland Consultation, Etc.
BACKGROUND:
- Benjamin N. Cardozo School of Law – Yeshiva University
- Irwin S. Chanin School of Architecture – The Cooper Union for the Advancement of
Science & Art
- Regis High School
- Section 106 Seminar – National Preservation Institute
- NY State Environmental Quality Review Act Seminar - Lorman Educational Services
- Introduction to Wetlands Identification - Cook College of Rutgers University
- Vegetation Identification for Wetland Delineation - Cook College of Rutgers University
- NJDEP Freshwater Wetlands Training - Cook College of Rutgers University
- US Green Building Council - LEED, AP Certified
- AHERA Asbestos Inspector
- New York State Wireless Association – Vice President & Events Chair
- Wireless Infrastructure Association Environmental Engineering and Consultants
Working Group – Co Chair
- New Jersey Wireless Association – Member
- Pennsylvania Wireless Association – Member, Former Board member and former
Regulatory Committee Chair
PANELS & PUBLICATIONS:
- Author, “Bed to Desk Connectivity”, Connected Magazine Volume 1 Issue 2 2017
- Panelist, “Marketing to the Enterprise”, Wireless Infrastructure Association Show, 2017
- Co-Author with Cris Kimbrough, “In-Building Connectivity – The New Normal”,
Connected Magazine Volume 1 Issue 1 2017
- Presenter, “Migratory Birds on Cell Towers”, NJ Wireless Association Educational Event,
October 1, 2015
596
- Presenter, “Outdoor Small Cell Deployments: What Backhaul Providers Need To Know.
FCC’s Report & Order: Acceleration of Broadband Deployment by Improving Wireless
Facilities Siting Policies”, October 29th, 2014
- Co-Author with Nicholas Dagan Bloom, “Looks Matter”, Newsday, February 12, 2012
- Author, “Use Environmental Screenings to Prevent Hurricane Damage”, Above Ground
Level Magazine, December, 2011
- Panelist, “NEPA and Section 106 Online Consultation” New York State Wireless
Association Trade Show, May 6, 2009
597
Jonathan E. Hudson, M.A.
Mr. Hudson is a Principal Archaeologist/Senior Archaeologist with the firm and has over 20 years of
focused experience in both broadcasting and communication tower site development. Mr. Hudson
has worked closely with the FCC, FERC, and US Army Corps of Engineers on compliance projects
as it relates to cultural resource management. As Principal Investigator on a variety of projects, he
is responsible for direct communications with clients, SHPO and THPO offices, as well as other
federal, state, and local agencies.
Mr. Hudson has supervised all aspects of cultural resources management investigations, including
pre-field investigations and work plan development; field work at Phase I, II and III levels;
prehistoric and historic artifact analysis; and report writing. He has worked with State Historic
Preservation Offices (SHPO) and Tribal Historic Preservation Offices (THPO) within multiple states
including Texas, Oklahoma, California, Virginia, West Virginia, Pennsylvania, Ohio, New York,
Vermont, New Hampshire, North Carolina, South Carolina, Missouri, Iowa, Connecticut, and
Indiana. He has extensive Tribal Consultation experience and maintains working relationships with
tribal representatives throughout the Eastern, Western, and Midwestern US. Mr. Hudson has
completed numerous cell tower development investigations, resulting in Environmental Impact
Reports (EIR) and Environmental Impact Statements (EISs), in addition to the Federal
Communication Commission (FCC) Form 620/621 submissions for various clients.
As part of the permitting process, Mr. Hudson has developed permit strategies that have included
both avoidance and mitigation measures, and he has provided best management practices as part
of the permit application process as associated with telecom, energy infrastructure, and other linear
development projects. Mr. Hudson has extensive experience working with the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service, the California Fish and Wildlife Service, and various
Regional Water Quality Control Boards.
The following is a brief representation of several projects Mr. Hudson has been involved with:
A client wanted to redevelop the Arsenal Terminal Warehouse property located in the City of
Pittsburgh. Mr. Hudson led the investigation which consisted of a project review form, archaeological
monitoring during environmental testing, and a Phase IB Investigation on a portion of the old
Allegheny Arsenal. The former arsenal had a high potential of unexploded Civil War ordinance. This
project included the potential for prehistoric and historic sites. The property consisted of 12.75
acres currently occupied by commercial and warehouse structures with associated asphalt surface
parking lots and unpaved areas. Under the paved area’s arsenal building structure foundations were
located. The proposed project is now a mixed-use complex in nature with a primary use of multi-
family apartments, with retail in select locations.
Mr. Hudson also spearheaded an investigation for a portfolio of broadband superhighway tower
sites across West Virginia which were placed on reclaimed abandoned strip-mined land.
BACKGROUND
• M.A. in Archaeology, University of Southampton, U.K., 1994
• B.A. in History, Otterbein University, Westerville, Ohio, 1988
ASSOCIATIONS
• Society for American Archaeology
Society for Pennsylvania Archaeology
598
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT II. ADDITIONAL SITE INFORMATION
599
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
ADDITIONAL SITE INFORMATION
Diamond Towers V LLC proposes to construct a telecommunications tower in
Frederick County, Virginia. The proposed site will consist of an 80’ x 30’ (24.4 m x
9.1 m) lease area surrounded on the north, south, and west sides by a 20’ (6.1 m)
wide temporary constriction easement. Within the lease area will be a185’ (56.4 m)
(overall height of 194’ [59.1 m]) tall monopole tower and associated communications
equipment. The proposed tower compound and tower will include space to
accommodate collocations. Access to the proposed lease area will be along variable
width easements that extend through paved drives within the Parent Tract property.
Finally, also proposed is a 10’ (3.0 m) wide x 194.8’ (59.4 m) long utility easement.
Site Plans are presented in Attachment X.
600
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT III. TRIBAL INVOLVEMENT
601
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
TRIBAL INVOLVEMENT
As required by the Nationwide Programmatic Agreement for Review of Effects on
Historic Properties, DEA, on behalf of the Applicant, has made a reasonable and good
faith effort to identify Native American Tribes that may attach religious and/or cultural
importance to resources that may be affected by this project.
These efforts included notification via the Tower Construction Notification System
(TCNS) located on the FCC website (www.fcc.gov). Confirmation of the TCNS
notification, including a listing of Native American Tribes that were notified by the
FCC as a result of the TCNS filing, is included in this Attachment.
Federally Recognized Native American Tribes who appear on the FCC list: “Notice of
organization(s) which were sent proposed tower construction notification
information” will be consulted with in compliance with the Nationwide Programmatic
Agreement for Review of effects on Historic Properties (FCC 04-222, 09/04). Copies
of all future correspondence are available upon request.
602
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Monday, February 27, 2023 1:18 PM
To:NATC
Subject:Proposed Tower Structure Info - Email ID #8464611
Dear Dynamic Environmenta Associates Inc,
Thank 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: 02/27/2023
Notification ID: 263107
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 12 min 43.3 sec N
Longitude: 78 deg 10 min 30.8 sec W
Location Description: 178 Rivendell Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Ground Elevation: 248.1 meters
Support Structure: 56.4 meters above ground level
Overall Structure: 59.1 meters above ground level
Overall Height AMSL: 307.2 meters above mean sea level
603
1
Julia Klima
From:towernotifyinfo@fcc.gov
Sent:Friday, March 3, 2023 3:17 AM
To:NATC
Cc:tcnsweekly@fcc.gov
Subject:NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER
CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8467153
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 VII.A 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-recognized 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. TCNS Coordinator Tiffany Martinez - Delaware Nation - 31064 State Highway 281 (PO Box: 825) Anadarko, OK
- tmartinez@delawarenation-nsn.gov - 405-247-2448 (ext: 1403) - electronic mail
Exclusions: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation
procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email
subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster
with this information.
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2
2. TCNS Rep Bryan Printup - Tuscarora Nation - 5226 Walmore 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.
3. THPO Noah C White III - Prairie Island Indian Community - 5636 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 law.
4. THPO Edith Leoso - Bad River Band of Lake Superior Tribe of Chippewa Indians - (PO Box: 39) Odanah, WI -
thpo@badriver-nsn.gov; deputyTHPO@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.
5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East 128 Road Wyandotte,
OK - celltower@estoo.net - 918-238-5151 (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: CellTower Program
70500 E. 128 Rd.
Wyandotte, OK 74370
605
3
Provide a 1-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.
6. THPO and Executive Director Dr. Wenonah G Haire DMD - Catawba Indian Nation - 1536 Tom Steven Road
Catawba Cultural Center Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803-417-9057 -
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
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 letter 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@ccppcrafts.com
7. Chief Robert Gray - Pamunkey Indian Tribe - 1054 Pocahontas Trail King William, VA -
robert.gray@pamunkey.org; pamunkeytribe@pamunkey.org - 804-843-2452 - electronic mail
If the applicant/tower builder receives no response from the Pamunkey Indian Tribe within 30 days after
notification through TCNS, the Pamunkey Indian Tribe has no interest in participating in pre-construction review for the
proposed site. The Applicant/tower builder,
606
4
however, must immediately notify the Pamunkey Indian Tribe in the event archaeological properties or human
remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and
applicable law.
8. 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
9. Chief Kenneth W Branham - Monacan Indian Nation - 111 Highview Dr Madison Heights, VA -
Consultation@MonacanNation.com; Consultation@MonacanNation.com - 434-363-4864 - electronic mail
10. Chief Stephen Adkins - Chickahominy Indian Tribe - 7240 Adkins Road Charles City, VA -
stephen.adkins@chickahominytribe.org - 804-829-5548 - electronic mail
11. Chief W. Frank Adams - The Upper Mattaponi Indian Tribe - (PO Box: 184) King William, VA -
wfrankadams@verizon.net - 804-690-1694 - electronic mail
12. Chief Keith Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane Suffolk, VA - chief@nansemond.org;
marion@culturalheritagepartners.com - 757-619-0670 - 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 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 VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA.
13. 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
14. Deputy SHPO David Brook - Historic Preservation Office - 4610 Mail Service Center Raleigh, NC -
david.brook@ncmail.net - 919-807-7283 - electronic mail
607
5
15. Manager - Office of Review & Compliance Ethel R Eaton PhD - Department of Historic Resources - 2801
Kensington Avenue Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail
16. 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
17. 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
18. 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 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: 02/27/2023
Notification ID: 263107
Excluded from SHPO Review: No
Tower Owner Individual or Entity Name: Diamond Towers V LLC
Consultant Name: Dynamic Environmenta Associates Inc
Street Address: 3850 Lake Street
Suite C
City: Macon
State: GEORGIA
Zip Code: 31204
Phone: 478-745-7740
608
6
Email: NATC@DynamicEnvironmental.com
Structure Type: MTOWER - Monopole
Latitude: 39 deg 12 min 43.3 sec N
Longitude: 78 deg 10 min 30.8 sec W
Location Description: 178 Rivendell Court
City: Winchester
State: VIRGINIA
County: FREDERICK
Detailed Description of Project: The project proposes the development of a new telecommunications tower facility,
including a lease area to contain a 194ft tall monopole tower, a 20ft wide temporary construction easement along the W
& S sides of the lease area & easements. 22202017
Ground Elevation: 248.1 meters
Support Structure: 56.4 meters above ground level
Overall Structure: 59.1 meters above ground level
Overall Height AMSL: 307.2 meters above mean sea level
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
609
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT
IV. AREAS OF POTENTIAL EFFECT
610
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
AREAS OF POTENTIAL EFFECT
APE for Direct Effects
The APE for direct effects is the construction site for the proposed telecommunications
facility, where such construction would result in ground disturbance and dislocation
of soil. This area of potential direct effects, determined by an examination of plan
maps provided by Applicant, consists of the 80' x 30' (24.4 m x 9.1 m) lease area,
the 20’ (6.1 m) wide temporary construction easement surrounding the lease area
on the north, south, and west sides; the variable width proposed access easement
that extends through paved drives within the Parent Tract property, and the proposed
10’ (3.0 m) wide x 194.8’ (59.4 m) long utility easement.
APE for Visual Effects
The APE for visual effects is the geographic area in which the proposed undertaking
has the potential to introduce visual elements that would diminish or alter the setting
of any historic property where integrity of setting is a character-defining feature of
such property that, in part, makes it eligible for the National Register of Historic
Places (National Register). Specifically, this geographic area is the extent to which
the proposed telecommunications tower would be visible, and if so, would have the
potential to introduce visual elements that would alter or diminish the integrity of any
historic property’s relationship to surrounding features and open space, therefore
compromising the ability of such property to convey its historic significance.
In accordance with the Nationwide Programmatic Agreement of March 2005, a one-
half mile (0.8 km) APE for visual effects is applicable to this to this 194’ (59.1 m) tall
telecommunications tower (Figures 2 through 4).
611
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT
V. IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF DIRECT EFFECTS
612
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF DIRECT EFFECTS
A SHPO file review completed via the V-CRIS database was performed on February
27 and March 1, 2023. The currently proposed APE for direct effects is located within
the previously documented Clark House (DHR ID: 34-0528) boundaries. Originally
documented in 1989, a residential structure, and associated outbuildings, are
indicated to have been destroyed by fire in 2005. The APE for direct effects is also
located within the north central portion of the NRHP-eligible Apple Pie Ridge/West
Fort Parcel, historically known as the Second Winchester Battlefield, which
encompasses an 18,133 acres area.
The Apple Pie Ridge/West Fort Parcel is considered significant under Criteria A as an
example of a military battlefield that is associated with broad patterns of history.
Specifically, a 45-minute battle between Confederate and Union forces on the evening
of June 14, 1863, occurred in this area. The Union forces retreated from this battle,
ultimately leading to the Battle of Gettysburg. Records held by V-CRIS concerning
the Apple Pie Ridge/West Fort Parcel indicate that by 2019 portions of the battlefield
had been significantly impacted by modern development.
A review of historic aerials of the project vicinity indicates the APE for direct effects
was undeveloped in 1963, but by 1971 Virginia Route 37, located immediately north
of the APE for direct effects has been constructed. While residential development
increases immediately east of the project by 1982, it is not until 2006 that
development of the Parent Tract property to contain the proposed tower is
significantly modified for future development. Currently, the APE for direct effects is
located abutting a recently constructed storage building, part of a commercial storage
facility development that began in 2017. Access to the site is along paved drives
within the Parent Tract property. The proposed temporary construction easement,
surrounding the proposed lease area, and the proposed utility easement have both
been previously subjected to significant landscape modifications as well (see Site
Plans in Appendix X and Photographs 1-12)
The Area of Potential Effect (APE) for direct effects was subjected to a visual
inspection performed by Jonathan Hudson on March 9, 2023. No artifacts or
archaeological features were observed during pedestrian surface inspection of the
APE for direct effects. Evidence of major landscape modifications was observed and
considering this previous disturbance to the project area, it is the opinion of the
principal investigator that no intact, significant archaeological site is present within
the APE for direct effects.
It is further recommended that the proposed undertaking will have no effect on the
Apple Pie Ridge/West Fort Parcel because the APE for direct effects, as well as most
of the surrounding area, has been modified by modern development. The modern
development within the APE for direct effects, as well as within the surrounding area,
has compromised the integrity of the former rural setting of the Apple Pie Ridge/West
Fort Parcel. The modern development of the area, as well as the proposed
undertaking, however cannot impact the historical association of the area as a historic
613
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
Civil War battlefield. Therefore, it is recommended the proposed project will have no
effect on the Apple Pie Ridge/West Fort Parcel.
Nevertheless, since it is not possible to physically examine all of the subsurface area
to be impacted by tower construction, it should be noted that Virginia requires that
ground-disturbance cease if an archaeological site is encountered, and that the State
Historic Preservation Officer and the project archaeologist are notified. Also, if human
burials or human remains are encountered during ground-disturbance, it is
imperative that local law enforcement, as well as the district medical examiner and
the State Archaeologist are notified prior to resuming tower construction.
614
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VI. IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF VISUAL EFFECTS
615
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
IDENTIFICATION OF HISTORIC PROPERTIES &
ASSESSMENT OF VISUAL EFFECTS
A SHPO file review completed via the V-CRIS database was performed on February
27 and March 1, 2023. This review indicates the entire one-half mile APE for visual
effects is located within the north central portion of the NRHP-eligible Apple Pie
Ridge/West Fort Parcel, historically known as the Second Winchester Battlefield,
which encompasses an 18,133 acres area. In addition, the westernmost edge of the
NRHHP-eligible Third Battle of Winchester Site extends into the eastern portion of the
APE for visual effects radius. The locations of these two NRHP-eligible properties,
relative to the proposed undertaking, are presented in Figure 4.
The Apple Pie Ridge/West Fort Parcel is considered significant under Criteria A as an
example of a military battlefield that is associated with broad patterns of history.
Specifically, a 45-minute battle between Confederate and Union forces on the evening
of June 14, 1863, occurred in this area. The Union forces retreated from this battle,
ultimately leading to the Battle of Gettysburg. Records held by V-CRIS concerning
the Apple Pie Ridge/West Fort Parcel indicate that by 2019 portions of the battlefield
had been significantly impacted by modern development.
The Third Battle of Winchester Site, historically the Opequon Battlefield, is considered
significant as representing a defensive military battle site that is associated with
broad patterns of history. A decisive battle on September 19, 1864, was the largest
battle in Winchester and is seen as a turning point when decline of Confederate
control became evident. Records held by V-CRIS concerning the Opequon Battlefield
indicate that by 2021 much of the landscape making up the battlefield site has been
modified by modern development.
The purpose of this assessment is to determine the potential for impacts by the
proposed tower construction on the historic properties located within the APE for
visual effects.
This assessment recognizes that the proposed undertaking is located within the
boundaries of the Apple Pie Ridge/West Fort Parcel and is therefore visible within this
historic property. Photograph 13, recorded immediately south of the only
undeveloped portion of the APE for visual effects radius, illustrates Virginia Route 37
in the foreground and the proposed tower location in the background. Buildings
associated with the Parent Tract property commercial storage facility development
are visible, as will be the future telecommunications tower. Likewise, the proposed
tower will be visible when viewed from the west, as illustrated in Photograph 15.
However, the tower will be less visible from the south, primarily owing to existing
residential development and mature tree canopy. As for the sliver of the Third Battle
of Winchester Site extending into the eastern edge of the Visual APE radius, visibility
of the proposed tower will be minimal, if at all, due to the distance between this
resource and the proposed tower, as well as the intervening tree canopy.
It is recommended that the proposed undertaking will have no effect on the Apple
Pie Ridge/West Fort Parcel and the Third Battle of Winchester Site. While the
proposed tower will be visible from within the Apple Pie Ridge/West Fort Parcel, there
616
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
is already considerable modern development established within the Apple Pie
Ridge/West Fort Parcel and the surrounding project’s one-half mile APE for visual
effects. It is recommended that visibility of the proposed tower will have no effect
on the Apple Pie Ridge/West Fort Parcel because within the project area this former
battlefield no longer conveys the previously described rural setting. The construction
of a telecommunication tower cannot impact the existing historical association of the
area any more than the existing development in the area. Additionally, it is
recommended that there will be no effect by the proposed project on the Third Battle
of Winchester Site because the proposed tower will not be visible from this resource.
617
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VII. LOCAL GOVERNMENT INVOLVEMENT
618
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
LOCAL GOVERNMENT INVOLVEMENT
In order to provide the local jurisdictional governments with an opportunity to
participate in the Section 106 Process, letters were mailed to the following parties
inviting their participation and comments on the proposed project’s impact on historic
resources:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Mr. Youmans, the City of Winchester Planning Director, responded by email on
February 28, 2023, indicating the City of Winchester has no comment on the project.
Any future material comments will be forwarded to the State Historic Preservation
Office upon receipt.
Copies of all correspondence are included in this Attachment.
619
1
Julia Klima
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Tuesday, February 28, 2023 10:23 AM
To:SEC106
Subject:RE: DEA# 22302017 - Stonewall Storage Site - City of Winchester Planning - Invitation to
Comment
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No comments from the City of Winchester.
Thanks,
Tim
Timothy A. Youmans
Planning Director
City of Winchester
15 N. Cameron Street
Winchester, VA 22601
Phone: (540) 667-1815 ext. 1415
Email: timothy.youmans@winchesterva.gov
www.winchesterva.gov/planning
620
2
From: SEC106 <sec106@dynamicenvironmental.com>
Sent: Tuesday, February 28, 2023 10:08 AM
To: Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Subject: DEA# 22302017 - Stonewall Storage Site - City of Winchester Planning - Invitation to Comment
Good morning,
I am writing to invite you to comment on a telecommunications project planned to take place in Winchester, Frederick
County, VA.
We welcome any input you have on the historic or cultural value of the location of the proposed project.
Please see the attached letter and project information for addit ional details. You may reply by email to this address or by
mail to the return address provided below,
Thank you,
Julia Klima
Dynamic Environmental Associates, Inc.
3850 Lake Street, Suite C
Macon, GA 31204
Phone: (478) 745-7740
Fax: (478) 745-7415
Toll Free: (877) 968-4787
Email: jklima@dynamicenvironmental.com
Website: http://DynamicEnvironmental.com
621
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: timothy.youmans@winchesterva.gov
February 28, 2023
Mr. Tim Youmans
City of Winchester Planning
Rouss City Hall
15 North Cameron Street, Suite 318
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Mr. Youmans:
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
622
Mr. Youmans
City of Winchester Planning -2-February 28, 2023
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a lease area to
contain a 194' tall monopole tower,a 20' wide temporary
construction easement along the west and south sides of
the proposed lease area, and proposed access and utility
easements.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
623
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: mkalbian@verizon.net; portal
February 28, 2023
Ms. Maral Kalbian
Frederick County Historic Resources Advisory Board
107 N. Kent St.
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Ms. Kalbian:
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Please note that this “Invitation to Comment” pertains solely to our assessment of
impacts to historic resources and is separate from any local planning and/or zoning
applications or approvals that may be required for this project. These activities will
be addressed at the appropriate time by others working on the proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
624
Ms. Kalbian
Frederick County Historic Resources Advisory Board
-2- February 28, 2023
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a tower.
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
625
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT VIII. OTHER CONSULTING PARTIES &
PUBLIC INVOLVEMENT
626
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
OTHER CONSULTING PARTIES AND PUBLIC INVOLVEMENT
DEA, on behalf of the Applicant, has made a reasonable and good faith effort to
identify other parties that may potentially have an interest in participating in the
Section 106 Process for the proposed project. Letters were mailed to the following
parties inviting their participation and comments on the proposed project’s impact on
historic resources:
Winchester-Frederick County Historical Society
Virginia Museum of History and Culture
As of the date of this submission, no comments have been received from the
contacted parties. However, any future material comments will be forwarded to the
State Historic Preservation Office upon receipt. Copies of all correspondence are
included in this Attachment.
In order to provide the General Public with an opportunity to participate in the Section
106 Process and/or to comment on the proposed project, a Public Notice has been
published in a local “newspaper of record” which solicits comments on the proposed
project’s impact on historic resources. The following Public Notice was published in
The Winchester Star on March 30, 2023:
SECTION 106 PUBLIC NOTICE
Diamond Communications proposes to construct a 194-foot-tall Monopole tower located
at 178 Rivendell Court, Winchester, Frederick County, VA 22603. Parcel ID: 42-A-198N
at Latitude N39° 12' 43.28", Longitude W78° 10' 30.78". Diamond Communications
seeks comments from all interested persons on the impact of the tower on any districts,
sites, buildings, structures, or objects significant in American history, architecture,
archaeology, engineering, or culture, that are listed or eligible for listing in the National
Register of Historic Places. Specific information about the project, including the historic
preservation reviews that Diamond Communications is conducting pursuant to the rules
of the Federal Communications Commission (47 C.F.R. Sections 1.1307(4)) and the
Advisory Council on Historic Preservation (36 C.F.R. Part 800) will be made available to
interested persons who request the information from the contact below. All questions,
comments, and correspondence should be directed to Julia Klima at Dynamic
Environmental Associates, Inc., 3850 Lake Street, Suite C, Macon, GA 31204, 877-968-
4787, Sec106@DynamicEnvironmental.com within 30 days from the date of this
publication. Re: 22202017
As of the date of this submission, no comments have been received from the general
public. However, any future material comments will be forwarded to the State
Historic Preservation Office upon receipt.
627
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email & U.S. Mail
Email: portal
February 28, 2023
To Whom it May Concern
Winchester-Frederick County Historical Society
Hollingsworth Mill
1340 S. Pleasant Valley Road
Winchester, VA 22601
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area
will be located abutting a 80.5' x 129.7' building. The
4.40-acre Parent Tract is identified by Parcel # 42-A-
198N. Existing access extends north from North Frederick
Pike, thru a developed parcel immediately to the south,
and ends at the Parent Tract.
Proposed Project
Description:
The proposed project will include the development of a
new telecommunications tower facility, including a fenced
equipment compound and a tower.
628
Winchester-Frederick County Historical Society
-2- February 28, 2023
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Virginia Museum of History and Culture
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
629
630
631
A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM
3850 Lake Street, Macon, GA 31204 (478) 745-7740 • Toll Free (877) 968-4787
By: Email
Email: Info@VirginiaHistory.org
February 28, 2023
To Whom it May Concern
Virginia Museum of History and Culture
PO Box 7311
Richmond, VA 23221
Re: Section 106 Review
Invitation to Comment
Diamond Communications
Stonewall Storage - VA032 Site (No. VA032)
DEA No. 22202017
Diamond Communications is proposing to construct a new telecommunications tower
in Frederick County, VA.
As required by Section 106 of the National Historic Preservation Act (NHPA), Dynamic
Environmental Associates, Inc. (DEA) is conducting an assessment of potential
impacts the proposed project may have on historic resources that are listed or eligible
for listing in the National Register of Historic Places. As part of the Section 106
Review process, we have identified you as a potentially interested party that may
wish to provide input and comment on the project and we are, therefore, inquiring
whether you have any knowledge of historic resources that may be affected by the
project and/or whether you wish to comment on this proposed project.
Details on the proposed project are presented below:
Site Name: Stonewall Storage - VA032
Address or Location: 178 Rivendell Court
City, County, State: Winchester, Frederick County, VA
Latitude / Longitude: N39° 12' 43.28" / W78° 10' 30.78"
Site Description: The proposed Site includes a 80' x 30' tower lease area will
be located abutting a 80.5' x 129.7' building. The 4.40-acre
Parent Tract is identified by Parcel # 42-A-198N. Existing
access extends north from North Frederick Pike, thru a
developed parcel immediately to the south, and ends at the
Parent Tract.
Proposed Project
Description:
The proposed project will include the development of a new
telecommunications tower facility, including a fenced
equipment compound and a tower.
632
Virginia Museum of History and Culture -2- February 28, 2023
In addition to contacting you, please be advised that we have also requested
comments from the following parties:
City of Winchester Planning
Frederick County Historic Resources Advisory Board
Winchester-Frederick County Historical Society
General Public via published Public Notice
The findings of our Section 106 Review will be submitted to the State Historic
Preservation Office (SHPO) in the near future for their review. Therefore, we
respectfully request receiving your comments regarding historic resources within 30
days of receipt of this letter. If you have any questions regarding the proposed
project or wish to discuss this project in more detail, please do not hesitate to contact
us.
We look forward to your response via e-mail to Sec106@DynamicEnvironmental.com,
and/or via U.S. Mail.
Your assistance is greatly appreciated.
Very truly yours,
Dynamic Environmental
Associates, Inc.
Julia Klima
Consultation Coordinator
22202017
633
SECTION 106 PUBLIC NOTICE
Diamond Communications proposes to construct a 194-foot-tallMonopole tower located at 178 Rivendell Court, Winchester,Frederick County, VA 22603. Parcel ID: 42-A-198N at LatitudeN39° 12' 43.28", Longitude W78° 10' 30.78". DiamondCommunications seeks comments from all interested personson the impact of the tower on any districts, sites, buildings,structures, or objects significant in American history,architecture, archaeology, engineering, or culture, that are listedor eligible for listing in the National Register of Historic Places.Specific information about the project, including the historicpreservation reviews that Diamond Communications isconducting pursuant to the rules of the FederalCommunications Commission (47 C.F.R. Sections 1.1307(4))and the Advisory Council on Historic Preservation (36 C.F.R.Part 800) will be made available to interested persons whorequest the information from the contact below. All questions,comments, and correspondence should be directed to JuliaKlima at Dynamic Environmental Associates, Inc., 3850 LakeStreet, Suite C, Macon, GA 31204, 877-968-4787,Sec106@DynamicEnvironmental.com within 30 days from thedate of this publication. Re: 22202017
634
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT IX. PHOTOGRAPHS
635
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
PHOTOGRAPHS
The following photographs of the project are presented herein:
1 View of the north side of the proposed lease area, facing south.
2 View of the south side of the proposed lease area, facing north.
3 View of the east side of the proposed lease area, facing west.
4 View of the west side of the proposed lease area, facing east.
5 View from the proposed lease area, facing north.
6 View from the proposed lease area, facing south.
7 View from the proposed lease area, facing east.
8 View from the proposed lease area, facing west.
9 Representative view of the proposed access route to proposed site, facing
west.
10 Another view of the proposed access route to the proposed site, facing
southeast.
11 View of the proposed utility and temporary construction easements in the
background, facing west.
12 View of the proposed utility and temporary construction easements, facing
north.
13 View from Glentawber Rd, within the Apple Pie Ridge/West Fort Parcel
battlefield, to the proposed tower location, facing southwest.
14 View from Margaret Lane, within the Apple Pie Ridge/West Fort Parcel
battlefield, to the proposed tower location, facing north northeast.
15 View from Apple Pie Ridge Road, within the Apple Pie Ridge/West Fort
Parcel battlefield, to the proposed tower location, facing east.
16 View from Purcell Lane, within the western edge of the Third Battle of
Winchester Site, to the proposed tower location, facing northwest.
Site photographs were recorded on March 9, 2023 using a lens focal length of 40
mm.
636
22202017 DEA, Inc.
Photo 2 - View of the south side of the proposed lease area, facing north.
Photo 1 - View of the north side of the proposed lease area, facing south.
637
22202017 DEA, Inc.
Photo 4 - View of the west side of the proposed lease area, facing east.
Photo 3 - View of the east side of the proposed lease area, facing west.
638
22202017 DEA, Inc.
Photo 6 - View from the proposed lease area, facing south.
Photo 5 - View from the proposed lease area, facing north.
639
22202017 DEA, Inc.
Photo 8 - View from the proposed lease area, facing west.
Photo 7 - View from the proposed lease area, facing east.
640
22202017 DEA, Inc.
Photo 10 - Another view of the proposed access route to the proposed site, facing
southeast.
Photo 9 - Representative view of the proposed access route to proposed site, facing
west.
641
22202017 DEA, Inc.
Photo 12 - View of the proposed utility and temporary construction easements, fac-
ing north.
Photo 11 - View of the proposed utility and temporary construction easements in
the background, facing west.
642
22202017 DEA, Inc.
Photo 14 - View from Margaret Lane, within the Apple Pie Ridge/West Fort Parcel
battlefield, to the proposed tower location, facing north northeast.
Photo 13 - View from Glentawber Rd, within the Apple Pie Ridge/West Fort Parcel
battlefield, to the proposed tower location, facing southwest.
643
22202017 DEA, Inc.
Photo 16 - View from Purcell Lane, within the western edge of the Third Battle of
Winchester Site, to the proposed tower location, facing northwest.
Photo 15 - View from Apple Pie Ridge Road, within the Apple Pie Ridge/West Fort
Parcel battlefield, to the proposed tower location, facing east.
644
Section 106 Review, FCC Form 620
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. ATTACHMENT X. FIGURES
645
Section 106 Review, FCC Form 620
Frederick County, VA
Stonewall Storage - VA032 Site
DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202017
FIGURES
The following maps & figure of the project site are presented herein:
Figure
No.
Figure Title
1 Site Location Map
2 USGS Topographic Map, 7.5 Series w/ ½ Mile Visual APE
3 2017 Aerial Photograph w/ ½ Mile Visual APE
4 V-CRIS Map w/ ½ Mile Visual APE
Site Plans
646
Section 106 Review
Stonewall Storage - VA032 Site
Frederick County, VA
Date: 03/30/2022 DEA No.: 22202017 Figure No.: 1
www.DynamicEnvironmental.com • (877) 968-4787
For:
Site Location Map
N
S
E W
SITE
647
Section 106 Review
Stonewall Storage - VA032 Site
Frederick County, VA
Date: 03/30/2022 DEA No.: 22202017 Figure No.: 2
www.DynamicEnvironmental.com • (877) 968-4787
For:
7.5 Minute Series, Winchester, VA Quadrangle (1997),
Scale 1:24,000
USGS Topographic Map w/ ½ Mile Visual APE
SITE
N
S
E W
648
Section 106 Review
Stonewall Storage - VA032 Site
Frederick County, VA
Date: 03/30/2022 DEA No.: 22202017 Figure No.: 3
www.DynamicEnvironmental.com • (877) 968-4787
For:
N
S
E W
2017 Aerial Photograph w/ ½ Mile Visual APE
SITE
649
Section 106 Review
Stonewall Storage - VA032 Site
Frederick County, VA
Date: 03/30/2022 DEA No.: 22202017 Figure No.: 4
www.DynamicEnvironmental.com • (877) 968-4787
For:
V-CRIS Map w/ ½ Mile Visual APE
N
S
E W
SITE
Apple Pie Ridge/
West Fort Parcel
Third
Battle
Of
Winchester
Site
Apple Pie Ridge/
West Fort Parcel
LEGEND
Photograph Locations
13
14
15
16
650
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
651
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
652
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
653
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
654
G E L I N E
SURVEYING, INC.
13430 NW 104th Terrace, Suite A Alachua, FL 32615
Office:(386) 418-0500 Fax:(386) 462-9986
WWW.GEOLINEINC.COM
”
”
”
”
”
”
”
”
”
”
”
”
655
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Information/Discussion
Title: 2024-2029 Capital Improvement Plan (CIP) - (Mr. Pearson)
Attachments:
PC02-21-24_2024-2029CapitalImprovementPlan_Draft.pdf
656
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wyatt Pearson, AICP, Director of Planning & Development
DATE: February 14th, 2024
RE: 2024-2029 Capital Improvements Plan (CIP)
The Capital Improvements Plan (CIP) is a document that consists of a schedule of major
capital expenditures for the County for the ensuing five-year period. The CIP is intended
to assist the Board of Supervisors in preparation of the County budget. In addition to
determining priorities for capital expenditures, the County must also ensure that projects
contained within the CIP conform to the Comprehensive Plan. Specifically, the projects
are reviewed with considerations regarding health, safety, and the general welfare of the
public, and the policies of the Comprehensive Plan. When the CIP is adopted, it becomes
a component of the Comprehensive Plan with the intent of satisfying Virginia Code § 15.2-
2232.
The inclusion of projects on the CIP is in no way an indication that Frederick County will
be undertaking these projects. The CIP is strictly advisory; it is intended for use as capital
facilities planning document, not for requesting funding allocations. Once adopted, project
priorities and cost estimates may change throughout the year based on changing
circumstances. It is also possible that projects may not be funded during the year indicated
in the CIP. The CIP is also updated annually, and projects are removed from the plans as
they are completed or as priorities change.
This year the plan was prepared in a notably different way at the direction of the County
Administrator in order to address the Board’s stated concerns last. Departments were
advised that only projects that could be feasibly funded and started in the ensuing five-year
period were to be included in the plan. The removal of projects outside of this timeframe
resulted in a greatly reduced quantity of projects and total potential cost to the County.
CIP Components
The CIP provides project priorities that are submitted by various County Agencies and
tables that outline the projects and cost estimates. Within the tables, columns for each year
show the funding needs that would be requested in the corresponding budget cycle. The
CIP includes three separate tables; the first table shows County funded projects and the
second and third tables cover Transportation projects and Airport projects respectively,
which are primarily funded through other sources.
657
2024-2029 CIP – Discussion
February 14th, 2024
Page 2
The CIP includes projects from the following: Schools, Parks and Recreation, Regional
Library, County Administration, Fire and Rescue, Sheriff’s Office, Public Safety
Communications, Transportation, and the Winchester Regional Airport.
Background – Discussions
The Comprehensive Plans and Programs Committee (CPPC) discussed the 2024-2029 draft
CIP at their meeting on February 12, 2023. The role of this committee in the CIP process
is to ensure that the various departmental project requests are in conformance with the
Comprehensive Plan. The CPPC agreed the CIP was in conformance with the
Comprehensive Plan and offered comment regarding the cost and necessity of spray
grounds proposed by the parks department, as well as whether the Sunnyside project should
be advanced for consideration sooner in the plan.
Conclusion
Staff is seeking a recommendation from the Planning Commission on the draft 2024-2029
CIP to forward to the Board of Supervisors.
If adopted, the CIP will become a component of the Comprehensive Plan, which would
satisfy the review requirement of Section 15.2-2232 of the Code of Virginia, which states
that no public facility shall be constructed unless said facility is a “feature shown” within
a jurisdiction’s comprehensive plan.
Please contact the Planning Department should you have any questions regarding this
information.
WGP
Attachments - Draft 2024-2029 CIP with applicable text, tables, and maps
658
2024-2029
Capital
Improvement
Plan
Frederick County, VA
Adopted by the Frederick County
Board of Supervisors XXXX, 2024
659
Contents
CAPITAL IMPROVEMENT PLAN FREDERICK COUNTY FY 2024-2029 ............................................................................................................................ 3
INTRODUCTION ............................................................................................................................................................................................................. 3
PROJECT RECOMMENDATIONS ................................................................................................................................................................................... 4
FREDERICK COUNTY PUBLIC SCHOOLS ...................................................................................................................................................................4
PARKS & RECREATION ......................................................................................................................................................................................4
HANDLEY REGIONAL LIBRARY .............................................................................................................................................................................4
COUNTY ADMINISTRATION ................................................................................................................................................................................4
FIRE & RESCUE...............................................................................................................................................................................................5
SHERIFF’S OFFICE ...........................................................................................................................................................................................5
PUBLIC SAFETY COMMUNICATIONS .......................................................................................................................................................................5
TRANSPORTATION COMMITTEE ...........................................................................................................................................................................5
WINCHESTER REGIONAL AIRPORT ........................................................................................................................................................................6
THE CIP TABLES – CONTENT DESCRIPTIONS ...................................................................................................................................................... 11
PROJECT FUNDING ...................................................................................................................................................................................................... 11
FREDERICK COUNTY PUBLIC SCHOOLS PROJECT PRIORITY LIST ................................................................................................................................. 5
PRIORITY 1 - FOURTH HIGH SCHOOL ..................................................................................................................................................................5
PRIORITY 2 - MIDDLETOWN ELEMENTARY SCHOOL EXPANSION ..................................................................................................................................5
PRIORITY 3 - JORDAN SPRINGS ELEMENTARY SCHOOL EXPANSION ..............................................................................................................................6
PARKS & RECREATION DEPARTMENT PROJECT PRIORITY LIST............................................................................................................................ 8
PRIORITY 1 - RECREATION CENTER ....................................................................................................................................................................8
PRIORITY 2 - SPRAY GROUNDS .........................................................................................................................................................................8
PRIORITY 3 - SHERANDO PARK NORTH - SOFTBALL COMPLEX .....................................................................................................................................9
PRIORITY 4– SHERANDO PARK AREA 3 DEVELOPMENT .............................................................................................................................................9
PRIORITY 5 - ABRAMS CREEK TRAIL ...................................................................................................................................................................9
HANDLEY REGIONAL LIBRARY PROJECT PRIORITY LIST.................................................................................................................................... 12
PRIORITY 1 - FREDERICK COUNTY LIBRARY BRANCH - GAINESBORO ........................................................................................................................... 12
COUNTY ADMINISTRATION AND PUBLIC WORKS PROJECT PRIORITY LIST ............................................................................................................... 14
PRIORITY 1 - COUNTY OFFICE ANNEX (FORMER SUNNYSIDE PLAZA SHOPPING CENTER) .................................................................................................. 14
1
660
PRIORITY 2 -GENERAL GOVERNMENT CAPITAL EXPENDITURES ................................................................................................................................. 14
FIRE & RESCUE PROJECT PRIORITY LIST ............................................................................................................................................................. 16
PRIORITY 1 - FREDERICK COUNTY FIRE & RESCUE STATION 22 ................................................................................................................................ 16
PRIORITY 1A - AMBULANCE 22, ENGINE 22, & TANKER 22 ..................................................................................................................................... 16
PRIORITY 2 - STATION RENOVATIONS ............................................................................................................................................................. 17
PRIORITY 3 – STATION 23 ............................................................................................................................................................................ 17
PRIORITY 3A - STATION 23 APPARATUS ............................................................................................................................................................ 18
PRIORITY 4 - WILDLAND URBAN INTERFACE VEHICLE 1 & 2 ..................................................................................................................................... 18
SHERIFF’S OFFICE & PUBLIC SAFETY COMMUNICATIONS PROJECT PRIORITY LIST ....................................................................................... 20
PRIORITY 1 – REPLACE UNDERWATER SEARCH AND RECOVERY VEHICLE ...................................................................................................................... 20
PRIORITY 2 – 8 BAY STEEL BUILDING FOR LARGE VEHICLES .................................................................................................................................... 21
PRIORITY 1 – PROJECT 25 PUBLIC SAFETY RADIO NETWORK ................................................................................................................................... 22
TRANSPORTATION COMMITTEE PROJECT PRIORITY LIST............................................................................................................................................ 25
PRIORITY 1 - EXIT 313 BRIDGE REPLACEMENT AND CAPACITY IMPROVEMENTS ............................................................................................................. 25
PRIORITY 2 - RENAISSANCE DRIVE, PHASE 2 ...................................................................................................................................................... 25
PRIORITY 3 - ROUTE 277 RIGHT TURN LANE EXTENSION AT WARRIOR DRIVE ................................................................................................................ 25
PRIORITY 4 - ROUTE 7 STARS STUDY PROJECT .................................................................................................................................................. 26
PRIORITY 5 - EXIT 317 INTERCHANGE RAMP REALIGNMENT PROJECT ......................................................................................................................... 26
PRIORITY 6 - ROUTE 11 AT OLD CHARLESTOWN ROAD ROUNDABOUT INSTALLATION ...................................................................................................... 26
PRIORITY 7 - REDBUD ROAD REALIGNMENT ........................................................................................................................................................ 26
PRIORITY 8 - GAINESBORO ROAD AT ROUTE 522 INTERSECTION UPGRADE .................................................................................................................. 27
PRIORITY 9 - EXIT 317 INTERCHANGE IMPROVEMENTS, DIVERGING DIAMOND INSTALLATION ........................................................................................... 27
PRIORITY 10 - INTERSECTION UPGRADE, ROUTE 522 AT COSTELLO DRIVE .................................................................................................................. 27
WINCHESTER REGIONAL AIRPORT PROJECT PRIORITY LIST ............................................................................................................................. 30
PRIORITY 1 - NEW AIRPORT TERMINAL ............................................................................................................................................................. 30
PRIORITY 2 – TAXIWAY “A” RELOCATION .......................................................................................................................................................... 30
PRIORITY 3 – ACQUIRE LAND/EASEMENTS ......................................................................................................................................................... 30
PRIORITY 4 – NORTHSIDE SITE PREP ................................................................................................................................................................ 31
PRIORITY 5 – BIL ELIGIBLE PROJECTS .............................................................................................................................................................. 31
PRIORITY 6 – MASTER PLAN UPDATE ................................................................................................................................................................ 31
PRIORITY 7 – REHABILITATE RUNWAY 14/32 ..................................................................................................................................................... 32
2
661
3
CAPITAL IMPROVEMENT PLAN FREDERICK COUNTY
FY 2024-2029
INTRODUCTION
Section §15.2-2239 of the Code of Virginia assigns the responsibility for preparation of plans for capital outlays to the local Planning
Commissions. The Capital Improvement Plan (CIP) consists of a schedule for major capital expenditures for the County for the
ensuing five years.
The CIP is updated annually. Projects are removed from the plans as they are completed or as priorities change. The plan is
intended to assist the Board of Supervisors in preparation of the County budget. In addition to determining priorities for ca pital
expenditures, the County must also ensure that projects contained within the CIP conform to the Comprehensive Plan. Specifica lly,
the projects are reviewed with considerations regarding the health, safety, and general welfare of the public, and the polici es of the
Comprehensive Plan. Once the CIP is adopted, it becomes a component of the Comprehensive Plan and provides a link between the
documents and potential proffered contributions made with future rezoning projects. Furthermore, the listing of a given proje ct in
the CIP, and the CIP becoming a component of the Comprehensive Plan, is intended to satisfy the Code of Virginia § 15.2-2232.
In developing the CIP, a variety of adopted policies are considered:
•Comprehensive Plan Debt Management Policies
•Capital and Reserve Fund Policies
•Frederick County Public Schools New School Planning
Additionally, the development of the CIP is a collaborative process that involves a variety of County Departments and Frederi ck
County Public Schools (FCPS). Each County Department and FCPS prepare their requests and the Department of Planning and
Development compiles those requests for review by the County Administrator. The Finance Department and Treasurer’s office ass ist
in evaluating debt capacity against proposed projects to determine whether the proposals can be funded in the initial five -year
period in compliance with the Board’s debt management policies.
662
4
PROJECT RECOMMENDATIONS
Frederick County Public Schools
Frederick County Public Schools (FCPS) continues to commence and complete capital projects that have been priorities from
previous years. This year’s request from FCPS is more focused on immediate and pressing needs faced by the school system. The
first priority is the construction of a fourth High School. An expansion to Middletown Elementary and Jordan Springs Elementary are
the second and third priority, respectively.
Parks & Recreation
The top capital improvement priority for Parks & Recreation is establishing an indoor recreation center. In addition to that project,
the department has prioritized spray grounds at existing parks, the completion of Old Charlestown Road Park, developing area 3 of
the Sherando Park master plan, and construction of the Abrams Creek Trail. The department’s priorities are largely informed b y the
Parks & Recreation Community Survey.
Handley Regional Library
The Handley Regional Library’s top priority is a new library branch in the Gainesboro area. This would likely be achieved via the
purchase and rehabilitation of an existing structure, and would be a small branch envisioned to provide an extension of services to
this area rather than a standalone full service branch.
County Administration
There is one request from Public Works for the Double Toll Gate Convenience Site, which is currently funded and progressing
towards construction. County Administration’s top priority project continues to be the County Office Annex (Former Sunnyside
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5
Plaza Shopping Center), which is shown midway through the plan timeframe for initial demolition work. General Government
Capital Expenditures are also included. This item addresses those general government capital expenditures that may fall below the
established $100,000 departmental threshold.
Fire & Rescue
The top project for Fire & Rescue is the construction of Fire & Rescue Station 22, a new facility located in the vicinity of Route 277,
along with the apparatus needed for this facility. Additionally, a new Station 23 and the associated apparatus is planned for the Fort
Collier area, and the continued renovations to existing stations is included.
Sheriff’s Office
The Sheriff’s Office top priority is the construction of an eight -bay steel building for housing of large, specialized vehicles that require
coverage.
Public Safety Communications
The Project 25 Public Safety Radio Network is the top public safety & communications priority. This project includes the purc hase,
construction, and deployment of Association of Public-Safety Communications Officials (APCO) International Project 25 (P25) radio
communications system to support mission-critical public safety communications within the County. This system will provide radio
and paging communications for the Frederick County Sheriff’s Department, Frederick County Fire & Rescue, volunteer Fire & Res cue
companies, and the Department of Public Safety Communications. This project is currently underway.
Transportation Committee
The Transportation Committee continues to provide project requests for the CIP. Virginia State Code allows for transportation
projects to be included within a locality's CIP. Funding for transportation project requests typically come from a combinatio n of state
funds, developers, revenue sharing, various other revenue programs, and funds used to leverage those funding sources.
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6
The Transportation Committee has included 10 funded projects. As projects and applications are developed, they could include all or
a key portion of a prioritized project. The top three most imminent of the funded priorities include Exit 313 Bridge Replacem ent and
Capacity Improvements, Renaissance Drive (Phase 2), and the Route 277 turn lane extension at Warrior Drive. The inclusion of the
Eastern Road Plan Improvements item at number 32 once again emphasizes the connection between the CIP and potential proffered
contributions made with rezoning projects which are aimed at mitigating potential transportation impacts identified in the
Comprehensive Plan.
Winchester Regional Airport
Funding for airport projects is derived through a complex formula where the federal and state governments contribute a majori ty of
the funding, with Frederick County and the other jurisdictions providing the remaining funding. The construction of a new avi ation
terminal to support future airport operations continues to be the number one priority in the CIP (underway), followed by the
Taxiway “A” Relocation (design/construction). Other projects focus on land and easement acquisition in support of airport
development to meet Federal Aviation requirements. The vast majority of the funding for these improvements comes from the
Federal Aviation Administration (FAA) and the VA Department of Aviation (VDA).
665
!
!
!!
£¤
!
£¤11 ¦§¨81 1
2024 - 2029
Capital Improvements
Specific or
Approximate Locations
County Administration
1 Double Toll Gate Convenience Site Expansion
2 Sunnyside County Office Annex
Airport
Library
1 Library Branch - Gainesboro
2 Library Branch - Rt 522 South
3 Library Branch - Senseny & Greenwood
Fire & Rescue
1 Fire & Rescue Station 22
2 Fire & Rescue Station 22 Apparatus
3 Fire & Rescue Station 23
4 Fire & Rescue Station 23 Apparatus
Fire & Rescue - Volunteer Stations
¬«127
Station 20
Reynolds
Store !
!£¤522
2024 - 2029
Frederick County
Capital Improvements Plan
Sheriff's Office
1 Steel Building
£¤50 1
! Station 14
! Station 16
Gainesboro
£¤11
§¨¦81 ● Station 13
¬«259
Gore
3
Station 19
North
Mountain !
Station 15
Round Hill !
£¤522
!2
¨§¦81
¬«37 3, 4
¬«7
Clear Brook
Station 21
Millwood Station!
!
3 Station 18
Greenwood
¬«37
¦§¨81 !1
2
11
£¤522 £¤50
¬«55
Station 17
Star Tannery ! V
Station 11
Stephens City !
§¨¦81 ¬«27!7 1, 2
0 5,000 10,000 20,000
Feet
Miles
Station 12
Middletown £¤522
! 1.25 0 2.5 5
666
!
!!
EESAB
●High Schools
●Middle Schools
●Elementary Schools
●Support Facilities
Potential School Facility Locations
Potential School Locations
Purchased Land
Urban Development Area
SWSA ¬«127
£¤522
£¤522
2024 - 2029
Frederick County
Capital Improvements Plan
Existing and Potential School Locations
£¤50 £¤
Facilities Services
IHES !
FCMS
!! GES
£¤522
§¦¨81
11
● SES
JSES!
¬«259 Support Facilities West ! JWHS ●APRES
£¤50
JWMS
School Board Office !!! £¤11
MHS RRES !!! ¬«7
Middle School
Winchester ● DJHC
NREP/SRS●! GMES
OVES !
¬«37
¦¨§81 MS
£¤522 £¤50
Elementary School
Fourth High School
¬«55 £¤11
Stephens BHES
AES Transportation Facility
!!
City ●REAMS
!Elementary School
Note:
Created by Frederick County Department of
Planning & Development
Map represents the Capital Improvement Requests
submitted by Frederick County School Board
02/02/24
V
0 1 2 4 Miles
£¤11
MES !
Middletown ¦¨§81
!
SHS ¬«277
¤£522
School Locations
Are Most
Appropriate
Within the UDA
667
Proposed Parks
District
Community
Neighborhood
Abrams Creek Trail
Existing County Parks
Regional Park
Community Park
¤£522
Reynolds Store
k[Playground
2024 - 2029
Frederick County
Capital Improvements Plan
New Parks/Rec Locations
k[ Neighborhood P ark Reynolds
Store
Publically Accessible Land
Federal
State
Battlefield
Non-Profit
Local Park
Tuscarora Trail
School
¬«127
£¤522 Cross
Junction
y Public Boat Launch
Urban Development Area £¤50
Gore
Gainesboro
£¤522
¦¨§81
£¤11
Clear Brook
Park
Stephenson Stonewall
Park
¬«259 WEST
Shawneeland
Albin
£¤50 £¤11
Round Hill
Old Charles Town Road
Park
¬«7
k[ NE
¬«55
Rose Hill
Park
¬«37
£¤11
Stephens City
Winchester
§¨¦81
EAST
£¤522
Bowman Lake
k[ Trail
Frederick Heights
Park
£¤50
Star Tannery Armel National Forest
Created by Frederick County Department of V ¨¦§81 Sherando
Park ¬«277
Note:
Planning & Development
Map represents the Capital Improvement Requests
submitted by the Department of Parks & Recreation
12/29/2023
0 0.75 1.5 3 Miles
£¤11 ¦¨§66
Middletown £¤522
Clearbrook
668
2024 - 2029
Frederick County
Capital Improvement Plan
Transportation Projects
$+8
£¤522
£¤50 £¤522
+$9
5
¨¦§81 ¬«7
$+6
7
4
£¤11
4
¨¦§81
$+3 $+4
$+6
$+8
+$9 $+
2024 - 2029
Capital Improvement Plan
Transportation Projects
Funded Priorities
1.EXIT 313 BRIDGE REPLACEMENT
& CAPACITY IMPROVEMENTS
2.RENAISSANCE DR, PHASE 2
3.ROUTE 277; RT TURN LANE
EXTENSION AT WARRIOR DR
4.ROUTE 7 STARS STUDY PROJECT
5.EXIT 317 INTERCHANGE RAMP
REALIGNMENT
6.ROUTE 11 AT OLD CHARLESTOWN
RD ROUNDABOUT
7.REDBUD RD REALIGNMENT
8.GAINESBORO RD AT ROUTE 522
INTERSECTION UPGRADE
9.EXIT 317 INTERCHANGE
IMPROVEMENTS, DIVERGING DIAMOND
INSTALLATION
ROUTE 522 AT COSTELLO DRIVE
¬«37
¤£11
Winchester
1
+$ +$ 10 10. INTERSECTION UPGRADE,
+$10
2
£¤11
£¤522
£¤50
0 0.5
V
1 2 Miles
Stephens
City
$+3 ¬«277
Frederick County Dept of
Planning & Development
107 N Kent St
Winchester, VA 22601
www.fcva.us
02/02/24
669
THE CIP TABLES – CONTENT DESCRIPTIONS
The Capital Improvement Plan tables, on the following four pages, contain a list of the capital improvement projects proposed for
the ensuing five years. This year’s plan has been amended greatly from past years to only focus on projects that, if approved, would
expend funds within the next five years.
PROJECT FUNDING
The projects included in Table 1 have a total projected cost to the County of $236,705,795 over the ensuing five year period. This
figure excludes Airport requests and transportation projects as these are primarily funded through other sources.
•School projects are funded through a combination of loans from the Virginia Public School Authority and the Virginia
Literary Fund.
•Funding for Parks & Recreation Department projects will come from the unreserved fund balance of the County. The
Parks & Recreation Commission actively seeks grants and private sources of funding for projects not funded by the
County.
•The inclusion of transportation projects to the CIP is in no way an indication that Frederick County will be undertaking
these projects. Funding projects will continue to come from a combination of local, state, and federal funds, and
developer contributions.
•Airport projects will be funded by contributions from the federal, state, and local governments. The local portion may
include contributions from Frederick, Clarke, Shenandoah, and Warren Counties, as well as the City of Winchester.
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670
Table 1 - 2024-2029 Capital Improvement Plan Requests
Contribution Per Fiscal Year
Projects - Ranked by Department
2024-2025
2025-2026
2026-2027
2027-2028
2028-2029
Total Cost 5
Year Plan
Beyond FY29
Expenses
Department
Ensuing
Fiscal Year
Year 2
Year 3
Year 4
Year 5
Public Schools
Fourth High School $9,600,000 $30,000,000 $67,200,000 $38,100,000 $7,500,000 $152,400,000
Middletown Elementary School Expansion $1,100,000 $15,000,000 $3,100,000 $19,200,000
Jordan Springs Elementary School Expansion $700,000 $9,700,000 $1,600,000 $12,000,000
Total $11,400,000 $54,700,000 $71,900,000 $38,100,000 $7,500,000 $183,600,000 $0
Parks & Recreation
Recreation Center $1,100,000 $12,060,000 $13,160,000
Spray Grounds $641,000 $698,690 $1,339,690
Old Charlestown Road Park $4,590,000 $4,590,000
Sherando Park Area 3 Development $514,022 $3,626,430 $4,140,452
Abrams Creek Trail $190,750 $2,060,000 $2,250,750
Total $6,331,000 $514,022 $15,877,180 $698,690 $2,060,000 $25,480,892 $0
Regional Library
Gainesboro Library $44,903 $700,000 $150,000 $75,000 $969,903
Total $0 $44,903 $700,000 $150,000 $75,000 $969,903 $0
County Administration
County Office Annex (Sunnyside) $1,000,000 $1,000,000 TBD
General Government Capital Expenditures $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 Continuous
Double Toll Gate - Convenience Center $750,000
Total $950,000 $200,000 $1,200,000 $200,000 $200,000 $2,000,000 $0
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Contribution Per Fiscal Year
Projects - Ranked by Department 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
Total Cost 5
Year Plan
Beyond FY29
Expenses
Fire & Rescue
Fire & Rescue Station 22 $7,500,000 $7,500,000
Station 22 Apparatus $1,825,000 $1,825,000 $8,000,000
Fire and Rescue Station 23 $2,000,000 $2,000,000 $4,000,000 $3,000,000
Station 23 Apparatus $4,500,000 $4,500,000
Station Renovations $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $1,000,000
Wildland Urban Interface Vehicle 1&2 $1,000,000 $1,000,000
Total $1,000,000 $8,500,000 $2,825,000 $8,500,000 $3,000,000 $23,825,000 12,000,000
Sheriffs Office Storage/Training Building $380,000 $380,000
Replace URST Vehicle $450,000 $450,000
Total $830,000 $0 $0 $0 $0 $830,000 0
Project 25 Public Safety Radio Network $20,981,973 $20,981,973
Communications
Total $20,981,973 $0 $0 $0 $0 $0 $0
Total of All Categories $41,492,973 $63,958,925 $92,502,180 $47,648,690 $12,835,000 $236,705,795 $12,000,000
Public Safety - Fire and Rescue, Sheriff's Office and Communications
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Table 2 - Transportation Projects - CIP Requests
Contribution Per Fiscal Year
Projects - Ranked by Agency 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 2029+
County/VDOT/P
rivate
Contributions Notes
Total Project
Costs
Ensuing
Fiscal Year Year 2 Year 3 Year 4 Year 5
Beyond
Year 6+
Funded Priorities
Exit 313 Bridge Replacement and Capacity Improvements $17,044,000 $9,479,000 $9,269,000 $800,000 $18,063,000 $54,655,000 $54,655,000
Rennaisance Drive, Phase 2 $4,655,857 $4,655,857 E $4,655,857
Route 277 right turn extension Warrior Drive $500,850 $500,850 $500,850
Route 7 STARS Study Project $1,239,000 $1,239,000 $1,239,000
Exit 317 Interchange Ramp Realignment $6,944,000 $6,944,000 $6,944,000
Route 11 @ Old Charlestown Road Roundabout $6,357,000 $6,357,000 E $6,357,000
Redbud Road Realignment $5,420,000 $153,000 $415,000 $5,988,000 E $5,988,000
Gainsboro Road Intersection with Route 522 upgrade (design) $4,000,000 $4,000,000 $4,000,000
Exit 317 Interchange Upgrade $4,277,548 $3,255,993 $3,750,000 $11,049,000 $15,265,000 $37,597,541 $37,597,541
Intersection Upgrade Rt 522 and Costello Drive $1,129,180 $606,380 $1,000,000 $1,292,000 $2,747,000 $6,774,560 $6,774,560
Total $51,567,435 $13,341,373 $14,172,000 $13,141,000 $18,012,000 $18,478,000 $128,711,808 $128,711,808
Other Funding Sources: E= Partial funding anticipated through development & revenue sources
The inclusion of transportation projects to the CIP is in no way an indication that Frederick County will be undertaking these projects. Funding projects
will continue to come from a combination of state and federal funds, developer contributions, and revenue sharing
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Table 3 - Winchester Reginal Airport CIP Requests
Contribution Per Fiscal Year
Projects - Ranked by Agency 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 Notes
Total Project
Costs
Ensuing
Fiscal Year Year 2 Year 3 Year 4 Year 5
New Terminal $11,500,000 A,B,C $11,500,000
Taxiway "A" Relocation $5,685,393 $6,000,000 $12,500,000 A,B,C $24,185,393
Acquire Land/Easements $327,778 $450,000 $450,000 A,B,C $1,227,778
Northside Site Prep $328,000 $1,800,000 A,B,C $2,128,000
BIL Eligible Projects $622,800 $622,800 A,B,C $1,245,600
Master Plan Update $800,000 A,B,C $800,000
Rehabilitate Runway 14/32 $7,000,000 A,B,C $7,000,000
Total $17,841,171 $7,072,800 $15,372,800 $800,000 $7,000,000 $48,086,771
A= Partial funding from VA Dept. of Aviation
B= Partial funding from FAA
C = Partial local funding (% split between Frederick County and Winchester based on Weldon Cooper figures)
*Airport projects will be funded by contributions from the federal, state, and local governments.
The local portion may include contributions from Frederick, Clarke, Shenandoah, and Warren
Counties, and the City of Winchester.
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Frederick
County Public
Schools
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5
Frederick County Public Schools Project Priority List
PRIORITY 1 - Fourth High School
Description: This new high school is proposed to serve students in grades 9-12 with a program capacity of 1,250 students, and
will address overcrowding and anticipated growth in high school student enrollment in the school division. The site is locate d at
the end of Justes Drive behind Admiral Byrd MS. This school will be designed for collaborative education, similar to Aylor MS ,
with a variety of learning spaces to meet the needs of different learning styles and to impart skills necessary for today’s w orking
world.
Capital Cost: $152,400,000
Justification: This project will address overcrowding and projected growth in high school student enrollment in the school
division for more than ten years.
Construction Schedule: It is anticipated this project could be completed in five years.
PRIORITY 2 - Middletown Elementary School Expansion
Description: Middletown ES opened in 1989 and has served continuously as a K-5 elementary school since that time. The school
contains 70,281 square feet and has a program capacity of 527 students. As of December 8, 2023, the school has 595 students.
Thirteen classrooms will be added to Middletown ES, to accommodate the additional growth in the southeast area of the
County. An attendance zone rezoning will accompany this expansion to address capacity issues at Armel ES and Bass -Hoover ES.
Capital Cost: $19,200,000
Justification: Middletown ES is in good condition, however growth in the southeast area of the County will need to be
addressed through the addition of classrooms to the facility and an attendance zone rezoning.
Construction Schedule: It is anticipated this project could be completed in three years.
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6
PRIORITY 3 - Jordan Springs Elementary School Expansion
Description: Jordan Springs ES opened in 2020 and serves as a K-5 elementary school. The school contains 84,375 square feet
and has a program capacity of 500 students. As of December 8, 2023, the school has 617 students. Proposed additions include
10 classrooms and a gym expansion.
Capital Cost: $12,000,000
Justification: Both recent and expected growth in the attendance zone will need to be addressed through two strategies,
including the addition of classrooms to the facility and an attendance zone rezoning. Neither strategy alone is sufficient to
address enrollment growth at Jordan Springs ES.
Construction Schedule: It is anticipated this project could be completed in three years.
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Parks &
Recreation
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8
Parks & Recreation Department Project Priority List
PRIORITY 1 - Recreation Center
Description: The Recreation Center would be approximately 44,000 square feet and include an indoor area large enough to
accommodate a minimum of two basketball courts and an indoor turf field. The court area would also be designed for utilizatio n by
indoor soccer, baseball, softball, wrestling, volleyball, pickleball, and badminton with the installation of in -floor sleeves and drop
curtains or partitions. This area could also be used for special events such as dances, proms, music events, or craft shows, thus
providing a flexible facility for a multitude of activities to take place at one time. The facility would also house a fitnes s equipment
room, multi-purpose rooms, office, storage, and locker rooms.
Capital Cost: $13,160,000
Justification: Since its inception, the Parks & Recreation Department has relied significantly on the use of the county public schools
to house recreation programs. This arrangement adequately addressed Recreation Center needs for a time, however the
department currently offers over 250 sections of programs, creating a situation where the department is limited in its abilit y to meet
the programming and facility needs of the county residents. A Recreation Center facility will facilitate the department to me et
citizen programming demands and provide the area with a facility to attract new businesses to the community. This facility w ould
be available to all area residents.
Construction Schedule: It is anticipated this project could be completed in three years.
PRIORITY 2 - Spray Grounds
Description: Spray-ground additions to Clearbrook and Sherando Parks are envisioned as 10-15 feature pads. Intended to
supplement existing playgrounds and other recreation-based activities at the parks, the spray-grounds would similarly be free to the
public. Location at the parks would be separate from the existing pools and dictated by infrastructure availability including but not
limited to, parking, water, sewer, and electricity.
Capital Cost: $1,339,690 (grant funding anticipated)
Justification: Spray-grounds are a popular summer activity for all ages, and are particularly well-suited for youth. Visitors to the
parks have expressed an interest in additional activities and spray -grounds are identified as a need in the Parks and Recreation
Community Survey. This facility would be available to all area residents.
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Construction Schedule: It is anticipated this project could be completed for both parks in four years.
PRIORITY 3 - Sherando Park North - Softball Complex
Description: Old Charlestown Road Park, situated on land proffered by the Snowden Bridge development provides land for the
provision of an active recreation park. The park is to include athletic fields suitable for league play. Fields, restroom, pl ayground,
hard surface courts, and parking are part of the park concept.
Capital Cost: $4,590,000
Justification: The overall park design is informed by the Snowden Bridge (formerly Stephenson Village) rezoning proffer of 2003
and public input sessions in 2020. Plans are to provide rectangular fields and hard surface courts at this location. There a re no
public rectangular fields in the northern area of the County.
Construction Schedule: It is anticipated this project will take one year to complete.
PRIORITY 4– Sherando Park Area 3 Development
Description: This project completes the development vision for the SW area of Sherando Park located north of Route 277. This
vision is outlined in the 2016 North Sherando Park Master Plan update. Included are rectangular play fields, a shared use tra il
segment, roadway and parking, playground, and a restroom. The project also includes completion of the Sherando Park Softball
Complex.
Capital Cost: $4,140,452
Justification: This facility would provide recreational opportunities for the entire Frederick County area and allow separation
between youth and adult sport participants who often currently play in close proximity. These additional fields are needed to meet
current demand and the completion of the softball complex will allow for tournament use.
Construction Schedule: It is anticipated this project could be completed in four years.
PRIORITY 5 - Abrams Creek Trail
Description: 10' wide, asphalt, shared-use trail along Abrams Creek from Senseny Road to Channing Drive. It is estimated the trail
will have six bridge stream crossings and will be approximately 3 miles in length. As outlined below, the project is envisio ned in
three phases of approximately 1 mile each. Each phase will have logical beginning and ending points and be usable trail secti ons in
themselves. Phase 1 from Senseny Road to Woodstock Lane is funded and underway. Phase 2 from Woodstock Lane to Woody's
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10
Place, and Phase 3 from Woody's Place to Channing Drive need to be planned and constructed.
Capital Cost: $4,750,750
Justification: This facility would provide recreational opportunities for residents and provide an alternate means of entering and
exiting the City of Winchester from Eastern Frederick County. This project is intended to meet the needs of the community as
identified in the 2022 Frederick County Parks and Recreation Community Survey, and the 2012 Virginia Outdoors Plan Survey.
Construction Schedule: The construction schedule will follow VDOT funding. Design for Phase II is anticipated to take two years,
construction to take one year.
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Handley
Regional
Library
682
Handley Regional Library Project Priority List
PRIORITY 1 - Frederick County Library Branch - Gainesboro
Description: This document is regarding the lease/purchase and rehabiltiation of a 2,000 to 4,000 square foot library. Two
currently vacant properties have been researched in the Gainesboro area that could be rehabilitated into a small free standin g
library. Initial parking should be for at least 10 vehicles. The proposed location would be on Route 50 or on Route 522 in th e
Gainesboro district.
Capital Cost: $969,903
Justification: This branch would serve citizens living in an area that has been underserved by the Handley Library system.
In 2022-23 the library system checked out 379,861 (traditional) and 92,959 (electronic) books for a total of 472,280 books to
Frederick County residents. 28,028 Frederick County residents have active cards and averaged 67.33% of all materials checked out.
As of June, 2023 there were 2,940 new Frederick County registrations for the year. The library began collecting statistics on the
Electronic Retrieval of Information, including information and documents retrieved from online databases, such as historical
documents and research articles from periodicals. For this past year, Frederick County card holders downloaded 80,028 documen ts.
The population group in the Gainesboro district is not close to a library in the regional system. This new library would serv e a
sizeable population of Frederick County that is not being served. The Library would provide materials and programming for cit izens
from toddlers to seniors, provide recreational and educational materials, and be a prime source for homework help as it will be open
nights and on weekends when school libraries are closed. The library would supply computer access via Wi -Fi, rental tablets and
hotspots, via laptop computers for document processing and for Internet usage. A small meeting room is envisaged for local gr oups
to use as well as for children’s story times and events such as local history talks. The library system provides business and personal
help for all via scan/fax machines, a “print me” capability where one can print from a smart phone or from a computer at home ,
notary services free to the public, as well as interlibrary loan where we borrow books from around the nation. The library st aff is
available to help job applicants apply online and provide job research and testing assistance. The library will be there to h elp with all
traditional citizen needs.
Construction Schedule: It is anticipated this project could be completed in three years.
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683
County
Administration
684
County Administration and Public Works Project Priority List
PRIORITY 1 - County Office Annex (Former Sunnyside Plaza Shopping Center)
Description: The project entails the demolition of the existing shopping center building containing 64,000 square feet located on
approximately 10 acres with construction of a new building (size to be determined). This project will accommodate the relocat ion of
certain county departments from the 107 N. Kent Street complex to address existing and future space needs of county departmen ts.
Capital Cost: $1,000,000
Justification: The inclusion of this capital facility will allow for more improvements to general governmental facilities and services
for the benefit of the residents of Frederick County and will meet the increasing need for office space, meeting space, and
government services in an accessible location.
Construction Schedule: TBD
PRIORITY 2 -General Government Capital Expenditures
Description: This project consists of a revolving fund in the amount of $1,000,000 for the benefit of General Government Capital
Expenditures. It is the intention of this capital expenditure fund to be for the purpose of purchasing capital equipment for
governmental agencies and to allow for improvements to general governmental facilities. Such expenditures may be less than th e
established $100,000 departmental threshold. It was determined that the inclusion of such a project would be beneficial in en suring
that this significant capital expense is identified in the County’s capital planning and budget process. This project is for the benefit of
County Governmental Entities participating in the CIP but does not include individual Volunteer Fire and Rescue Companies.
Capital Cost: $1,000,000
Justification: The inclusion of this capital expenditure fund for the purpose of purchasing capital equipment for governmental
agencies and to allow for improvements to general governmental facilities will enable the County to meet the requirements of the
Code of Virginia with regards to the collection and disbursement of cash proffers accepted on behalf of the governmental enti ties.
Construction Schedule: TBD
14
685
Fire & Rescue
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16
Fire & Rescue Project Priority List
PRIORITY 1 - Frederick County Fire & Rescue Station 22
Description: Fire Station 22 will be a three-bay drive through fire station that will house an Engine, Ambulance, and Tanker. It will
also allow for the expansion of apparatus to include brush fire apparatus and other potential needed apparatus for the area a s
growth will determine. The fire station will provide 24-hour coverage and will require living quarters for up to 12 firefighters. The
living quarters will provide a physical training area, laundry/decontamination facilities, kitchen/dining areas, private slee ping
quarters, locker room, bathroom, and office areas. The fire station will also include designed areas and props for training i nside and
outside of the fire station. The future location of the fire station will be determined by utilization of time and distance t ravel models
for the population densities of the area.
Capital Cost: $7,500,000
Justification: This station will serve the Route 522/Route 277 area of Frederick County. This area of the County has seen rapid
growth in the past five years. The travel distance from the closest county fire station is greater than the current recommend ed time
and distance models from the Insurance Services Office (ISO), the National Fire Protection Association (NFPA), and other acce pted
fire department and emergency medical standards. The purpose of this station is to decrease the travel time it takes to get t o the
citizens of Frederick County in that area.
Construction Schedule: Completion in FY 25-26.
PRIORITY 1A - Ambulance 22, Engine 22, & Tanker 22
Description: This project will be a Type I Custom Advanced Life Support Ambulance, a NFPA 1901 approved fire engine, and a NFPA
1901 compliant Tanker with a commercial cab.
Capital Cost: $1,100,000
Justification: See Station 22 Justification
Construction Schedule: Completion in FY 26-27.
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17
PRIORITY 2 - Station Renovations
Description: As part of the Fire Rescue System 10-year planning process, preliminary survey and analysis was completed of each of
the 9 volunteer fire stations. Based on the preliminary survey it was recommended that a place holder for $1,000,000 in build ing
renovations and repairs be placed in each fiscal year. More detailed analysis by station is underway to identify critical nee ds and to
assign priority to each project.
Capital Cost: $6,000,000
Justification: As part of the Fire Rescue System 10-year planning process, preliminary survey and analysis was completed of each of
the 9 volunteer fire stations. None of the 9 volunteer stations were originally designed or constructed to house full -time staff 24-
hours a day, 365 days a year. The volunteer companies have over the last 20 years made various renovations and additions as
finances could allow to make accommodations for the minimum staffing levels. As the projected minimum staffing levels increas e
over the next 10 years, additional renovations will be required. Over the last two years, the Clear Brook and Greenwood Volun teer
Fire Companies have renovated their living areas to accommodate additional staffing for between $600,000 to $1,300,000. Base d
on the preliminary survey, similar renovations will be necessary in the remaining stations as well as more comprehensive work on
the basic infrastructure of the aging buildings and updating to current life, health, and safety standards for the faciliti es. The
average cost of $1,000,000 is used as a place holder for planning purposes until completion of the more detailed analysis is
completed. As described earlier, volunteer companies may undertake all or a portion of the renovation projects as their indiv idual
finances allow in the absence of a comprehensive funding approach to the needed renovations.
Construction Schedule: Continuous for Plan timeframe
PRIORITY 3 – Station 23
Description: Fire Station 23 will be a three-bay drive through fire station that will house an Engine, two Ambulances, and aerial. It
will also allow for the expansion of apparatus to include brush fire apparatus and other potentially needed apparatus for the area as
growth will determine. The fire station will provide 24-hour coverage and will require living quarters for up to 12 firefighters. The
living quarters will provide a physical training area, laundry/decontamination facilities, kitchen/dining areas, private slee ping
quarters, locker room, bathroom, and office areas. The fire station will also include designed areas and props for training i nside and
outside of the fire station. The future location of the fire station will be determined by utilization of time and distance t ravel models
for the population densities of the area.
Capital Cost: $8,000,000
Justification: This station will serve the Fort Collier area of Frederick County. This area of the County has seen rapid growth in the
past five years. The travel distance from the closest county fire station is greater than the current recommended time and distance
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models from ISO, NFPA and other accepted fire department and emergency medical standards. The purpose of this station is to
decrease the travel time it takes to get to the citizens of Frederick County in that area.
Construction Schedule: Station location, design, and land acquisition will be conducted in 2027/2028. Construction commences in
2028 and completed in 2029.
PRIORITY 3A - Station 23 Apparatus
Description: NFPA 1901 approved aerial device, a NFPA 1901 approved fire Engine, and Type I Custom Advanced Life Support
Ambulance.
Capital Cost: $4,500,000
Justification: See Station 23 justification
Construction Schedule: FY 2027-2028
PRIORITY 4 - Wildland Urban Interface Vehicle 1 & 2
Description: This project will be a NFPA 1901 approved Wildland Urban Interface Vehicle. This vehicle will serve a special purpose
in the fire and rescue system. This apparatus will be constructed on a commercial single axle vehicle with four -wheel drive
capabilities. This apparatus will have a minimum 1000gpm pump with a minimum of 500 gallons of water and a class A foam syste m
for fire suppression efforts. This apparatus will also carry the standard structural and wildland firefighting equipment to i nclude fire
hose, ladders, hand tools, and saws. This apparatus will be specially designed to respond to structural incidents and wildlan d
incidents. The Fire and Rescue system has many areas across the County that are not easily accessible to regular fire apparatus. This
apparatus will allow for a quicker and more efficient response to these incidents. These apparatuses also become very important
during inclement weather.
Capital Cost: $1,000,000
Justification: This apparatus will be specially designed to respond to structural incidents and wildland incidents. The Fire and
Rescue system has many areas across the County that are not easily accessible to regular fire apparatus. This apparatus will allow us
a quicker and more efficient response to these incidents. These apparatuses also become very important during inclement weath er.
Construction Schedule: This apparatus order would be placed in FY 28 and construction on the vehicle would not begin until FY28
and delivered during FY29. The current fire apparatus construction market is seeing 18 to 24 months for completion of orders due
to back logs from supply chain and pandemic issues.
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Sheriff’s Office
& Public Safety
Communication
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20
Sheriff’s Office Project Priority List
PRIORITY 1 – Replace Underwater Search and Recovery Vehicle
Description: This project is to indicate projected cost for the replacement of the Underwater Search and Recovery Team’s vehicle.
The Frederick County Sheriff's Office’s US&RT carries all of it’s diving equipment and swift water rescue equipment in the ve hicle to
incidents. The US&RT has recovered human remains, evidence from crimes, vehicles and an airplane from bodies of water in
Frederick County. US&RT members also have performed swift water rescue and the surrounding area. Members of the team are also
swift water rescue technicians, swift water vehicle rescue technicians, and confined space operations. The current vehicle is an older
rescue truck (1986 Hendrickson heavy walk-in rescue) that was acquired from a local Fire & Rescue department.
Capital Cost: $450,000
Justification: Frederick County has several communities and recreational areas with large bodies of water used for recreational
activities used for boating, swimming, and fishing. The communities of Lake Holiday, Shawnee land and have beaches for swimming.
Lake Frederick is used for Boating and Fishing. The Cove and Camp Rock Enon has beaches for boating, fishing and swimming. Th ere
are also numerous bodies of water ranging from lakes, quarries, and waterways throughout the County within communities or rur al
areas. The Regency Lakes community has bodies of water where vehicles have been removed from due to motor vehicles accidents.
The vehicle chassis and body is nearly four decades old. Finding replacement parts for repairs is becoming increasingly diffi cult. Parts
have to be fabricated or found great distances away causing extended delays. The US&RT truck is the only dive team truck for law
enforcement and rescue calls for service from the Maryland State line to Rockbridge County. Sheriff’s Office divers are certi fied by
PADI, Scuba Diving International, Underwater Criminal Investigators, Emergency Response Diving International, Virginia State Police,
Virginia Department of Fire Programs, and trained to OSHA standards to handle these types of calls for service. Frederick Cou nty
residents would have an extended amount of response time for the next available team to arrive to answer a call for service w ithin
Frederick County.
Construction Schedule: Completion in FY 24-25
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PRIORITY 2 – 8 Bay Steel Building for Large Vehicles
Description: Construct an 8-bay steel building for housing of large, specialized vehicles that require coverage due to the large
amount of equipment and specialized tools. This project does not require the purchase of land as it will be constructed on th e
property of the Frederick County Sheriff's Office. The building will allow for the maintenance, storage, security of all the large
specialized vehicles that are required for the special operations teams, and year -round training. This building size will be 4,256
square feet and will require 13,500 square feet to build. This will be an 8-bay, 4 garage door equipment storage building with a
35x76 front concrete pad.
Capital Cost: $380,000
Justification: This project will facilitate the required housing of vehicles that are used for the special purpose teams. These vehicles
are required to be protected from the weather to ensure quick responses to emergencies. Protecting the vehicles will allow th e
longevity of the vehicle by reducing engine wear and exposure to fluctuating weather conditions. Due to these vehicles belong ing to
specialty teams, the vehicles house important and expensive equipment. This equipment allows personnel of each specialty team to
conduct the mission at hand. Much of the equipment has to be maintained at certain temperatures. The Sheriff’s Office can als o use
the building to do specialized training in for the deputies, such as SWAT, Civil Disturbance, Search and Rescue, Use of Force , etc.
Construction Schedule: Due to the simplicity of the building, style, materials and the availability of the land, this building can be
completed in one year
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22
Public Safety and Communications Project Priority List
PRIORITY 1 – Project 25 Public Safety Radio Network
Description: Purchase, construction, and deployment of Association of Public -Safety Communications Officials (APCO) International
Project 25 (P25) radio communications system to support mission-critical public safety communications within the County. This
system will provide radio and paging communications for the Frederick County Sheriff’s Department, Frederick County Fire &
Rescue, volunteer fire & rescue companies, and the Department of Public Safety Communications.
Capital Cost: $20,981,973
Justification: Frederick County’s current public safety radio system was originally designed as a mobile-only Public Works system
approximately 40 years ago. Since that time, law enforcement, fire, and emergency medical services have expanded and in the l ate
1980s to early 1990s, the system was designated as the County’ public safety radio system; however, the system was not redesi gned
for public safety use.
The County’s public safety radio system today consists primarily of conventional very -high frequency (VHF) repeaters, base stations
and voted receivers operating from six sites within the county. All repeaters operate in the narrowband analog mode. With eac h
repeater operation on a separate conventional frequency, users must switch channels manually to access the appropriate repeat er
depending on their location within the county.
As a result of the current system, a lack of coverage and unreliable performance exist in many areas within the County. The e xisting
system’s design is insufficient to provide reliable public-safety-grade performance. Performance on the existing system can vary for
different functional users (Law Enforcement/Fire) depending on location and which frequency and radio site with which they ar e
affiliated. In addition, the system design includes single points of failure that can leave emergency responders with no reli able way
to be dispatched or to communicate for an extended period if a failure occurs.
In early 2020, Frederick County issued a Request for Proposals seeking a new public safety radio system. After several delays and a
legal challenge, Frederick County entered into a contract with EF Johnson in August 2021 for construction of a new Countywide P25
public safety radio system. Frederick County’s new radio system will be P25 compliant and will replace the existing radio sys tem. P25
is the current standard developed and accepted by the U.S. Department of Homeland Security to ensure emergency radio systems
and equipment are capable of interoperability for public safety. P25 systems ensure the interoperabil ity of emergency
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communications equipment between local, state, and federal public safety professionals. It is important to note that the Coun ty’s
current public safety radio system does not meet the P25 standard.
The new radio system will be a 10-site system configured as a single simulcast cell providing coverage to the service areas and
operating conditions for Frederick County, Winchester, and the I-81 corridor. Nine sites will be located within Frederick County and
one site will be a co-located site located in Shenandoah County.
Construction Schedule: The contract award for this project was in August 2021. It is estimated to be completed by December 2024.
694
Transportation
Committee
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25
Transportation Committee Project Priority List
PRIORITY 1 - Exit 313 Bridge Replacement and Capacity Improvements
Description: Replace the structurally deficient bridge at Exit 313 and add limited capacity improvements.
Capital Cost: $38,422,650
Justification: The bridge on Route 17/50/522 (Millwood Pike) over Interstate 81 at Exit 313 is reaching the end of its service life and
needs to be replaced. The new bridge will feature design elements that will accommodate future improvements to the Route
17/50/522 corridor and future improvements to I-81. The interchange configuration will not change with this project.
Construction Schedule: TBD
PRIORITY 2 - Renaissance Drive, Phase 2
Description: Construct a connector road and railroad crossing between Route 11 and Shady Elm Road..
Capital Cost: $4,655,858
Justification: This is a transportation improvement that will address congestion at key points along Route 11 and Apple Valley
Road. This project is identified in Secondary Road Improvements Plan.
Construction Schedule: TBD
PRIORITY 3 - Route 277 right turn lane extension at Warrior Drive
Description: Extend right-turn lane for eastbound Route 277 at the intersection of Route 277 and Warrior Drive. Installation of
sidewalk for pedestrian safety and installation of pedestrian pedestal.
Capital Cost: $500,858
Justification: This improvement would be a significant safety upgrade to this intersection.
Construction Schedule: TBD
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26
PRIORITY 4 - Route 7 STARS Study Project
Description: Consolidate turning movements at Blossom Drive/Millbrook Drive and Route 7 as well as at First Woods
Drive/Greenwood Road and Route 7 to reduce conflicts and improve efficiency.
Capital Cost: $1,050,000
Justification: This improvement would be a significant safety upgrade to these intersections.
Construction Schedule: TBD
PRIORITY 5 - Exit 317 Interchange Ramp Realignment Project
Description: Relocate the existing northbound exit ramp at I-81 Exit 317 and Route 11 to the current location of the Redbud Road
intersection. This project will include turn lane upgrades on to the exit ramp from Route 11 North to I -81 northbound and removal
of the signal that will be made redundant by the realignment.
Capital Cost: $7,103,495
Justification: This improvement will upgrade traffic flow and safety through the interchange area.
Construction Schedule: TBD
PRIORITY 6 - Route 11 at Old Charlestown Road Roundabout installation
Description: Upgrade the temporary signal that is currently in place to the roundabout design that VDOT has identified for this
intersection.
Capital Cost: $5,426,108
Justification: This improvement will improve traffic flow and safety at this intersection while minimizing the impact to traffic
throughput north and south on Route 11.
Construction Schedule: TBD
PRIORITY 7 - Redbud Road Realignment
Description: The funding of the Exit 317 ramp realignment makes this realignment critical for trips that currently use Redbud Road
which total nearly 3,000 vehicles per day. VDOT has made it a requirement for the ramp realignment to move forward.
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Capital Cost: $5,988,146
Justification: This project is required to be underway in conjunction with or prior to the Exit 317 ramp realignment and the Board
has submitted a revenue sharing application to move it forward. The application is currently under review.
Construction Schedule: TBD
PRIORITY 8 - Gainesboro Road at Route 522 Intersection Upgrade
Description: This project seeks to upgrade the entrance points into Frederick County Middle School and Gainesboro Elementary
School where they access the state road system and improve the intersection of Gainesboro Road and Route 522 to accommodate
the traffic shift that will be involved as the schools relocate their primary access point to Gainesboro Road.
Capital Cost: $150,000
Justification: This project will improve safety for traffic in the vicinity of the schools as well as school traffic itself.
Construction Schedule: TBD
PRIORITY 9 - Exit 317 Interchange Improvements, Diverging Diamond Installation
Description: This project seeks to upgrade the existing interchange configuration from a traditional diamond interchange to a
diverging diamond interchange. This project will work in coordination with Project 5 and Project 7 for the overall upgrades t o the
operations of Exit 317.
Capital Cost: $37,597,541
Justification: This project will improve safety and improve overall traffic flow through increased capacity and reduced conflicts with
left turning traffic accessing the interchange.
Construction Schedule: TBD
PRIORITY 10 - Intersection Upgrade, Route 522 at Costello Drive
Description: This project will implement a double left turn onto Costello Drive from Route 522 southbound as well as reduce
conflicting movements from the hotel at that intersection.
Capital Cost: $6,774,560
Justification: This project will increase capacity, reduce backups, and improve safety.
Construction Schedule: TBD
698
Winchester
Regional
Airport
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30
Winchester Regional Airport Project Priority List
PRIORITY 1 - New Airport Terminal
Description: The Airport proposes design, bid, and construction of a new terminal building. The new facility will be constructed
south of the existing building. This project is underway.
Capital Cost: $11,500,000
Justification: FAA airport design standards
Construction Schedule: Completion in FY 24-25
PRIORITY 2 – Taxiway “A” Relocation
Description: The relocation of Taxiway A is part of the overall goal to meet Federal Aviation Administration (FAA) airport standards
to maintain CAT I Instrument Landing System (ILS) weather minimums and meet airport design criteria for Group III aircraft.
Capital Cost: $24,185,292
Justification: This project improves the safety of airport operations and enhances our ability to accommodate large business
aircraft. Due to the complexity of relocating the entire 5,500’ taxiway, the project will be completed in phases.
Construction Schedule: FY24: Construct Phase 2, Design/Bid Phase 3
FY25: Construct Phase 3, Design/Bid Phase 4
FY26: Construct Phase 4
PRIORITY 3 – Acquire Land/Easements
Description: Land required to facilitate the relocation of Taxiway A is part of the overall goal to meet Federal Aviation
Administration (FAA) airport standards to maintain CAT I Instrument Landing System (ILS) weather minimums, and meet airport
design criteria for Group III aircraft.
Capital Cost: $1,287,778
Justification: This project improves the safety of airport operations and enhances our ability to accommodate large aircraft in a
manner that is considerate of local land uses.
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Construction Schedule: FY24-FY26: Acquire Parcel
PRIORITY 4 – Northside Site Prep
Description: Site preparation for 30 acre tract of land owned fee simple and zoned for aeronautical use.
Capital Cost: $2,128,000
Justification: Area shown for development on airport master plan.
Construction Schedule: FY24: Environmental Assessment and Planning Study
FY26: Design and Construction
PRIORITY 5 – BIL Eligible Projects
Description: Eligible project under the Bipartisan Infrastructure Legislation (BIL) Airport Improvement Grant (AIG) program.
Capital Cost: $1,245,600
Justification: Final project scope TBD, as there are several eligible projects that conform to the Master Plan under consideration.
Construction Schedule: FY25: Design and/or Construction
FY26: Design and/or Construction
PRIORITY 6 – Master Plan Update
Description: Master plan update to include future development, aviation forecasts, community impact, and needs assessment.
Capital Cost: $800,000
Justification: Ensure continued compliance with comprehensive plan, regional development plans, and statewide aviation plan.
Construction Schedule: FY28: Planning and Final Report
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PRIORITY 7 – Rehabilitate Runway 14/32
Description: Rehabilitation project for the airport’s sole runway.
Capital Cost: $7,000,000
Justification: Project ensures runway is rehabilitated prior to reaching the end of its useful life.
Construction Schedule: FY29: Design and Construction
702
Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Other
Title: Current Planning Applications
Attachments:
703