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053-24 (CUP06-23DiamondCommunicationsLLC(I-81MiniStorage)) ORDINANCE -r f Action: PLANNING COMMISSION: February 21, 2024 Recommended Approval BOARD OF SUPER'V'ISORS: March 13, 2024 Adopted CONDITIONAL USE PERMIT #06-23 DIAMOND COMMUNICATIONS,LLC (I-81 MINI STORAGE) WHEREAS, CONDITIONAL USE PERMIT APPLICATION #06-23 was submitted by Diamond Communications, LLC, (I-81 Mini Storage LLC) to enable the construction of a 135-foot monopole type commercial telecommunications facility, with a setback waiver, at 127 Mercedes Court,in the Stonewall Magisterial District,identified with Property Identification Number 43-A-52; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on February 21, 2024 and recommended approval of this Conditional Use Permit; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on March 13, 2024; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit#06-23 to allow for a commercial telecommunication facility consisting of a 135-foot monopole telecommunication facility with reduced setbacks in accordance with the engineered fall zone of 18.6', is approved with 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 subject to approval by Frederick County prior to conducting the use. Res. No. 053-24 4. The tower must satisfy all premises and conditions set forth in the letter dated March 24,2023, from Robert E. Beacom, P.E., S.E., submitted with the application for this CUP, including that the tower be designed and manufactured by Sabre Industries. Non-compliance with the terms and conditions in the letter will result in the CUP being deemed invalid. 5. The tower shall be removed by the Applicant or property owner within twelve(12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected witl z!n twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. This ordinance shall be in effect on the date of adoption. Passed this 13th, day of March 2024 by the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael L. Bollhoef Frederick County dministrator Res. No. 053-24 co CONDITIONAL USE PERMIT #06-23 w Diamond Communications,LLC.—I-81 Mini Storage LLC w Monopole-Type Commercial Telecommunication Tower ® � Staff Report for the Board of Supervisors ,�1k;LN( 1738 Prepared: February 29, 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 Recommended Approval 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 Board of Supervisors find 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 Board of Supervisors find the waivers to the required setbacks to 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 the related telecom ordinance amendment being considered on the same agenda. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP 906-23, Diamond Communications, LLC —I-81 Mini Storage, LLC. February 29, 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 Page 3 CUP 906-23, Diamond Communications, LLC —I-81 Mini Storage, LLC. February 29, 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 1001. 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. Page 4 CUP 906-23, Diamond Communications, LLC —I-81 Mini Storage, LLC. February 29, 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 96.4' side (south) setback reduction and a 8.7' rear (East)reduction. STAFF CONCLUSIONS FOR THE 03/13/24 BOARD OF SUPERVISORS MEETING: Should the Board 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 telecommunication 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 Board 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. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/24 MEETING: The Planning Commission recommended approval of this 135-foot monopole type telecommunications facility with the necessary setback waivers. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP # 06 - 23: Diamond Communications, LLC (1-81 Mini Storage, LLC) PIN: 43 - A - 52 135' Wireless Communication Tower Zoning Ma HCl r; o 3 � CUP#06-23 MERCEDES GT r flQ3 �Q e MCGHEE RD o z z' Application Os Sewer and Water Service Area �2 Parcels B2(General Business District) N i B3(Industrial Transition District) 1 M1 (Light Industrial District) J1 S. Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 65 130 260 Feet Map Created:July 25,2023 CUP # 06 - 23: Diamond Communications, LLC (1-81 Mini Storage, LLC) PIN: 43 - A - 52 135' Wireless Communication Tower Location Ma MERCEDES CT 81 PORK 43 A 52 ERCED rIKE ` ■- o R 3 � CUP#O6 23 3 : 7 MERCEDES GT e's `\�� MCGHEE RD �o n J� Po�2 A� !y DAN 1 Application N Sewer and Water Service Area 1 QParcels 7 \ NE J1 S. Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 65 130 260 Feet Map Created:July 25,2023 Submittal Deadline `I - t j • Z 3 P/C Meeting - ' •. BOS Meeting (3 23 M �}GI.51 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant (check one_): Property Owner Other C1 NAME: Diamond Communications, LLC ADDRESS: 820 Morris Turnpike Suite 104 Short Hills, NJ 07078 TELEPHONE AND EMAIL ADDRESS: (610) 585-6853(Thomas Waniewski) twaniewski@diamondcomm.com 2. Please list all owners, occupants, or parties in interest of the property, Diamond Communications, LLC-Lessee 1-81 Mini Storage, LLC- Property Owner 3. The property is located at: (please give exact directions and include the route number of your road or street) 127 Mercedes Court Winchester,VA. 22603 Leased Premises consists of 0.0574 acres of the 3.57 acre parcel, as depicted on the attached survey. 4. The property has a road frontage of 0 feet and a depth of 25 x 100(compound) feet and consists of 0.0574 acres. (Please be exact) 5. The property is owned by 1-81 Mini Storage LLC as evidenced by deed from Negley Construction Inc. (previous owner) recorded in deed book no. 762 on page 235 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number(P.I.N.)43 A 52 Magisterial District Stonewall Current Zoning B3 5 7. Adjoining Property: USE ZONING North Commercial 133 East 1-81 _ South Vacant B2 West Commercial 133 8. The type of use proposed is (consult with the Plannina Dept. before completing): Commercial telecommunication facility. AT&T currently operates a communications facility co-located on the FirstEnergy transmission tower. The tower cannot be upgraded to meet changes to the safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site within the same Coverage area. The proposed monopole tower would remain within the same property boundaries as a relocated facility. 9. Describe, if applicable, any new buildings to-be-constructed associated with this use: A 135-foot monopole communications tower with a five foot lightening rod within a fenced compound. Compound will also include equipment to support up to 4 carriers proposed for the tower,and a generator.The Ordinance requires a setback from property lines of one(1 foot for every foot the tower is over 35 feet in height plus the required yard setbacks for the zoning district. Exceptions to the required eastern and southern setbacks are requested as described in the attached narrative. Certification has been included with this application which demonstrates a fall radius equal to or less than the provided tower setbacks. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified b mail of this application: Name and Property Identification Number Address NameSchulz Crossing LLC PO Box 7612 Property#43 A 1001 Arlington, VA 22207 NameJCR Rutherford Crossing Investors LLC 1055 Thomas Jefferson St. NW STE L9 Property#43 A 100D Washington, DC 20007 5221 Name Diel F. Wilson, Jr& Deborah L. Wilson 121 Mercedes Ct Property#43 A 52B Winchester, VA 22603 4638 Name 1601 Martinsburg Pike LLC 118 Mercedes Ct Property#43 A 52A Winchester, VA 22603 4638 Name 1601 Martinsburg Pike LLC 118 Mercedes Ct Property#43 A 52C Winchester, VA 22603 4638 Name Property# Name Property# 11. Please attach a sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines, site access, public and private roads, and any other pertinent information specific to the desired use (such as parking). A recorded plat is the best thing to use for this if available. 12. Please attach a written description of the proposed use including (as appropriate): hours of operation, number of employees, number of customers anticipated, outdoor storage, and any other pertinent information to address additional regulation for specific uses contained in §165-204 of the Frederick County Zoning Ordinance. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. *All owners listed on the property records ll sign the application. Signature of Applicant Signature of Owner(s) Owners' Mailing Address 127 Mercedes Court Winchester, VA. 22603 Owners' Telephone No. \54 O/ 665-2792 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 8 `c Special Limited Power of Attorney County of Frederick,Virginia Frederick Planning Website: www.fcva.us Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Travis Negley,1-81 Mini Storage LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 127 Mercedes Ct.Winchester,VA 22603 (540)665-2792 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: Map#43A52 do hereby make,constitute,and appoint: Thomas Waniewski,Diamond Communications,LLC Name of Attomey-In-Fact 210 Mountain Avenue,Springfield,NJ 07081 (610)585-6853 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appli tion with Frederick County,Virginia for the following,for the above identified property: Rezoning ❑ Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature �. Title(if signing on be a f of an entity) d _ State of f�I � _ _ T,CountYX ity of To wit: 1, l LC a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appearpd before me and has acknowledged the sari before me in the jurisdiction aforesaid this�_day of 20 Z KIRSTEN HELENE SIMMONS My Commission Expires: Z 'Zed -2NOTARY PuBUC U IC REGISTRATION#7810886 Registration Number: COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28.2023 C0G Special Limited Power of Attorney County of Frederick,Virginia a ` Frederick Planning Website: www.fcva.us d AY I Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Travis Negley, 1-81 Mini Storage LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 127 Mercedes Ct.Winchester,VA 22603 (540)665-2792 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: Map#43A52 do hereby make,constitute,and appoint: William Shewmake,Woods Rogers, PLC Name of Attomey-In-Fact 901 East Byrd Street Suite 1550 Richmond VA 23219 804-241-04531Cuao4-343-3035 iPl Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney4n-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim.or final) F1 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature 1.� Title(if signing a 0 an en C've-, State of r til(P— County/ ity of Q (✓�L ,To wit: a Notary Public in and for the jurisdiction aforesaid,certify that the persV� e ho signed the foregoing instrument personally appeared before me and has acknowledged the same,beme inthe jurisdiction aforesaid this_ day of ��V�fYY1 VfJ�20?J?— My Commission Expires- Z`Z� Not ub 1c ` Registration Number: KIRSTEN HELENE SIMMONS NOTARY PUBLIC REGISTRATION#7810885 COMMONWEALTH OF VIRGINIA FEBRUARY 28,2023 Affidavit of Understanding CUP Application I,Thomas Waniewski,as the duly authorized manager/agent of Diamond Communications, LLC, do hereby swear or affirm that Diamond Communications, LLC ("Diamond Communications"), is the lessee of the property identified as Parcel Identification Number 43 A 52, 127 Mercedes Court, Frederick County, and that the parcel is the subject of a conditional use permit for a telecommunications facility. Diamond Communications is aware that it and/or the owner may be held responsible for the removal of the telecommunications facility as set forth in Section 165-204.19.E of the Frederick County Code. Witness the following signature: Diamond Communications, LLC. By:Thomas Waniewski Its: Manager , Manager Signature Owner STATE OF _` � COUNTY/CITY OF � )lo ,to-wit: This day /h I -e WS _ personally appeared before me, 1"ne 1 . ,( 1 _ , a Notary Public in and for the County and State aforesaid, and swore or affirmed that the matters stated in the foregoing Special Limited Power of Attorney are true to the best of his knowledge and belief. Given under my hand this day of 12023. r f f ' Registration No: 501 OUIVI My Commission expires: Rubelquis D'Oleo Notary Public New Jersey My Commission Expires 06-03-2024 No. 50106167 Affidavit of Understanding CUP Application I, Travis Negley, as the duly authorized manager/agent of 1-81 Mini Storage LLC, do hereby swear or affirm that 1-81 Mini Storage, LLC("1-81 Mini Storage"), is the owner of the property identified as Parcel Identification Number 43 A 52, 127 Mercedes Court, Frederick County, and that the parcel is the subject of a conditional use permit for a telecommunications facility. 1-81 Mini Storage is aware that it and/or the lessee may be held responsible for the removal of the telecommunications facility as set forth in Section 165-204.19.E of the Frederick County Code. Witness the following signature: 1-81 Mini Storage, LLC. By:Travis Negley r Its: Manager `� Manager �,,- Signature Owner STATE OF �UIWA COON CITY OF TV_� L ,to-wit: This day -Tg PrV is personally appeared before me, V�� 1�-1 f�11(Y1Vlf�S� 5 , a Notary Public in and for the County and State aforesaid, and swore or affirmed that the matters stated in the foregoing Special Limited Power of Attorney are true to the best of his knowledge and belief. Given under my hand this day of 2023. ' 1 Notary Public ? ;• ••• �ip -- • = REG�1af0� '•Z W GOMM MBM EXNO Registration No: 701 M My Commission expires: r REQUEST FOR CONDITIONAL USE PERMIT COMMENTS r Virginia Department of Transportation rd Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, Virginia 22824 Edinburg, Virginia 22824 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2)copies of your application form, location rtlap and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 804 241-0453(Shewmake) Email Address: wtlliam.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication fa6fity. AT&T currently operates a communication facility co-located on the FirstEnergy transmission The tower cannot be upraded to meet changes to safety codes and FrstEnergy requirements AT&T must relocate to a suitable mte m same coverage a' The proposed 135 ft.nwnopole tower would remain"n same property boundaries as a relocated faribly with LQto d comers Fenced corrgours0 is fl 0574 aces¢ Location of Property: f 127 Mercedes Court Winchester,VA. Virginia Department of Transportation Comments: 2, Z0Z3 .6n0ry I VDOT Signature & Date: Notice to VDOT -Please Return Form to Applicant 9 AA, REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick-Winchester Health Department Mail to: Hand deliver to: -- Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 8Q4-241-0453(Shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a Communication facility co-located on the FirstEnergy transmission tower. The ower cannot be upraded to meet changes to safety codes and FirstEnergy requirements AT&T must relocate to a suitable site in same coverage area. The proposed 135 R.monopole tower would remain.n same property boundaries as a relocated reality wroth up to 4 camera.Fenced compound.s o 0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Frederick-Winchester Health Department's Comments: Health Dept. Signature&Date: Notice to Health Department-Please Return This Form to the Applicant 13 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS : Frederick County Inspections Department Mail to: Hand deliver to: y- Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2nd Floor Attn: Building Official Winchester,Virginia 22601 107 North Kent Street,2nd Floor (540)665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two(2) copies of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications,LLC Telephone: $04-241-0453(Shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a communicatlon facility co-located on the FirstEnergy transmission tower. The lower cannot be upraded to meet changes to safety codes and FmztEnergy requirements. AT&T must relocate io a suitable site in same coverage area. The proposed 135 2 monopole tower would remain m same property boundaries as a relocated facility with up to 4 carriers.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Building Official's Comments: S e) !1 k Zy► Building Official's Signature&Date: " Notice to Inspections Department-Please Return This Form to the Applicant RECEIVED M� Frederick County Public Works&Inspections REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal k�.. Mail to:, Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept, 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540)665-6350 1080 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 804-241-0453(Shewmake) Email Address: william.shewmake@wtvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a communication facility co-located on the FirstEnergy transmission tower. The tower cannot be upraded to meet changes to safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site in same coverage area. The proposed 135 ft.monopole tower would remain in some property boundaries as a relocated facility with up to 4 carriers.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Fire Marshal's Comments: Fire Marshal's Signature&Date: _ � 7--7 3 Notice to Fire Marshal-Please Return This Form to the Applicant �?ECEIV ED 10 =i Frederick County Fire and Rescue Department - Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 . fmo@fcva.us Plan Review Conditional Use Status: Approved Business Name 1-81 Mini Storage LLC 127 Mercedes Ct#1 Winchester,Virginia 22603 Applicant: Printed Date: 06/07/2023 Diamond Communications, LLC General Information Received Date: 06/02/2023 Occupancy Type: Storage Review Begin Date: 06/07/2023 Property Use: Self-storage unit Review End Date: 06/07/2023 Activity Number: 1061126 Hours: 1.0000 Review Cause: Application �Activity Details Project Name Commercial Telecommunication Facility Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Frederick County Department of Public Works Department of Public Works 107 North Kent Street 107 North Kent Street,2nd Floor Winchester,Virginia 22601 Winchester, Virginia 22601 Applicant:It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two(2)copies of your application form,location map and all other pertinent information. Applicant's Name: Diamond Communications,LLC Telephone: 804-241-0453(Shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a communication facility co-located on the FlrstEnergy transmission tower. The tourer cannot be upraded to meet changes to safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site in same coverage area. The proposed 135 ft.monopole tower would remain in same property boundaries as a relocated facility with up to 4 canters.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Public Works Comments: L / !/V t? 0 fid!' er no [-o f S o-7 74 f r�^e 1 Signature &Date: Notice-Please Return This Form to the Applicant IL - -- `; CEIVED 16 r� REQUEST FOR CONDITIONAL USE PERMIT COMMENTS f r # Frederick Water Mail to: Frederick Water Hand deliver to: Frederick Water Attn: Engineer Atm: Engineer P.O.Box 1877 315 Tasker Road Winchester, Virginia 22604 (540) 868-1061 Stephens City,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 804-241-0453(Shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a communication facility co-located on the FirstEnergy transmission tower. The tower cannot be upraded to meet changes to safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site in same coverage area. The proposed 135 ft.monopole tower would remain in same property boundaries as a relocated facility with up to 4 carriers.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Frederick Water Comments: 1) CROSSING OF FREDERICK EASEMENTS SHALL ADHER'1-1 TO CURRENT FREDERICK WATER REQUIREMENTS 23 2) CONTRACTOR SHALL COORDINATE CROSSINGS WITH t� FREDERICK WATER INSPECTOR Sanitation Authority Signature&Date: 6/12/23 f Notice to Frederick Water-Please Return This Form to the Applicant 12 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Mail to: Hand deliver to: J' Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn:Executive Director 491 Airport Road 491 Airport Road Winchester,Virginia 22602 (Rt. 645,off of Rt. 522 South) (540)662-2422 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also,please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 804-241-0453(Shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commardal telecommunication facility. AT&T currently operates a cornmunication fadllty co-localed an the FlrstEnergy transmission tower. The tower cannot be upraded to meet changes to safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site in same coverage area. The proposed 135 R.monopole tower would remain In same property boundaries as a relocated facility with up to 4 carriers.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. Winchester Regional Airport Comments: " Winchester Regional Airport- Signature&D e: f L7 L3 Notice to Winchester Regional Airport-Please Return orm to Applicant 15 TER 5� 0 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 i v \EST,1987� (540) 662-5786 SRT AUSN� VIA EMAIL ONLY June 29, 2023 Diamond Communications, LLC Thomas Waniewski 820 Morris Turnpike,Suite 104 Short Hills NJ 07078 Re: Conditional Use Permit 127 Mercedes Court Winchester,VA 22602 Stonewall Magisterial District Dear Mr. Waniewski, On behalf of the Winchester Regional Airport Authority(WRAA), please accept the following comments regarding the referenced Conditional Use Permit application. 1. The proposed development should have an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA)study performed for temporary crane use during construction. 2. If any material conditions change that affect the maximum height of the structure (e.g., site location/elevation, additional appurtenances, etc.) or proposed antenna frequencies, please coordinate with airport management. If you have any questions or need additional information, please contact my office at(540)662-5786. Sincerely, Nick Sabo,AAE Executive Director kkJ REQUEST FOR CONDITIONAL USE PERMIT COMMENTS City of Winchester Mail to: Hand deliver to: Winchester City Planning Department Winchester City Planning Department Attn: Planning Director Attn: Planning Director 15 North Cameron Street Rouss City Hall Winchester,Virginia 22601 15 North Cameron Street (540)667-1815 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach one (1) copy of your application form, location map and all other pertinent information. Applicant's Name: Diamond Communications, LLC Telephone: 804-241-0453(shewmake) Email Address: william.shewmake@wrvblaw.com(William Shewmake,agent) Name of development and/or description of the request: Commercial telecommunication facility. AT&T currently operates a communication facility co-located on the FirstEnergy transmission tower. The tower cannot be upraded to meet changes to safety codes and FirstEnergy requirements. AT&T must relocate to a suitable site in same coverage area. The proposed 135 ft.monopole tower would remain in same properly boundaries as a relocated facility with up to 4 carriers.Fenced compound is 0.0574 acres. Location of Property: 127 Mercedes Court Winchester,VA. City of Winchester Comments: City of Winchester- Signature& Date: — Notice to City of Winchestelease is Wormo A plicant 14 Diamond Communications, LLC 127 Mercedes Court Conditional Use Permit Narrative: July 3,2023 Overview Diamond Communications, LLC (the "Applicant") proposes to construct and operate a 135-foot monopole communications tower with a five foot antenna on a 3.57 acre parcel located at 127 Mercedes Court ("Property"). The Property is owned by I-81 Mini Storage LLC and is occupied by a self-storage facility. AT&T currently operates a communications facility co-located on the FirstEnergy (Potomac Edison) transmission tower at 127 Mercedes Court. As a result of changes to the National Electrical Safety Codes and FirstEnergy's requirements, the tower cannot be upgraded to meet current codes and requirements. In seeking to improve area coverage, AT&T is unable to make upgrades to their equipment at this and other transmission tower locations and must relocate to other suitable sites within the same coverage areas. One such location has been identified on the same self-storage facility grounds for the construction of a freestanding communications tower. AT&T is licensed by the Federal Communications Commission (FCC) to provide wireless communications services throughout Frederick County ("County"). As such, the tower remains within the same property boundaries and is simply being relocated on the property. The proposed tower would continue to provide substantially the same coverage that currently exists because it is on the same property. The Applicant is proposing to locate the tower and associated ground equipment within a 25' x 100' fenced compound at the southern edge of the self-storage facility grounds. The Ordinance requires a setback from property lines of one (1) foot for every foot the tower is over 35 feet in height plus the required yard setbacks for the zoning district. While these setbacks will be met from the northern and western property lines, the tower will be located approximately 106 feet (reduced from the required 150 feet)from the eastern property boundary,adjacent to I-81. The tower will located 18.5 feet(reduced from the required 115 feet)from the southern property boundary. An exception to the required eastern and southern setbacks is requested. As required by the ordinance, certification has been included with this application which demonstrates a fall radius equal to or less than 18 feet. The base of the tower and associated supporting equipment will be concealed behind a solid wood fence. Access into the gated tower compound will be from the north internal to the self-storage drive area. The proposed tower will have an overall structure height of 140 feet comprised of a 135 foot tower with a 5 foot lightning rod. The tower will be designed as a monopole, gray in color to match the backdrop of the sky, and it will accommodate at least four (4) users (AT&T and three (3) others). The facility will be unmanned and will be visited approximately once a month by technicians.Access to the tower will be from an existing driveway off Mercedes Court. The facility will not be lit,will not emit any odor, fumes or glare. The equipment on the ground will not produce noises any louder than normal residential HVAC equipment. Therefore,the impact on surrounding properties resulting from this passive use will be minimal. Compatibility with the Comprehensive Plan The Comprehensive Plan addresses the need for efficient distribution of wireless infrastructure to serve the community. The Plan supports a high-quality telecommunications network with protections for visual, historic and natural resources. As such, when a new tower is necessary, efforts must be taken to minimize the visual profile of the structures and to maximize public safety, while providing for colocation opportunities to reduce the number of future towers. Alternative Sites AT&T issued a 0.10 mile search ring from the FirstEnergy tower to maintain the existing coverage from this current location. No existing towers, nor other objects of 135 feet in height were identified in this search area nor a reasonable distance outside the search ring other than FirstEnergy transmission towers which are unable to support the necessary upgrades. The attached "Alternative Candidate Analysis"report identifies this search area and the facilities evaluated. Tower Location and Desi .n The proposed tower design and location are consistent with the goals and strategies of the Comprehensive Plan in minimizing visual impacts on area development while maximizing cellular coverage. The proposed tower height of 135 feet is necessary to maintain the coverage offered by the existing array while maximizing co-location opportunities by accommodating four (4) carriers, thereby reducing the need for additional facilities. The tower's monopole design minimizes its visual impacts, effectively blending with the surrounding business community. Situated at I-81 and Martinsburg Pike, this commercial park is surrounded by industrial activity and is well-distanced from residential development. The tower is consistent with existing and anticipated land use patterns. It will not be lighted, and will be no taller than the height of the existing electric transmission tower array. Zoning Ordinance Requirements The property is zoned B-3. Communication towers are permitted in the B-3 District with the approval of a Conditional Use Permit. Section 165-204.19 of the Zoning Ordinance regulates freestanding communication towers. The ordinance provides direction for tower siting so as not to negatively impact adjoining properties. The ordinance requires that the compound be securely fenced and screened from public view. The 25 foot by 100 foot compound around the tower with be enclosed within an 8 foot gated privacy security fence. The gated access will be located on the northern side opening internal to the self- storage facility. The existing driveway to the storage business will serve the facility. The tower and associated compound comply with standards to minimize the visual impact on the surrounding uses to include a monopole design, gray color, absence of tower lighting and signage, and fencing. Use of an onsite generator for emergency purposes would only be needed during power outages. The selected generator produces decibel levels of 65 to 70 dBA at 23 feet from the source, which would be less than the ambient highway noise. The ordinance notes that the Board may reduce the required setback distance for a tower facility if its location has no greater impact, and certification verifies the design and construction of tower upon any collapse would be contained within a radius no less than the tower setback. The tower compound will be located in the southern edge of the self-storage facility grounds. The tower compound will be positioned no closer than 227 feet from Mercedes Court to the west and a minimum of 394 feet from the northern parcel boundary, both of these distances exceeding the 135- foot tower height. The tower will be located a minimum of 106 feet from the eastern property boundary adjacent to I-81, and a minimum of 18.5 feet to vacant property zoned B-2 to the south. As required by the ordinance, certification has been included with this application which demonstrates a fall radius equal to or less than 18 feet in compliance with fall zones from property lines. This fall zone is shown on the attached site plan set along with a chart noting the required and provided property line setbacks. Certification is also included with this application demonstrating that the tower meets limitations on the nonionizing electromagnetic radiation(VIER) emissions. A detailed site plan set has been included with this application that identifies the tower location, elevation, compound enclosure treatment and facility access. No sufficient space on suitable existing towers, buildings or structures has been identified to maintain the existing coverage for AT&T. The attached "Alternative Candidate Analysis" report identifies the search areas used and the facilities evaluated within a 0.10 mile radius of the site, concluding that a new facility is warranted. Diamond Communications Site: 1-81 Self Storage Alternative Candidate Anal sis Diamond Communications ("Diamond") submits this document to address alternative candidates it considered during its site selection process on behalf of AT&T Wireless ("AT&T"). AT&T is currently installed at 130' on the FirstEnergy (Potomac Edison) transmission tower on the the 1-81 Self Storage facility. Due to changes to the National Electrical Safety Codes (which governs transmission towers) and FirstEnergy's own requirements, the transmission tower cannot be upgraded to meet the current codes/requirements, which means AT&T cannot upgrade their site with new or larger equipment. This applies to all transmission towers in the area. AT&T is seeking to upgrade its equipment and improve coverage in the area, but for the reasons above, requires a new installation that is not attached to the FirstEnergy lines. AT&T issued a 0.10 mile search ring for a new 135' proposed tower with the objective of providing the same coverage so there is no gap in service near the very busy 1-81 and Route 11 highways in Winchester. Existing Structures in the Search Ring The search ring was designed around the existing FirstEnergy tower to provide substantially the same coverage that exists currently. The search ring was issued by AT&T for a new 135' tower within a 0.10 mile radius of the FirstEnergy tower. Diamond was able to confirm that there were no other existing towers, nor other objects of 135' in height within the specified search area, nor within a reasonable distance outside the search ring other than the other FirstEnergy transmission towers which are unable to support the upgraded installation. The existing Tru Hotel by Hilton on the southwest side of the search ring is only 4 stories high with a maximum rooftop height in the 55-60' range which is too low for AT&T. r s s r Existing Structures outside of the Search Ring Diamond Towers then located the nearest existing tower locations as shown on the attached map in a one (1) mile radius from the proposed tower location: 41 +_ 11 1 It s This map illustrates a one (1) mile radius from the proposed tower in orange, and as shown on the map, there is one (1) existing tower within that radius: CWFE74K'BTi61CMMS r 1916E RAMA FOR 1 RSM.3 MIP POR Bina 5 ME POOR 4VPAd. Com 6 Structure gowrwr. T,�. ower RT etl fbi-n Grclvre an Tower Coorde Wal[md,IXr FlnIEnv VA002 M.—dee C1 Tnnmte:ion TBO 1-AT&T. _ 39.219146,-78.139081 0.1 NE TW - Sd TBO 1-TdloWly 39.216778,-78.140631 0.13 SW AT&T SST 120 1-V.rIm. 39.224083..78.125893 0.82 NE 3-Vvri_NSprinr,T- 9blwpvN 1511 mobib 39.19411.-78.135025 1.53 8 • The site described as FirstEnergy VA009 is the site that is being relocated. • T-Mobile is located on an Exxon sign 0.13 mi Southwest, however that height is less than 100'. • AT&T is currently located on the nearest tower 0.82 mi to the Northeast. • There is an existing 150' monopole 1.63 mi South, however that is too far for AT&T's use and will not fill the gap created by the loss of the FirstEnergy tower. Raw Land Properties Considered Diamond attempted to find any available location to lease, primarily in the industrial areas of the search ring, however Diamond was unable to lease any other property. Diamond also considered other commercial sites including the shopping center to the East, but was also unable to lease those locations. Conclusion In conclusion, there are no existing towers or structures that can accommodate the applicant's proposed antenna. This document certifies that: • The existing FirstEnergy transmission tower cannot accommodate AT&T's needed upgrades, requiring a new structure of 135' in height. • No existing towers or structures of near 135' in height are located within the geographic search ring area or within a reasonable distance outside of it. • The nearest existing tower or structure is 0.82 miles away, however AT&T is an existing tenant on that tower. Diamond Towers has leased property from a willing landlord whose property will be developed in accordance with County regulations. I certify that the forgoing is true and correct: • Thomas Waniewski Diamond Communications SVP—Site Acquisition SiteSafe 8618 Westwood Center Drive,Suite 315.Vienna,VA 22182 703.276.1100 9 703.276.1 169 fax infossitesafe.com•www.sitesafe.com A EK Company Diamond Towers V LLC on behalf of AT&T Mobility, LLC Site FA - VA031 Site ID - VA031 Site Name - 1-81 MINI STORAGE Pre-install New Build (E-911 TBD) Stonewall Magisterial District Winchester, VA 22603 Latitude: N39-13-06.58 Longitude:W78 8-21.69 Structure Type: Mon- ole Report generated date:September 21 2022 Report by: Ria McKenzie Customer Coritac :Sarah Schaaf AT&T Mobility, LLC will be compliant when the remediation recommended in Section 5.2 or other appropriate remediation is implemented. Sitesafe logo is a registered trademark of Site Safe,LLC.Al;rights reserved. �O L� D U WMLIAf LIe. PANEK No. 0402Q3473 Alar Moprlelmy(Irkemol use orgy}Nal r«use«disclosure..side Xre AT&T companies,eneepf ander-riff-agreement.62019 AT&T Infadeci—I prepedy.All rights reserrad. Table of Contents 1 GENERAL SITE SUMMARY........................................................................................3 1 .1 REPORT SUMMARY.......................................................................................................3 1.2 FALL ARREST ANCHOR POINT SUMMARY ........................................................................3 1.3 SIGNAGE SUMMARY.....................................................................................................4 2 SCALE MAPS OF SITE...............................................................................................5 3 ANTENNA INVENTORY............................................................................................7 4 EMISSION PREDICTIONS .........................................................................................9 5 SITE COMPLIANCE ................................................................................................ 12 5.1 SITE COMPLIANCE STATEMENT................................................................................ 12 5.2 ACTIONS FOR SITE COMPLIANCE............................................................................ 12 6 ENGINEER CERTIFICATION.................................................................................... 13 APPENDIX A-STATEMENT OF LIMITING CONDITIONS .............................................. 14 APPENDIX B - REGULATORY BACKGROUND INFORMATION .................................... 15 AT&T MOBILITY, LLC POLICIES.......................................................................................... 15 OSHASTATEMENT........................................................................................................... 16 APPENDIX C -SAFETY PLAN AND PROCEDURES........................................................ 17 APPENDIX D - RF EMISSIONS....................................................................................... 18 APPENDIX E -ASSUMPTIONS AND DEFINITIONS........................................................ 19 GENERAL MODEL ASSUMPTIONS ....................................................................................... 19 APPENDIX F - DEFINITIONS..........................................................................................20 APPENDIX G - REFERENCES.........................................................................................22 AT&T Proprietary(Internal use only).Not lar use or disclosure outside the AT&T companies,except under written agreement.®2019 AT&T Intellectual property.All rights reserved. Page 2 �� Safe I General Site Summary 1.1 Report Summary AT&T Mobility, LLC Summa Max Cumulative Simulated RFE Level on the <5% General Public Limit 1 1' in front of AT&T Mobility, Ground LLC's Gamma Sector Antenna 9 Max Cumulative Simulated RFE Level on the <I% General Public Limit Ground Compliant per AT&T Mobility, LLC's Policy? No 1.2 Fall Arrest Anchor Point Summary Fall Arrest Parapet Available Parapet Height Fall Arrest Anchor Anchor& (Y/N) (inches) Available (Y/N) Parapet Info Roof Safety Info N N/A N The following documents were provided by the client and were utilized to create this report: RFDS: ALLEGHENY-WELLTOWN-ROAD_2023-LTE-Next-Carrier_LTE-7C_oo6650_2251A13S3N_l... CD's: 1-81 Mini Storage_ZD_RI.A RF Powers Used: Max RRH Market Approved Powers AT&T Mobility, LLC Duty Cycle: MPE Calculations are modeled with "75% Downlink Duty Cycle" for LTE and 5G.The power shown in the report for the 3700 MHz (C-band) /3450 MHz (DOD band) antennas is the calculated power for "75% Downlink Duty Cycle and Power Reduction Factor of 0.32" AT&T Proprietary(IMernal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.02019 AT&T Intellectual property.All rights reserved. Page 3 j� SitfEaSafe 1.3 Signage Summary a. Pre-Sfie Visit AT&T Signage(Existing Signage) Signage .— locations Infamatlon 1 edam lion 2 7e .RallC 2Caution Caution 2 Warn) W 2 llanl— Access Point(s) Alpha Beta Gamma Della Epsilon Zeta Status Existing N/A Existing N;A Ezisling N/A Foisting N/A Existing N/A Existing N/A AE..n. 111. Existing k/A Existing .N/A b. Proposed AT&T Signage rAT&:T [ $ i Information 1 Information 2 Notice Nonce 2 Caution Caution 2 Warning Waning 2 Bards Access Points 1 Alpha i— Beta Gamma Delta Epsilon Zeta Status N/A Remove N/A Remove N/A Remove Install Remove N/A Remove Install Remove tl/A Remove Install Remove Install Remove Note:The Caution sign proposed at the ACCESS is a Caution 213 sign. c. Final Compliance Configuration Signage Summary(Requited) AT&Ts Signage Locations Information 1 Information 2 Notice Notice 2 Caution Caution 2 Warring Waning 2 Banters Access Poin s 1 Alpha Beta Gamma �Defia Epsilon Zeta Status N/A N/A N/A N/A N/A N/A Existing Proposed N/A N/A Existing Proposed N/A N/A Ddsting Proposed Existing Proposed Note:The Caution sign required at the ACCESS is a Caution 2B sign. Note:The table above represents EVERY compliance item that MUST be implemented at this location. Page 4 {S?� SitaSafe 147 2 Scale Maps of Site The following diagrams are included: • Site Scale Map • RF Exposure Diagram-Composite View • RF Exposure Diagram-Elevation View AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.02019 AT&T Intellectual property.All rights reserved. Page 5 Site Scale Map For: 1-81 MINI STORAGE T— I - — — 12m 8m 4m Om 4m 8m 12m 16m 16m GROUND LEVEL=0' -12m ADJACENT - X11, 7 -8m -4m -Om ACCESS , FENCE=8' 1A -4m 2A _ T3A -8m ! lip , .W I 'r •� '\ \\ �} AT&T EQ PLATFORM CIA ` ✓ _ I -12m --- 8A_ —. — \_m 4A 7A 6�5A MONOPOLE=135' -16m Sign Legend ■ ■ ■ ■ M ■ ■ ((V ■ Notice Notice Caution Warning WarrIng2 Ins ructions Info Info Caution RFDagarnm Barney Signage Legend ■ ( , ■ ■ O No-sign Notice Caution Warning Notice Caution We nt IXU5 Version 4.3(6( Existing Barrier Proposed . . _ Remove __ __ _ A/y Barrier/Sign Barrier/Sign (L�L�) SiteSafe 3 Antenna Inventory The following antenna inventory was obtained by the customer and was utilized to create the site model diagrams: Antenna Make& TX FreqAz Hor BIN Ant Power Power Power TX Total ERP Ant Gain AGL(B) Ant ID, Operator Model Type (MHz) Technology (Deg) (Deg) Len(fl) (Total) Type Unit Count (Watt) (dBd) Z(B) (BoHom) AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 722 LTE 30 71 4.59 50 TPO Watt 1 499.5 11.25 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 737 LTE 30 71 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 763 LTE 30 71 1 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 1900 LTE 30 60 4.59 80 TPO Watt 1 2153.25 15.55 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 1900 5G 30 60 4.59 80 TPO Watt 1 2153.25 15.55 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 2100 LTE/AWS-1 30 62 4.59 40 TPO Watt 1 1101.75 15.65 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 2100 LTE/AWS-3 30 62 4.59 40 TPO Watt 1 1101.75 15.65 125.7 125.705 AT&T CommScope NNHH- lA (Proposed) 65A-R4 Panel 2100 5G 30 62 4.59 80 TPO Watt 1 2203.5 15.65 125.7 125.705 AT&T 2A (Proposed) Nokia AEQK Panel 3700 5G/CBand 30 90 2.46 67.84 TPO Watt 1 12778 22.75 126.77 126.77 AT&T CommScope NNHH- 3A (Proposed) 65A-R4 Panel 850 SG 30 63 4.59 160 TPO Watt 1 1794.75 11.75 125.7 125.705 AT&T CommScope NNHH- 3A (Proposed) 65A-R4 Panel 2300 LTE 30 60 4.59 100 TPO Watt 1 3090 16.15 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 722 LTE 110 71 4.59 50 TPO Watt 1 499.5 11.25 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 737 LTE 110 71 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 763 LTE 110 71 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 1900 LTE 110 60 4.59 80 TPO Watt 1 2153.25 15.55 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 1900 5G 110 60 4.59 80 TPO Watt 1 2153-25 15.55 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 2100 LTE/AWS-1 110 62 4.59 40 TPO Watt 1 1101.75 15.65 1 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 2100 LTE/AWS-3 110 62 4.59 40 TPO Watt 1 1101.75 15.65 125.7 125.705 AT&T CommScope NNHH- 4A (Proposed) 65A-R4 Panel 2100 5G 110 62 4.59 80 TPO WattElF22O3.5 15.65 125.7 125.705 AT&T 5A (Proposed) Nokia AEQK Panel 3700 5G/CBand I 110 1 90 2.46 ( 67.84 TPO Watt22.75 126.77 126.77 AT&T PWddary(Infernal uu dy).Nd fa uu ndircbaure auldde fhe AT&T..m iea,-c funder rd0en agreement=01yAT&T IMdiedud properly.All dgm.reaanad. Page 7 A3� Sitesafe Antenna Make& TX freq Az Hor BW Ant Power Power Power TX Total ERP Ant Gain AGL(ft) Ant ID Operator Model Type (MHz) Technology (Deg) (Deg) len(ft) (Total) Type Unit Count (Wait) (dBd) Z(tt) (Bottom) AT&T CommScope NNHH- 6A (Proposed) 65A-R4 Panel 850 5G 110 63 4.59 160 TPO Watt 1 1794.75 11.75 125.7 125.705 AT&T CommScope NNHH- 6A (Proposed) 65A-R4 Panel 2300 LTE 110 60 4.59 100 TPO Watt 1 3090 16.15 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 722 LTE 240 71 4.59 50 TPO Watt 1 499.5 11.25 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 737 LTE 240 71 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 763 LTE 240 71 4.59 160 TPO Watt 1 1599.75 11.25 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 1900 LTE 240 60 4.59 80 TPO Watt 1 2153.25 15.55 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 1900 5G 240 60 4.59 80 TPO Watt 1 2153.25 15.55 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 2100 LTE/AWS-1 240 62 4.59 40 TPO Watt 1 1101.75 15.65 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed) 65A-R4 Panel 2100 LTE/AWS-3 240 62 4.59 40 TPO Watt 1 1101.75 15.65 125.7 125.705 AT&T CommScope NNHH- 7A (Proposed( 65A-R4 Panel 2100 5G 240 62 4.59 80 TPO Watt 1 2203.5 15.65 125.7 125.705 AT&T 8A (Proposed) Nokia AEQK Panel 3700 5G/CBand 240 90 2.46 67.84 TPO Watt 1 12778 22.75 126.77 126.77 AT&T CommScope NNHH- 9A (Proposed) 65A-R4 Panel 850 5G 240 63 4.59 160 TPO Watt 1 1794.75 11.75 125.7 125.705 AT&T CommScope NNHH- 9A (Proposed) 65A-R4 Panel 2300 LTE 240 60 4.59 100 TPO Watt 1 3090 16.15 125.7 125.705 Note:The Z reference indicates the bottom of the antenna height above the ground level(AGL). Effective Radiated Power(ERP)is provided by the operator or based on Sitesafe experience.The values used in the modeling may be greater than are currently deployed.Other operator's equipment,antenna models and powers used for modeling are based on obtained information or Sitesafe experience. AT&T Propddary(IMaeld ane oNy).NW la,ue adlaclowre wAdde the Al&i cwnpanie;except oder wriNen agrevneM.01019 AT&T IMdleduel pmpedy.Allagm-nred. Page 8 Safe 4 Emission Predictions In the RF Exposure Simulations below all heights are reflected with respect to main site level. In most rooftop cases this is the height of the main rooftop and in other cases this can be ground level. Each different height area, rooftop, or platform level is labeled with its height relative to the main site level. Emissions are calculated appropriately based on the relative height and location of that area to all antennas.The total analyzed elevations in the below RF Exposure Simulations are listed below. • GROUND LEVEL=0' • MONOPOLE = 135' AGL • ADJACENT BUILDINGS =8, 9.5' AGL The Antenna Inventory heights are referenced to the same level. AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except underwritten agreement.02019 AT&T Intellectual property.All rights reserved. Page 9 RF Exposure Simulation For: 1-81 MINI STORAGE Composite View 12m 8m 4m Om 4m 8m 12m 16m GROUND LEVEL=0' -16m -12m ADJACENT BUILDING=8' ADJACENT BUILDING=8' -8m -4m -Om ACCESS FENCE=8' 1A -4m 2A _ 3A T �^N -8m AT&T EQ PLATFORM 4A 9A =� -12m 8A--/ 6A- 7A MONOPOLE=135' -16m %of FCC Public Exposure limit 0-5 5-100 100-500 500-5000 5000+ a Sign Legend 0 71 E ■ (40 a Notice Notice Caution Warning Warning InstSructafetyions Info Info Caution "Emissions piylram Barriers!...Be legend No-sign Notice Caution Warning Notice Caution '&a ng IXUS Version 4.3(6) Existing Barrier Proposed Remove _ /x Barrier/Sign Bartter/Sign RF Exposure Simulation For: 1-81 MINI STORAGE Elevation View 33m 22m 11m Om 11m 22m 33m m im 9A 1A 8A 2A fm 3A 7A 39.01 �m 4A MONOPOLE=135' 5A 6A ;m FENCE=8' ACCESS AT&T EQ PLATFORM ADJACENT BUILDING=9.S' `` ADJACENT BUILDING=8' 1 rn GROUND LEVEL=0' 1m %of FCC Public Exposure Dmlt 0-100 100-500 500-5000+ Sign Legend Notice Notice 2 Caution Warning Warning 2 Safety Info Info 2 Caution 2 RF Emis;ipna Instructions Diagram Barrier Signage Legend ti O NosignNotice Caution Warning Notice Caution Warning IxUS Version 4.3(6) Existing Barrier Proposed Remove /x Barrier/Sign Barrier/Sign L..� Safe 5 Site Compliance 5.1 Site Compliance Statement Upon evaluation of the cumulative RF emission levels from all operators at this site, RF hazard signage and antenna locations, Sitesafe has determined that: AT&T Mobility, LLC will be compliant when the remediation recommended in Section 5.2 or other appropriate remediation is implemented. The compliance determination is based on General Public RFE levels derived from theoretical modeling, RF signage placement, and the level of restricted access to the antennas at the site. Modeling is used for determining compliance and the percentage of MPE contribution. 5.2 Actions for Site Compliance Based on FCC regulations, common industry practice, and our understanding of AT&T Mobility, LLC RF Safety Policy requirements, this section provides a statement of recommendations for site compliance. Recommendations have been proposed based on our understanding of existing access restrictions,signage, and an analysis of predicted RFE levels. AT&T Mobility, LLC will be made compliant if the following changes are implemented: Site Access Location (1)Caution 2B sign(s) required at the base of the monopole. Notes: • Any existing signage that conflicts with the proposed signage in this report should be removed per AT&T Signage Posting Rules. • Data concerning all other carriers on site was unavailable and therefore not included in this report. • Signage may already be in place.Sitesafe does not have record of any existing signage because there were no previous visits or data supplied regarding them.All remediation is based on a worst-case scenario. AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except underwritten agreement.®2019 AT&T Intellectual property.All rights reserved. Page 12 S Safe 6 Engineer Certification The professional engineer whose seal appears on the cover of this document hereby certifies and affirms: That I am registered as a Professional Engineer in the jurisdiction indicated in the professional engineering stamp on the cover of this document; and That I am an employee of QualTek Wireless, LLC, sister company to Site Safe, LLC (both under the parent company QualTek), in Vienna, Virginia, at which place the staff provides RF compliance services to clients in the wireless communications industry; and That I am thoroughly familiar with the Rules and Regulations of the Federal Communications Commission (FCC) as well as the regulations of the Occupational Safety and Health Administration (OSHA), both in general and specifically as they apply to the FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields; and That I have thoroughly reviewed this Site Compliance Report and believe it to be true and accurate to the best of my knowledge as assembled by and attested to by Ria McKenzie. September 21,2022 AT&T Proprietary(Infernal use only].Not for use or disclosure outside the AT&T companies,except under written agreement.04019 AT&T Intellectual property.All rights reserved. Page 13 Safe A rk-.a7�;.—Cc..,,cxni, Appendix A-Statement of Limiting Conditions Sitesafe has provided computer generated model(s) in this Site Compliance Report to show approximate dimensions of the site, and the model is included to assist the reader of the compliance report to visualize the site area, and to provide supporting documentation for Sitesafe's recommendations. Sitesafe may note in the Site Compliance Report any adverse physical conditions,such as needed repairs, that Sitesafe became aware of during the normal research involved in creating this report.Sitesafe will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because Sitesafe is not an expert in the field of mechanical engineering or building maintenance, the Site Compliance Report must not be considered a structural or physical engineering report. Sitesafe obtained information used in this Site Compliance Report from sources that Sitesafe considers reliable and believes them to be true and correct.Sitesafe does not assume any responsibility for the accuracy of such items that were furnished by other parties. When conflicts in information occur between data collected by Sitesafe provided by a second party and data collected by Sitesafe, the data will be used. AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.02019 AT&T Intellectual property.All rights reserved. Page 14 Vlas 1CI ^S� afe 4 LT.. OmOJny Appendix B - Regulatory Background Information AT&T Mobility, LLC policies In 1996, the Federal Communications Commission (FCC) adopted regulations for the evaluating of the effects of RF emissions in 47 CFR § 1.1307 and 1.1310. The guideline from the FCC Office of Engineering and Technology is Bulletin 65 ("OET Bulletin 65"), Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, Edition 97-01, published August 1997. Since 1996 the FCC periodically reviews these rules and regulations as per their congressional mandate. FCC regulations define two separate tiers of exposure limits: Occupational or"Controlled environment" and General Public or "Uncontrolled environment". The General Public limits are generally five times more conservative or restrictive than the Occupational limit. These limits apply to accessible areas where workers or the general public may be exposed to Radio Frequency (RF) electromagnetic fields. Occupational or Controlled limits apply in situations in which persons are exposed as a consequence of their employment and where those persons exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. An area is considered a Controlled environment when access is limited to these aware personnel.Typical criteria are restricted access (i.e. locked or alarmed doors, barriers, etc.) to the areas where antennas are located coupled with proper RF warning signage. A site with Controlled environments is evaluated with Occupational limits. All other areas are considered Uncontrolled environments. If a site has no access controls or no RF warning signage it is evaluated with General Public limits. The theoretical modeling of the RF electromagnetic fields has been performed in accordance with OET Bulletin 65. The Maximum Permissible Exposure (MPE) limits utilized in this analysis are outlined in the following diagram: FCC Limits for Maximum Permissible Exposure(MPE) Plane-wave Equivalent Power Density 1000 Occupational General Public E 100 -— U a\ E 10 c � a° 0.1 0.01 0 1 10 100 1,000 10,000 Frequency(MHz) AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.®2019 AT&T Intellectual property.All rights reserved. Page 15 Limits for Occupational/Controlled Exposure(MPE) Frequency Electric Magnetic Power Averaging Time I E 12, Range Field Field Density(S) I H I2 or S(minutes) (MHz) Strength(E) Strength (mW/cm2) (V/m) (H)(Alm) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f2)* 6 30-300 61.4 0.163 1.0 6 300-1500 f/300 6 1500- 5 6 100,000 Limits for General Population/Uncontrolled Exposure(MPE) Frequency Electric Magnetic Power Averaging Time I E lz Range Field Field Density(S) I H 12 or S(minutes) (MHz) Strength(E) Strength (mW/cm2) (V/m) (H)(Alm) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f2)* 30 30-300 27.5 0.073 0.2 30 300-1500 -- -- f/1500 30 1500- -- -- 1.0 30 100,000 f=frequency in MHz *Plane-wave equivalent power density OSHA Statement The General Duty clause of the OSHA Act (Section 5) outlines the occupational safety and health responsibilities of the employer and employee.The General Duty clause in Section 5 states: (a) Each employer- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. OSHA has defined Radiofrequency and Microwave Radiation safety standards for workers who may enter hazardous RF areas. Regulation Standards 29 CFR § 1910.147 identify a generic Lockout/Tagout procedure aimed to control the unexpected energization or startup of machines when maintenance or service is being performed. AT&T Prapd Lary(Internal use only).Not for use m disclosure outside the AT&T companies,except underwritten agreement.CQ019 AT&T Intellectual property.All rights reserved. Page 16 �� SiteSafe Appendix C -Safety Plan and Procedures The following items are general safety recommendations that should be administered on a site by site basis as needed by the carrier. General Maintenance Work: Any maintenance personnel required to work immediately in front of antennas and/or in areas indicated as above 100%of the Occupational MPE limits should coordinate with the wireless operators to disable transmitters during their work activities. Training and Qualification Verification: All personnel accessing areas indicated as exceeding the General Population MPE limits should have a basic understanding of EME awareness and RF Safety procedures when working around transmitting antennas. Awareness training increases a worker's understanding to potential RF exposure scenarios. Awareness can be achieved in a number of ways (e.g. videos, formal classroom lecture or internet-based courses). Physical Access Control: Access restrictions to transmitting antennas locations is the primary element in a site safety plan. Examples of access restrictions are as follows: • Locked door or gate • Alarmed door • Locked ladder access • Restrictive Barrier at antenna (e.g. Chain link with posted RF Sign) RF Signage: Everyone should obey all posted signs at all times. RF signs play an important role in properly warning a worker prior to entering into a potential RF Exposure area. Assume all antennas are active: Due to the nature of telecommunications transmissions, an antenna transmits intermittently. Always assume an antenna is transmitting. Never stop in front of an antenna. If you have to pass by an antenna, move through as quickly and safely as possible thereby reducing any exposure to a minimum. Maintain a 3 foot clearance from all antennas:There is a direct correlation between the strength of an EME field and the distance from the transmitting antenna. The further away from an antenna,the lower the corresponding EME field is. Site RF Emissions Diagram: Section 4 of this report contains an RF Diagram that outlines various theoretical Maximum Permissible Exposure (MPE) areas at the site. The modeling is a worst-case scenario assuming a duty cycle of 100%for each transmitting antenna at full power, unless otherwise noted. This analysis is based on one of two access control criteria: General Public criteria means the access to the site is uncontrolled and anyone can gain access. Occupational criteria means the access is restricted and only properly trained individuals can gain access to the antenna locations. AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.04019 AT&T Intellectual properly.All rigMs reserved. Page 17 Safe Appendix D — RF Emissions The RF Emissions Simulation(s) in this report display theoretical spatially averaged percentage of the Maximum Permissible Exposure for all systems at the site unless otherwise noted. These diagrams use modeling as prescribed in OET Bulletin 65 and assumptions detailed in Error! Not a valid link.. The key at the bottom of each RF Emissions Simulation indicates percentages displayed referenced to FCC General Public Maximum Permissible Exposure (MPE) limits. Color coding on the diagram is as follows: • Areas indicated as Gray are predicted to be below 5%of the MPE limits. Gray represents areas more than 20 times below the most conservative exposure limit. Gray areas are accessible to anyone. • Green represents areas are predicted to be between 5%and 100%of the MPE limits. Green areas are accessible to anyone. • Blue represents areas predicted to exceed the General Public MPE limits but are less than Occupational limits. Blue areas should be accessible only to RF trained workers. • Yellow represents areas predicted to exceed Occupational MPE limits. Yellow areas should be accessible only to RF trained workers able to assess current exposure levels. • Red represents areas predicted to have exposure more than 10 times the Occupational MPE limits. Red indicates that the RF levels must be reduced prior to access. An RF Safety Plan is required which outlines how to reduce the RF energy in these areas prior to access. If trained occupational personnel require access to areas that are delineated as above 100%of the limit,Sitesafe recommends that they utilize the proper personal protection equipment (RF monitors), coordinate with the carriers to reduce or shutdown power, or make real-time power density measurements with the appropriate power density meter to determine real-time MPE levels.This will allow the personnel to ensure that their work area is within exposure limits. AT&T Proprielory(Infernal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.®2019 AT&T Intellectual property.All rights reserved. Page 18 '�� Sitesafe Appendix E -Assumptions and Definitions General Model Assumptions In this site compliance report, it is assumed that all antennas are operating at full power at all times. Software modeling was performed for all transmitting antennas located on the site.Sitesafe has assumed a 100%duty cycle or another duty cycle as noted in this report. The modeling is based on recommendations from the FCC's OET-65 bulletin with the following variances per AT&T guidance. Reflection has not been considered in the modeling, i.e. the reflection factor is 1.0. The near/for field boundary has been set to 1.5 times the aperture height of the antenna and modeling beyond that point is the lesser of the near field cylindrical model and the far field model taking into account the gain of the antenna. The site has been modeled with these assumptions to show the maximum RF energy density. Areas modeled with exposure greater than 100%of the General Public MPE level may not actually occur but are shown as a prediction that could be realized. Sitesafe believes these areas to be safe for entry by occupationally trained personnel utilizing appropriate personal protective equipment (in most cases, a personal monitor). AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.02019 AT&T Intellectual property.All rights reserved. Page 19 L`�, Appendix F - Definitions 5% Rule-The rules adopted by the FCC specify that, in general, at multiple transmitter sites actions necessary to bring the area into compliance with the guidelines are the shared responsibility of all licensees whose transmitters produce field strengths or power density levels at the area in question in excess of 5%of the exposure limits. In other words, any wireless operator that contributes 5%or greater of the MPE limit in an area that is identified to be greater than 100%of the MPE limit is responsible for taking corrective actions to bring the site into compliance. Compliance-The determination of whether a site complies with FCC standards with regards to Human Exposure to Radio Frequency Electromagnetic Fields from transmitting antennas. Decibel(dB) -A unit for measuring power or strength of a signal. Duty Cycle-The percent of pulse duration to the pulse period of a periodic pulse train. Also, may be a measure of the temporal transmission characteristic of an intermittently transmitting RF source such as a paging antenna by dividing average transmission duration by the average period for transmission. A duty cycle of 100%corresponds to continuous operation. Effective (or Equivalent) Isotropic Radiated Power(EIRP) -The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Effective Radiated Power(ERP) -The product of the power supplied to the antenna and the antenna gain in a given direction relative to a half-wave dipole antenna. Gain (of an antenna) -The ratio of the maximum power in a given direction to the maximum power in the some direction from an isotropic radiator. Gain is a measure of the relative efficiency of a directional antenna as compared to an omnidirectional antenna. General Population/Uncontrolled Environment-Defined by the FCC as an area where RF exposure may occur to persons who are unaware of the potential for exposure and who have no control over their exposure. General Population is also referenced as General Public. Generic Antenna-For the purposes of this report, the use of "Generic' as an antenna model means the antenna information was not provided and could not be obtained while on site. In the event of unknown information,Sitesafe will use its industry specific knowledge of antenna models to select a worst-case scenario antenna to model the site. Isotropic Antenna-An antenna that is completely non-directional. In other words, an antenna that radiates energy equally in all directions. Maximum Measurement-This measurement represents the single largest measurement recorded when performing a spatial average measurement. Maximum Permissible Exposure (MPE) -The rms and peak electric and magnetic field strength, their squares, or the plane-wave equivalent power densities associated with these fields to which a person may be exposed without harmful effect and with acceptable safety factor. Occupational/Controlled Environment-Defined by the FCC as an area where RF exposure may occur to persons who are aware of the potential for exposure as a condition of employment or specific activity and can exercise control over their exposure. AT&T Proprietary(Internal use only).Not for use or disclosure outside the AT&T companies,except under written agreement.02019 AT&T Intellectual properly.All rights reserved. Page 20 �� SitaSafe OET Bulletin 65-Technical guideline developed by the FCC's Office of Engineering and Technology to determine the impact of RF exposure on humans.The guideline was published in August 1997. OSHA (Occupational Safety and Health Administration) -Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.-gov. Radio Frequency Exposure or Electromagnetic Fields-Electromagnetic waves that are propagated from antennas through space. Spatial Average Measurement-A technique used to average a minimum of ten (10) measurements taken in a ten (10) second interval from zero (0) to six (6) feet. This measurement is intended to model the average energy a 6-foot tall human body will absorb while present in an electromagnetic field of energy. Transmitter Power Output(TPO) -The radio frequency output power of a transmitter's final radio frequency stage as measured at the output terminal while connected to a load. AT&T Proprietary(Internal use only).Not For use or disclosure outside the AT&T companies,except underwritten agreement.02019 AT&T Intellectual prop".All rights reserved. Page 21 SiteSafca Appendix G - References The following references can be followed for further information about RF Health and Safety. Site Safe, LLC http.:/Ywww.sitesafe.com FCC Radio Frequency Safety htt www.fcc. ov/encycloc)edialradio-freauency-safety National Council on Radiation Protection and Measurements (NCRP) http:l/www.ncroonline.or_a Institute of Electrical and Electronics Engineers, Inc., (IEEE) http://www.ieee.or.q American National Standards Institute (ANSI) http://www.ansi.org Environmental Protection Agency (EPA) httppJ/www.epa.goylradtown/wireless-fech.html National Institutes of Health (NIH) http://www.niehs.nih.govZhealth/topics/agentslemf/ Occupational Safety and Health Agency (OSHA) http://www.osha.gov/SLTC/radiofrecLuengyradiation radiation/ International Commission on Non-Ionizing Radiation Protection (ICNIRP) hftp://www.icnirp.org World Health Organization (WHO) http:Ilwww.whoJntLpeh-emf/enl National Cancer Institute http:/Ywww.cancer._aov/cancertopicslfactsheet/Risk/cel[phones American Cancer Society (ACS) http://www.cancer.ora/docroot/PED/content/PED 1 3X Cellular Phone Towers.asp?sitearea= PED European Commission Scientific Committee on Emerging and Newly Identified Health Risks htt : ec.euro a.eu health h risk committees 04 scenihr docs scenihr o 022. df Fairfax County, Virginia Public School Survey hffo://www.fcr)s.edu/fts/safety-security/RFEESurvey/ UK Health Protection Agency Advisory Group on Non-Ionizing Radiation http://www.hpa.ora.uk/webw/HPAweb&HPAwebStandard/HPAweb C/1317133826368 Norwegian Institute of Public Health http:J/www.fhi.no/dokumenter/545eea7147.pdf AT&T Proprietary(Internal use only).Not For use or disclosure outside the AT&T companies,except under wriMen agreement.02019 AT&T Intellectual property.All rights reserved. Page 22 Sabre IndustriE; INNOVATION DELIVERED March 24, 2023 Mr. Karey Vawter Diamond Communications, LLC 820 Morris Turnpike, Suite 104 Short Hills, NJ 07078 RE: 135' Monopole for 181 Mini Storage, VA (Sabre Quote#22-4427-JDS-R3) Dear Mr. Vawter, Upon receipt of order, we propose to design and supply the above-referenced monopole for an Ultimate Wind Speed of 111 mph without ice and 30 mph with 1" ice, Risk Category II, Exposure Category C, and Topographic Category 1, in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-H, "Structural Standard for Antenna-Supporting Structures and Antennas and Small Wind Turbine Support Structures". When designed according to this standard, the wind pressures and steel strength capacities include several safety factors. Therefore, it is highly unlikely that the monopole will fail structurally in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within the monopole shaft, above the base plate. Assuming that the wind pressure profile is similar to that used to design the monopole, the monopole will buckle at the location of the highest combined stress ratio within the monopole shaft. This is likely to result in the portion of the monopole above leaning over and remaining in a permanently deformed condition. Please note that this letter only applies to the above-referenced monopole designed and manufactured by Sabre Industries. This would effectively result in a fall radius less than or equal to 18'. �73OPU Sincerely, BLACOM tic. o. 0.9430 Robert E. Beacom, P.E., S.E. 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W DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. www.DynamicEnvironmenta1.com (877) 968-4787 NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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 AppendixList ......................................................................................... ii DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -I- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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 DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -ii- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -1- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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 Summar New Build NEPA Item Yes No 1 Is the proposed facility located in an officially ❑ ❑X designated wilderness area? 2 Is the proposed facility located in an officially designated ❑ ❑X wildlife reserve? Will the proposed facility likely affect listed threatened or endangered species or designated critical habitats; or 3 likely jeopardize the continued existence of any proposed ❑ ❑X 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). Will the proposed facility affect districts, sites, buildings, structures, or objects significant in American history, architecture, archeology, engineering, or culture that are 4 listed, or potentially eligible for listing in the National ❑ ❑X Register of Historic Places (NRNP)? (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? ❑ ❑X 6 Is the proposed facility located in a flood plain? (Ref. ❑ Executive Order 11988 and 40 CFR Part 6,Appendix A) Will construction of the proposed facility involve significant 7. change in surface features (e.g. wetlands, deforestation, ❑ 0 or water diversion)? (Ref. Executive Order 11990 and 40 CFR Part 6,Appendix A) Is the proposed facility located in a residential 8. neighborhood and required to be equipped with high ❑ 0 intensity white lights? Will the proposed facility equal or exceed total power 9. output limitations set forth in 47 CFR, Chapter 1, Subpart ❑ 0 I, § 1.1307, Table 1? DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -2- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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 Preserve. 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -3- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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. 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 DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -4- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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. .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 DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -5- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 (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. 51069CO209E, dated 1/29/2021, the Site is located in Flood Zone "X", an area outside the 100 year flood zone. 377 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 Light:; 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -6- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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 § 1.13O7(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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -7- 22202012 - NEPA NEPA Assessment Frederick County, VA I-81 Mini Storage Site February 24, 2023 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. S. 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 Ber wsk Vice Presid Brian R. Schneider Manager, Cultural Resources k'y� Courtn4 B. Gaskill NEPA Manager DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. -8- 22202012 - NEPA NEPA Assessment x I. Site Plans 0z W 0. 0. 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Al _0 ` , ' H..� - +� a rf ! w o o z � tom, 0 W o N Z � �ll O NEPA Assessment x III. THREATENED & ENDANGERED SPECIES DOCUMENTATION W a DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Travis A.Voyles Frank N.Stovall Acting Secretary of Natural and Historic Resources Deputy Director z for Operations Matthew S.Wells Darryl Glover Director Deputy Directorfor Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W.Smith ChiefDeputy Director COMMONWEALTH LTH of VTRJINLA Laura Ellis DEPARTMENT OF CONSERVATION AND RECREATION Deputy Directorfor Administration and Finance 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.Orndod[kdcr.virgima.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 600 East Main Street,24a'Floor I Richmond,Virginia 23219 1 804-786-6124 State Parks•Soil and Water Conservation•Outdoor Recreation Planning Natural Heritage•Dam Safety and Floodplain Management•Land Conservation (https://www.fws.aov/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, 24'1i 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.martinkdwr.vir ig nia.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. Rene 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. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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 N390 13' 6.56", and Longitude W780 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. P.O.Box 7068,Lake Worth,FL 33466 (661)968-4787 • Toll Free(877)968-4787 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. 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 - Gaskill NEPA Manager ■ enc. 22202012 - VA DCR IBA y 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: December 12, 2022 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. 12/12/2022 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 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 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 12/12/2022 2 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/Q39.218544800000004,-78.13938488206838,14z F t F Q 'N r. Counties: Frederick County,Virginia 12/12/2022 3 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 Fisheriesi, 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. 1. 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 Endangered 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 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9045 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/12/2022 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. 12/12/2022 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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. 1. The Migratory Birds Treat, Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 12/12/2022 2 BREEDING NAME SEASON Black-capped Chickadee Poecile atricapillus practicus Breeds Apr 10 This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions t0 Jul 31 (BCRs)in the continental USA Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 31 and Alaska. Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 10 and Alaska. Cerulean Warbler Dendroica cerulea Breeds Apr 27 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 25 and Alaska. Golden-winged Warbler Vermivora chrysoptera Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/8745 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere (BCRs)in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 31 and Alaska. 12/12/2022 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: 1. 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. 2. 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. 3. 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 (1) 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 12/12/2022 4 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. – probability of presence breeding season survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Non-BCC -BCCI I I I I I I I I I I I I I I I I I I I I I I IIII I I I I I I I I IIII IIII I I � Vulnerable I I I I I V I I I 1 Black-billed Cuckoo ++++ ++++ ++++ TTTT I I I I 1 �T-�- I I I I ++++ ++++ Cuckoo BCC Rangewide (CON) Black-capped Chickadee IIII IIII 1 +++ 4++ ++++ 10111+0+ BCC-BCR Boboink BCCRangewide +++ I I I I I I +++ +++� +.I I I IIII I I I I 10++ Is++ +1_11_ (CON) Canada Warbler BCC Rangewide ++++ ++++ ++++ ++++ I I I I I I I IIII I ++++ ++++ ++++ (CON) I I- + Cerulean Warbler BCC Rangewide ++ I I IIII I I ++ -H I I III IIII III I .I..I I + *+++ +_H t l l l f I,..{ I-+ (CON) Chimney Swift BCC Rangewide ++++ ++++ I I III1111 1111 ++++ ++++ (CON) Golden-winged Warbler BCC Rangewide (CON) Kentucky Warbler BCC Rangewide +++-I 14+ ++++ -1 I I I 1111 IIII IIII IIII- ++++ -III + ++++ -I--F-I--r (CON) L Prairie Warbler BCC Rangewide r+,++++ ++++ ++++ T+TT I I I I I I I I I I I I 1+00 *1++ ++++ ++++ (CON) Prothonotary Warbler ++++ ++++ ++++ +++4 III IIII IIII 114+ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed Woodpecker I IIII IIII IIII 111 + ++++ +0++ ++++ 12/12/2022 5 BCC Rangewide (CON) SPECIES JAN J- FEB MAR II APR yy MAY II JUN 11 JUL II IAUG SEP IOCT NOV DEC Rusty Blackbird 10++ �T�, �T,T T +TTT T+T+ ++T+ TT++ +T++ +010 BCC-BCR Wood Thrush BCC Rangewide ++++ TTT� TT�T TT�1 1111 I'll NII 1111 +10+ T+++ ++++ ++++ (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-mi ratory. • 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 orep rmits 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 (BCQ 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 12/12/2022 6 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: 1. "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); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "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 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. 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 12/12/22,4:33 PM VAFWIS Seach Report VaFWIS Search Report Compiled on 12/12/2022,4:32:32 PM Help Observations reported or potential habitat occurs within a 3 mile radius around point 39.2185000 -78.1393995 in 069 Frederick County, 840 Winchester City,VA View Map of Site Location 452 Known or Likely Species ordered by Status Concern for Conservation (displaying first 21) (21 species with Status* or Tier I** or Tier II** ) BOVA Code Status* Tier** Common Name Scientific Name 050022 FTST Ia Bat, northern long-eared Myotis septentrionalis 050020 SE Ia Bat, little brown Myotis lucifugus 050027 FPSE Ia Bat, tri-colored Perimyotis subflavus 040267 SE Wren, Bewick's Thryomanes bewickii 030062 ST Ia Turtle, wood Glyptemys insculpta 040096 ST Ia Falcon,_peregrine Falco peregrinus 040293 ST Ia Shrike, loggerhead Lanius ludovicianus 100155 ST Ia Skipper,Appalachian grizzled Pyrgus wyandot 060081 ST IIa Flo—at er,_gLeen Lasmigona subviridis 040292 ST Shrike,migrant loggerhead Lanius ludovicianus migrans 100079 FC IIIa Butterfly,, monarch Danaus plexippus 030012 CC IVa Rattlesnake, timber Crotalus horridus 040306 Ia Warblergolden-winged Vermivora chrysoptera 050024 Ia Myotis, eastern small-footed Myotis leibii 100248 Ia Fritillary, regal Speyeria idalia idalia 040213 Ic Owl, northern saw-whet Aegolius acadicus 040052 IIa Duck American black Anas rubripes 040320 IIa Warbler, cerulean Setophaga cerulea 040140 IIa Woodcock,American Scolopax minor 040203 IIb Cuckoo, black-billed Coccyzus erythropthalmus 100256 IIc Crescent, tawny_ Phyciodes batesii batesii To view All 452 species View 452 *FE—Federal Endangered; FT—Federal Threatened; SE—State Endangered; ST—State Threatened; FP—Federal Proposed; FC—Federal Candidate; CC—Collection Concern **I=VA Wildlife Action Plan-Tier I-Critical Conservation Need; II=VA Wildlife Action Plan-Tier II-Very High Conservation Need; III—VA Wildlife Action Plan-Tier III-High Conservation Need; TV—VA Wildlife Action Plan-Tier TV-Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking: a-On the ground management strategies/actions exist and can be feasibly implemented.; b-On the ground actions or research needs have been identified but cannot feasibly be implemented at this time.; c-No on the ground actions or research needs have been identified or all identified conservation opportunities have been exhausted. https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_Options.asp?pf=1&Title=VaFWIS+Geog rap hicSelect+Options&comments... 1/4 12/12/22,4:33 PM VAFWIS Seach Report Anadromous Fish Use Streams N/A Impediments to Fish Passage N/A Threatened and Endangered Waters N/A Managed Trout Streams (2 records) View Map of All Trout Stream Surveys Reach IDI Stream N jBrook Trout Brown Trout IRainbow IView Map 07CLE-01 Clearbrook Run Stockable1 11 1Yes 07RED-01 Redbud Run Wild troutj 11 11Y Yes Bald Eagle Concentration Areas and Roosts N/A Bald Eagle Nests N/A Habitat Predicted for Aquatic WAP Tier I& II Species (6 Reaches) View Map Combined Reaches from Below of Habitat Predicted for WAP Tier 1&H Aquatic Species Tier Species Stream Name Highest BOVA Code, Status, Tier**, ie TE Common & Scientific Name p Ash Hollow Run ST 030062 EETurtle Glyptemys (20700041) wood insculpta Yes Babbs Run (20700041) ST 030062 ST Ia Turtle, Glyptemys yes wood insculpta Clearbrook Run Turtle, Glyptemys (20700041) ST 030062 ST Ia wood insculpta Yes Lick Run (20700041) ST 030062 ST Ia Turtle, rj;ptemys Yes https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_0ptions.asp?pf=1&Title=VaFWIS+GeographicSelect+Options&comments... 2/4 12/12/22,4:33 PM VAFWIS Seach Report 11 wood I insculpta Redbud Run (20700041) ST 030062 ST Ia Turtle, Glyptemys Yes wood insculpta tributary (20700041) ST 030062 ST Ia Turtle, Glyptemys Yes wood insculpta tributary (20700041) ST 030062FS]TE] Turtle, Glyptemys Yes wood insculpta Habitat Predicted for Terrestrial WAP Tier I & II Species N/A Virginia Breeding Bird Atlas Blocks (6 records) view Map ofA11 uery Results Virginia Breeding Bird Atlas Blocks Breeding Bird Atlas Species BBA ID Atlas Quadrangle Block Name View Map Different Species Highest TE Highest Tier **l 46235 Inwood. SW IF 52 III Yes 45236 White Hall, SE 60 ST T Yes 45224 Winchester. CE 58 ITI Yes 45223 Winchester, CW 28 ST T Yes 45222 Winchester,NE 40 ITI Yes =Winchester,NW 62 TI Yes Public Holdings: N/A Summary of BOVA Species Associated with Cities and Counties of the Commonwealth of Virginia: FIPS Code City and County Name Different Species Highest TE Highest Tier 069 IlLrederick 114161 FTSE 11 I 840 Winchester City. 365 FTSE I I USGS 7.5' Quadrangles: Winchester White Hall Stephenson Inwood USGS NRCS Watersheds in Virginia: N/A https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_Options.asp?pf=1&Title=VaFWIS+Geog rap hicSelect+Options&comments... 3/4 12/12/22,4:33 PM VAFWIS Seach Report USGS National 6th Order Watersheds Summary of Wildlife Action Plan Tier I, II, III, and IV Species: HU6 Code USGS 6th Order Hydrologic Unit Different Species I Highest TE Highest Tier PU14 Babbs Run 1 5211 ST 11 I PU17 Abrams Creek 1 5211 ST 11 I PU18 Opequon Creek-Redbud Run 11 611 ST I I PU19 Opequon Creek-Turkey Run 61 J=ST 11 I Compiled on 12/12/2022,4:32:32 PM V1446259.0 report=V searchType=R dist=4827 poi=39.2185000-78.1393995 https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_0ptions.asp?pf=1&Title=VaFWIS+GeographicSelect+Options&comments... 4/4 U, i h• P - - l •:�� ` , SITE r' + N— F x r t �i ee RL Mercator Projection 0.5 1.0 1.5 2.0 2 5 krn ',STM Zone 125 ' - f MN 'nib'. CALTOPO Scale 1.24000 1 inch = 2000 feet 0 _ DYNAmic Site Location Map ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} li \... 1-81 Mini Storage Site www.DynamicEnvironmental.com . (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 1 I' 7.5 Minute Series,Winchester, VA Quadrangle(1987) �N ." r� ` IIT f aew. { .. !w t# • ¢��; Ely { 5 � SITE _ - } - J. F1 14AFOGE i. r•,i S Ih �V N t 1" 'h` if C .. { � �'�- J � l`rl��l . �� 0• %27- Mercator Projection 0,5 1.0 1,5 2.0 2.5km � WIN UTM Zone 17S ' MN 0.5 1,0 1,5rrllf i 2 CAL.TOPO Scale L.24000 1 inth = 2€00 feet � -.0 EM iDYNAJN is USGS Topographic Map ENVIRONMENTAL Informal Biological Assessment J4SSOC[ATES} IN 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 2 Cummunic tinny ... A' op op SITE f 14 If W E � Sr DYNAMIC 2019 Aerial Photograph 1 ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: V,Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 3 Communications U& F191i sU I.I>E•.MVICIE>v li F I r _ SITE Fa _ o Wetlands �`re�tw�tler Emergent - Frest voter ForestedMhrob , Estuan"arab Matins IDa"ater - Estuarine and Marine N Freshwater Pond - Lake W E Rivenne Cather s DYNAMIC NWI Map 1 ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 4 cummunic tinny . IW ' 73-W 1 T' No Critical Habitat Mapped in the Project Area .10 eF I" F I — - Y I G r # P p e r1 e 5 a SITE 'I = I Legend �- a �y Final Polygon Features T I . 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O O L Z U Q U CL o a o ° R m CL O N L y a U � R C 0 R p N O O (z') r, m LU R W J y CL 0CL y o aU) o o o N Q a w a a y ECL O Q Q O ° o `wo Y Qo ao om Q Q O o >. a)O Q E O a) UQ)y 3 LL 3o > > So aRwoco o 0 0 o Mn m a) O m R a) O O m U) U) U) in U) U) w a � R ' R ❑ 0 ❑ Q i ll U 20! 0 Q y O y ,O L L d 7 N w 0 r0 O Z U n is Soil Map—Frederick County,Virginia Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 8B Chilhowie silty clay loam,2 to 0.2 0.7% 7 percent slopes 32B Oaklet silt loam,2 to 7 percent 32.7 99.3% slopes Totals for Area of Interest 33.0 100.0% USDA Natural Resources Web Soil Survey 12/12/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Ha3 Co Q C N ° C E °- -O Co O- C N t i � m = Ott E -a > Co ° U z ao E m z C ¢ N. � S ) a 2 Co LL Co C O Y N ) o a g o � 33co � x o m o °� � a� a �o-0 :5 co C, W Oo ° a a Co o E - ¢ a) moo mom E owe �-a a) g ° o N ¢ O K x LL o m 0 w a a) o¢ a)y t a Y w a) w a) N O v a -p -p ?j o O J (6 D_a Y a) a) U a) O a) a) C O a) a `1 C �' N d a) Co C p N T W O p y E a) O a N Co U 'o a) O ci H a N N O C YO O y > O (6 (6 .� E O ° 4 U W a N y 4 a ° a v Co ooc � C, a) i w " w r 3 w 15 m m Q Hwy w�� n-� Ea ° EC6 � a °o UoCoy ox a a Co w a> o W > :° Y � � -o $Q vacu E � a Ear WNmo myw o aaz °o E � ? ° o , 0w v m - Q m pyo � �W av� �°: omc°� > c�6i Co° o i � = 0 M �_ o a a Co � a as a) � as o O apW ° '>awm � EE p Q C N a) a) J C US N Q -6 Q C > 4 a) N z 00 w o o LL Y Y _ api °o g as m :° a) aai.0 m a r O O a m a) co 0 CL 0¢m m Q �6� O dc0i 3� 3 0 � o � � w � m . o :o Co � o m °_° C > N-CIO3 Na) Co wE� a) as w'o N a mCo > Co Co w > o m m w E m o -o 'wo E a�'° ¢ °> a� j �.� w° Z N N a) , a) t > O Co O T O C H O O a Co W U Q J Q Q W Q U J U U m{ J U d x D z S -6 N W O Q D N E' Y 4 )y w w 1 — N N t I I C Co ate+N ° E N N >' a 0 p- O I U H B aas w'- 3 w cJ�ma , 0 , -c � ~ �'� z m e Q(6 N W e In J N N O 0 E 0 0 o 'Co CoCL Z o wo n a a O Q O W Q Qw LU LU w $a m m u> z Ev°m °- H O w (n Q w W _ Z Q O N >, a m co`O a) 0 a y 0 C aai o LLQ wQ Q zr pr a E— � �:_ aU~ E �a ° Om w ap xx x wU Q asn w o d ' Co E ¢ x Q p w C7 LL d wgip a) v a) v aEi wo E wo y U Q x 0 2 r Q t._t o t � CO E d t— — S J LU =0 PaP as Co 3 d—W Nfn 2 H W O _ y z + - f o NO N •� 4 � M � T +yv) U ,�p�� i i � lb I _ fror ditdb N `l 4-0 � w W Z O lk ry L.L ,► , Ca LL o 4% 1 — 4 0 ry JOPP o Ait Lr) LU ' - -4 1,4% V o,� . O , ► 'M1 r I or ' 4 o z -4 �' 0 W o N Z �o �ll O SOURCES Project Name: VA031 I-81 Mini Storage Project No.: 22202012 1. NatureServe Online database. Association for Biodiversity Information. httip://www.natureserve.orci/ 2. U.S. Fish & Wildlife Service, Environmental Conservation Online System. http://ecos.fws.ciov/ecos/i ndexPu blic.do 3. U.S. Fish & Wildlife Service, IPaC - Information, Planning, and Conservation System h tt p://ecos.fws.ci ov/i pa c/ 4. Virginia Department of Conservation and Recreation: Natural Heritage Program. http://www.dcr.virainia.aov/natural heritage/index.shtml 5. Virginia Department of Game and Inland Fisheries Information Service http://vafwis.orci/fwis/ 6. The Flora of North America. http://www.efloras.ora/flora paae.aspx?flora id=1 7. The Center for Plant conservation. http://www.centerforplantconservation.ora/collection/cpc viewprofile.asp?CPCNum= 2466 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM December 13, 2022 Enda n ered Species and Natural Resources Project Review Site Name: I-81 Mini Storage Site No.: VA031 Address: 127 Mercedes Court, Winchester, DEA No.: 22202012 Frederick County, VA 22603 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 N390 13' 6.56", and Longitude W780 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. P.O.Box 7068,Lake Worth,FL 33466 (661)968-4787 • Toll Free(877)968-4787 -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. -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 y 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: December 12, 2022 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. 12/12/2022 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 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 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 12/12/2022 2 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/Q39.218544800000004,-78.13938488206838,14z F t F Q 'N r. Counties: Frederick County,Virginia 12/12/2022 3 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 Fisheriesi, 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. 1. 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 Endangered 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 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9045 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/12/2022 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. 12/12/2022 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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. 1. The Migratory Birds Treat, Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 12/12/2022 2 BREEDING NAME SEASON Black-capped Chickadee Poecile atricapillus practicus Breeds Apr 10 This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions t0 Jul 31 (BCRs)in the continental USA Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 31 and Alaska. Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 10 and Alaska. Cerulean Warbler Dendroica cerulea Breeds Apr 27 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 25 and Alaska. Golden-winged Warbler Vermivora chrysoptera Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/8745 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere (BCRs)in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA t0 Aug 31 and Alaska. 12/12/2022 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: 1. 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. 2. 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. 3. 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 (1) 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 12/12/2022 4 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. – probability of presence breeding season survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Non-BCC -BCCI I I I I I I I I I I I I I I I I I I I I I I IIII I I I I I I I I IIII IIII I I � Vulnerable I I I I I V I I I 1 Black-billed Cuckoo ++++ ++++ ++++ TTTT I I I I 1 �T-�- I I I I ++++ ++++ Cuckoo BCC Rangewide (CON) Black-capped Chickadee IIII IIII 1 +++ 4++ ++++ 10111+0+ BCC-BCR Boboink BCCRangewide +++ I I I I I I +++ +++� +.I I I IIII I I I I 10++ Is++ +1_11_ (CON) Canada Warbler BCC Rangewide ++++ ++++ ++++ ++++ I I I I I I I IIII I ++++ ++++ ++++ (CON) I I- + Cerulean Warbler BCC Rangewide ++ I I IIII I I ++ -H I I III IIII III I .I..I I + *+++ +_H t l l l f I,..{ I-+ (CON) Chimney Swift BCC Rangewide ++++ ++++ I I III1111 1111 ++++ ++++ (CON) Golden-winged Warbler BCC Rangewide (CON) Kentucky Warbler BCC Rangewide +++-I 14+ ++++ -1 I I I 1111 IIII IIII IIII- ++++ -III + ++++ -I--F-I--r (CON) L Prairie Warbler BCC Rangewide r+,++++ ++++ ++++ T+TT I I I I I I I I I I I I 1+00 *1++ ++++ ++++ (CON) Prothonotary Warbler ++++ ++++ ++++ +++4 III IIII IIII 114+ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed Woodpecker I IIII IIII IIII 111 + ++++ +0++ ++++ 12/12/2022 5 BCC Rangewide (CON) SPECIES JAN J- FEB MAR II APR yy MAY II JUN 11 JUL II IAUG SEP IOCT NOV DEC Rusty Blackbird 10++ �T�, �T,T T +TTT T+T+ ++T+ TT++ +T++ +010 BCC-BCR Wood Thrush BCC Rangewide ++++ TTT� TT�T TT�1 1111 I'll NII 1111 +10+ T+++ ++++ ++++ (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-mi ratory. • 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 orep rmits 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 (BCQ 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 12/12/2022 6 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: 1. "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); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "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 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. 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 12/12/22,4:33 PM VAFWIS Seach Report VaFWIS Search Report Compiled on 12/12/2022,4:32:32 PM Help Observations reported or potential habitat occurs within a 3 mile radius around point 39.2185000 -78.1393995 in 069 Frederick County, 840 Winchester City,VA View Map of Site Location 452 Known or Likely Species ordered by Status Concern for Conservation (displaying first 21) (21 species with Status* or Tier I** or Tier II** ) BOVA Code Status* Tier** Common Name Scientific Name 050022 FTST Ia Bat, northern long-eared Myotis septentrionalis 050020 SE Ia Bat, little brown Myotis lucifugus 050027 FPSE Ia Bat, tri-colored Perimyotis subflavus 040267 SE Wren, Bewick's Thryomanes bewickii 030062 ST Ia Turtle, wood Glyptemys insculpta 040096 ST Ia Falcon,_peregrine Falco peregrinus 040293 ST Ia Shrike, loggerhead Lanius ludovicianus 100155 ST Ia Skipper,Appalachian grizzled Pyrgus wyandot 060081 ST IIa Flo—at er,_gLeen Lasmigona subviridis 040292 ST Shrike,migrant loggerhead Lanius ludovicianus migrans 100079 FC IIIa Butterfly,, monarch Danaus plexippus 030012 CC IVa Rattlesnake, timber Crotalus horridus 040306 Ia Warblergolden-winged Vermivora chrysoptera 050024 Ia Myotis, eastern small-footed Myotis leibii 100248 Ia Fritillary, regal Speyeria idalia idalia 040213 Ic Owl, northern saw-whet Aegolius acadicus 040052 IIa Duck American black Anas rubripes 040320 IIa Warbler, cerulean Setophaga cerulea 040140 IIa Woodcock,American Scolopax minor 040203 IIb Cuckoo, black-billed Coccyzus erythropthalmus 100256 IIc Crescent, tawny_ Phyciodes batesii batesii To view All 452 species View 452 *FE—Federal Endangered; FT—Federal Threatened; SE—State Endangered; ST—State Threatened; FP—Federal Proposed; FC—Federal Candidate; CC—Collection Concern **I=VA Wildlife Action Plan-Tier I-Critical Conservation Need; II=VA Wildlife Action Plan-Tier II-Very High Conservation Need; III—VA Wildlife Action Plan-Tier III-High Conservation Need; TV—VA Wildlife Action Plan-Tier TV-Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking: a-On the ground management strategies/actions exist and can be feasibly implemented.; b-On the ground actions or research needs have been identified but cannot feasibly be implemented at this time.; c-No on the ground actions or research needs have been identified or all identified conservation opportunities have been exhausted. https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_Options.asp?pf=1&Title=VaFWIS+Geog rap hicSelect+Options&comments... 1/4 12/12/22,4:33 PM VAFWIS Seach Report Anadromous Fish Use Streams N/A Impediments to Fish Passage N/A Threatened and Endangered Waters N/A Managed Trout Streams (2 records) View Map of All Trout Stream Surveys Reach IDI Stream N jBrook Trout Brown Trout IRainbow IView Map 07CLE-01 Clearbrook Run Stockable1 11 1Yes 07RED-01 Redbud Run Wild troutj 11 11Y Yes Bald Eagle Concentration Areas and Roosts N/A Bald Eagle Nests N/A Habitat Predicted for Aquatic WAP Tier I& II Species (6 Reaches) View Map Combined Reaches from Below of Habitat Predicted for WAP Tier 1&H Aquatic Species Tier Species Stream Name Highest BOVA Code, Status, Tier**, ie TE Common & Scientific Name p Ash Hollow Run ST 030062 EETurtle Glyptemys (20700041) wood insculpta Yes Babbs Run (20700041) ST 030062 ST Ia Turtle, Glyptemys yes wood insculpta Clearbrook Run Turtle, Glyptemys (20700041) ST 030062 ST Ia wood insculpta Yes Lick Run (20700041) ST 030062 ST Ia Turtle, rj;ptemys Yes https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_0ptions.asp?pf=1&Title=VaFWIS+GeographicSelect+Options&comments... 2/4 12/12/22,4:33 PM VAFWIS Seach Report 11 wood I insculpta Redbud Run (20700041) ST 030062 ST Ia Turtle, Glyptemys Yes wood insculpta tributary (20700041) ST 030062 ST Ia Turtle, Glyptemys Yes wood insculpta tributary (20700041) ST 030062FS]TE] Turtle, Glyptemys Yes wood insculpta Habitat Predicted for Terrestrial WAP Tier I & II Species N/A Virginia Breeding Bird Atlas Blocks (6 records) view Map ofA11 uery Results Virginia Breeding Bird Atlas Blocks Breeding Bird Atlas Species BBA ID Atlas Quadrangle Block Name View Map Different Species Highest TE Highest Tier **l 46235 Inwood. SW IF 52 III Yes 45236 White Hall, SE 60 ST T Yes 45224 Winchester. CE 58 ITI Yes 45223 Winchester, CW 28 ST T Yes 45222 Winchester,NE 40 ITI Yes =Winchester,NW 62 TI Yes Public Holdings: N/A Summary of BOVA Species Associated with Cities and Counties of the Commonwealth of Virginia: FIPS Code City and County Name Different Species Highest TE Highest Tier 069 IlLrederick 114161 FTSE 11 I 840 Winchester City. 365 FTSE I I USGS 7.5' Quadrangles: Winchester White Hall Stephenson Inwood USGS NRCS Watersheds in Virginia: N/A https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_Options.asp?pf=1&Title=VaFWIS+Geog rap hicSelect+Options&comments... 3/4 12/12/22,4:33 PM VAFWIS Seach Report USGS National 6th Order Watersheds Summary of Wildlife Action Plan Tier I, II, III, and IV Species: HU6 Code USGS 6th Order Hydrologic Unit Different Species I Highest TE Highest Tier PU14 Babbs Run 1 5211 ST 11 I PU17 Abrams Creek 1 5211 ST 11 I PU18 Opequon Creek-Redbud Run 11 611 ST I I PU19 Opequon Creek-Turkey Run 61 J=ST 11 I Compiled on 12/12/2022,4:32:32 PM V1446259.0 report=V searchType=R dist=4827 poi=39.2185000-78.1393995 https://services.dwr.virginia.gov/fwis/NewPages/VaFWIS_GeographicSelect_0ptions.asp?pf=1&Title=VaFWIS+GeographicSelect+Options&comments... 4/4 U, i h• P - - l •:�� ` , SITE r' + N— F x r t �i ee RL Mercator Projection 0.5 1.0 1.5 2.0 2 5 krn ',STM Zone 125 ' - f MN 'nib'. CALTOPO Scale 1.24000 1 inch = 2000 feet 0 _ DYNAmic Site Location Map ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} li \... 1-81 Mini Storage Site www.DynamicEnvironmental.com . (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 1 I' 7.5 Minute Series,Winchester, VA Quadrangle(1987) �N ." r� ` IIT f aew. { .. !w t# • ¢��; Ely { 5 � SITE _ - } - J. F1 14AFOGE i. r•,i S Ih �V N t 1" 'h` if C .. { � �'�- J � l`rl��l . �� 0• %27- Mercator Projection 0,5 1.0 1,5 2.0 2.5km � WIN UTM Zone 17S ' MN 0.5 1,0 1,5rrllf i 2 CAL.TOPO Scale L.24000 1 inth = 2€00 feet � -.0 EM iDYNAJN is USGS Topographic Map ENVIRONMENTAL Informal Biological Assessment J4SSOC[ATES} IN 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 2 Cummunic tinny ... A' op op SITE f 14 If W E � Sr DYNAMIC 2019 Aerial Photograph 1 ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: V,Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 3 Communications U& F191i sU I.I>E•.MVICIE>v li F I r _ SITE Fa _ o Wetlands �`re�tw�tler Emergent - Frest voter ForestedMhrob , Estuan"arab Matins IDa"ater - Estuarine and Marine N Freshwater Pond - Lake W E Rivenne Cather s DYNAMIC NWI Map 1 ENVIRONMENTAL Informal Biological Assessment ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, Virginia For: Diamond DEA No.: 22202012 Date: 12/12/2022 Figure No.: 4 cummunic tinny . IW ' 73-W 1 T' No Critical Habitat Mapped in the Project Area .10 eF I" F I — - Y I G r # P p e r1 e 5 a SITE 'I = I Legend �- a �y Final Polygon Features T I . 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O O L Z U Q U CL o a o ° R m CL O N L y a U � R C 0 R p N O O (z') r, m LU R W J y CL 0CL y o aU) o o o N Q a w a a y ECL O Q Q O ° o `wo Y Qo ao om Q Q O o >. a)O Q E O a) UQ)y 3 LL 3o > > So aRwoco o 0 0 o Mn m a) O m R a) O O m U) U) U) in U) U) w a � R ' R ❑ 0 ❑ Q i ll U 20! 0 Q y O y ,O L L d 7 N w 0 r0 O Z U n is Soil Map—Frederick County,Virginia Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 8B Chilhowie silty clay loam,2 to 0.2 0.7% 7 percent slopes 32B Oaklet silt loam,2 to 7 percent 32.7 99.3% slopes Totals for Area of Interest 33.0 100.0% USDA Natural Resources Web Soil Survey 12/12/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Ha3 Co Q C N ° C E °- -O Co O- C N t i � m = Ott E -a > Co ° U z ao E m z C ¢ N. � S ) a 2 Co LL Co C O Y N ) o a g o � 33co � x o m o °� � a� a �o-0 :5 co C, W Oo ° a a Co o E - ¢ a) moo mom E owe �-a a) g ° o N ¢ O K x LL o m 0 w a a) o¢ a)y t a Y w a) w a) N O v a -p -p ?j o O J (6 D_a Y a) a) U a) O a) a) C O a) a `1 C �' N d a) Co C p N T W O p y E a) O a N Co U 'o a) O ci H a N N O C YO O y > O (6 (6 .� E O ° 4 U W a N y 4 a ° a v Co ooc � C, a) i w " w r 3 w 15 m m Q Hwy w�� n-� Ea ° EC6 � a °o UoCoy ox a a Co w a> o W > :° Y � � -o $Q vacu E � a Ear WNmo myw o aaz °o E � ? ° o , 0w v m - Q m pyo � �W av� �°: omc°� > c�6i Co° o i � = 0 M �_ o a a Co � a as a) � as o O apW ° '>awm � EE p Q C N a) a) J C US N Q -6 Q C > 4 a) N z 00 w o o LL Y Y _ api °o g as m as a) aai.0 m a r O O a m a) co 0 CL 0¢m m Q �6� O dc0i 3� 3 0 � o � � w � m . o :o Co � o m °_° C > N-CIO3 Na) Co wE� a) as w'o N a mCo > Co Co w > o m m w E m o -o 'wo E a�'° ¢ °> a� j �.� w° Z N N a) , a) t > O Co O T O C H O O a Co W U Q J Q Q W Q U J U U m{ J U d x D z S -6 N W O Q D N E' Y 4 )y w w 1 — N N t I I C Co ate+N ° E N N >' a 0 p- O I U H B aas w'- 3 w cJ�ma , 0 , -c � ~ �'� z m e Q(6 N W e In J N N O 0 E 0 0 o 'Co CoCL Z o wo n a a O Q O W Q Qw LU LU w $a m m u> z Ev°m °- H O w (n Q w W _ Z Q O N >, a m co`O a) 0 a y 0 C aai o LLQ wQ Q zr pr a E— � �:_ aU~ E �a ° Om w ap xx x wU Q asn w o d ' Co E ¢ x Q p w C7 LL d wgip a) v a) v aEi wo E wo y U Q x 0 2 r Q t._t o t � CO E d t— — S J LU =0 PaP as Co 3 d—W Nfn 2 H W O _ y z + - f o NO N •� 4 � M � T +yv) U ,�p�� i i � lb I _ fror ditdb N `l 4-0 � w W Z O lk ry L.L ,► , Ca LL o 4% 1 — 4 0 ry JOPP o Ait Lr) LU ' - -4 1,4% V o,� . O , ► 'M1 r I or ' 4 o z -4 �' 0 W o N Z �o �ll O SOURCES Project Name: VA031 I-81 Mini Storage Project No.: 22202012 1. NatureServe Online database. Association for Biodiversity Information. httip://www.natureserve.orci/ 2. U.S. Fish & Wildlife Service, Environmental Conservation Online System. http://ecos.fws.ciov/ecos/i ndexPu blic.do 3. U.S. Fish & Wildlife Service, IPaC - Information, Planning, and Conservation System h tt p://ecos.fws.ci ov/i pa c/ 4. Virginia Department of Conservation and Recreation: Natural Heritage Program. http://www.dcr.virainia.aov/natural heritage/index.shtml 5. Virginia Department of Game and Inland Fisheries Information Service http://vafwis.orci/fwis/ 6. The Flora of North America. http://www.efloras.ora/flora paae.aspx?flora id=1 7. The Center for Plant conservation. http://www.centerforplantconservation.ora/collection/cpc viewprofile.asp?CPCNum= 2466 NEPA Assessment x IV. SECTION 106 REVIEW DOCUMENTATION F2 Z W a DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 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: 1-81 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. 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: 1-81 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. 1 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Youmans City of Winchester Planning -2- December 1, 2022 Proposed Project The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment com ound 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 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment com ound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a Description: new telecommunications tower facility, including a fenced equipment compound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment compound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 Julia Klima From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, December 2, 2022 10:02 AM To: SEC106 Subject: Re: DEA# 22202012 - 1-81 Mini Storage Site - City of Winchester Planning - Invitation to Comment Warning: Sender Timothy.Youmans@winchesterva.gov is not yet trusted by your organization. Please be careful before replying or clicking on the URLs. MM 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: iklima@dvnamicenvironmental.com Website: http://DynamicEnvironmental.com <22202012 - 106 - ITC-City- 120122.pdf> 1 PROOF OF PUBLICATION COPY OF ADVERTISEMENT WST Winchester Star Diamond Towers V LLC 106 Public Notice 112-8 Diamond Towers V LLC 106 Public Notice 112-8 httpsJbnp.navigahub:comlewlonpllocalstorage/ad"aterials/85138/insertlon 4.jpg SECUON 108 PIJ8UC NOTICE certify that the attachment hereto contains a true and pp.„,,,QeQ„,,, pW VUZ �� accurate copy of what was published in WST Winchester LLCm�m.e 9en Vl�ueaed a Daiepna N lie RNe w e daY1d- s4 Iv 1sYn¢ei Star in consecutive issues on the following dates: �� can=ac,i m a*am nu ''amc«mWW . mdal�� uRm.riel we Frd vdg'M v wi Yf wmllm[vMli a n` -dPu dePl4alind.Pa lhG h'mk[e+rd� . mien Pm CmewrlY.weV LLC e�eMppseNb 12/8/2022 CYIM A*kn ” ,85 cxlE Pert e�ail se maaa emu.b iavnme pe'I nIL rtq (e=9 Rem 11 XNnH kMa M asdkni %i PW wxyeadxx - W.1..s 1c Jun lira a[W0.M[ GA OIn41 mNOioe°ain"miiwoy rruw�nnrer0!`am�isarr'ic Affiant further says that That said newspaper was regularly ennro«uaeleun�wc�eamra:usvm,x issued and circulated on those dates. SIGNED: Au State of Virginia County of I N MMMMW---: . � �Y�,ayss�praija� Si and' m to a this 121812022. ... . 'NOTARY'Cf,� PuiKiC t W _ REO.#Y8?135 ry Public My commission expires: LTH •I'�'lFi it 171L Customer No:101957 Affidavit Contact Name-Julia Klima Affidavit Contact Address:Dynamic Environmental Associates, Inc. 3850 Lake Street,Suite C Macon,GA 31204 jldima@dynamicenVironmental.com Affidavit Batch 10:813 Affidavit I❑-9958 Page 1 of 1 NEPA Assessment x V. NATIVE AMERICAN CONSULTATION p DOCUMENTATION W a DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Tribal Consultation Summary Table DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. W ~ N N N N W U1 U1 U1 U1 J a O VOi VOi CC VOi VOi C O O C C O F a o 0 0 0 0 0 0 a a o o a U a a a a C m Z H z w w w z z w w z H J O O O O M M M M Z U MM M M M M M M M M M M M . N N N N N N N N N N N N N J N N N O . 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U .0 m z Z m -o Tm O 2:0 Z C L L 10 E m E .. L a OL 10 10 L L N q O m m m L J m U U U 0 w 2: Z a a � F F Tower Construction Notification System (TCNS) Documentation DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 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 1 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 Date: 12/23/2022 DIAMOND TOWERSOLIA90 3850 LAKE STREET Reference Number: SUITE C MACON,GA 31204 Dear Applicant: Thank you for using the Federal Communications Commission's(FCC)Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS,which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail(letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VILA of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-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). Page 1 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 2 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 TONS,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 TONS,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. 700W Page 2 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 3 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: 186 1) -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: Page 3 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 4 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@ccpperafts.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- Ill 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 Page 4 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 5 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 VILA 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: Page 5 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 6 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 r 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 kv, Wr County: FREDERICK Detailed Description of Project(Optional): The p^sedpr t will include the development of a new telecommunications tower facility,including a fenced pment 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,ple 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 0 ;0, 700W Page 6 of 6 FCC 680 July 2018 Native American Tribal Consultation Documentation DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Catawba Indian Nation Tribal Historic Preservation Office 1636 Tom Steven Road Rock Hill,South Carolina 29730 Office 803-328-2427 ------------------------------------------------------- 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 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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. =i NEW- r, Julia Klima Tribal Coordinator 22202012 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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, Count , State: Winchester, Frederick County, VA Latitude / Longitude: N390 13' 6.56" / W780 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 mono ole 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Dr. Haire Catawba Indian Nation -2- January 5, 2023 cultural significance to them may be affected by the undertaking'. 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. l "Julia Klima i Tribal Coordinator DEA: 22202012 ' §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. 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 1 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 2 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Ms. Terrapin Cherokee Nation -2- January 5, 2023 cultural significance to them may be affected by the undertaking'. 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. l jJulia Klima i Tribal Coordinator DEA: 22202012 ' §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 Toll Free(877)968-4787 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Adkins Chickahominy Indian Tribe -2- January 5, 2023 cultural significance to them may be affected by the undertaking'. 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. l Julia K , lima i Tribal Coordinator DEA: 22202012 3 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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. r' :' a{Julia Klima ' Tribal Coordinator 22202012 3860 Lake Street, Macon,GA 31204 (478)745-7740 Toll Free(877)968-4787 The Delaware Nation Historic Preservation Department 31064 State Highway 281 Anadarko,OK 73005 Phone(405)247-2448 January 5, 2023 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. 0 Carlssa Spec Director of Historic Preservation Delaware Nation 31064 State Highway 281 Anadarko, OK 73005 Ph. 405-247-2448 ext. 1403 cspeck@delawarenation-nsn.gov Delaware Nation Historic Preservation Department 31064 State Highway 281 P.O. Box 825 Anadarko, OK 73005 Phone (405) 247-2448 TCNS Review Fee Schedule: $1,000 for new towers 50 ft and over $ 500 for collocates $ 500 for small cell deployment If you have any questions about this invoice, please contact Carissa Speck,(405)247-2448 ext. 1403,cspeck@delawarenation-nsn.gov Delaware Nation Historic Preservation Department 31064 State Highway 281 P.O. Box 825 Anadarko, OK 73005 i; Phone (405) 247-2448 Invoice Date Billed 1/5/2023 Bill To: TCNS # 260517 DEA 3850 Lake Street, Suite C Macon, GA 31204 DESCRIPTION AMOUNT Monopole $ 1,000 Thank you for your business! TOTAL $ 1,000 If you have any questions about this invoice, please contact Carissa Speck,(405)247-2448 ext.1403,cspeck@delawarenation-nsn.gov 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 V Warning: Sender tmartinez@delawarenation-nsn.gov is not yet trusted by your organization. Please be careful before replying or cl icki ng/down loading the attachment. powered by Graphus' Good Morning, Please find an invitation to consult and invoice,Thank you! W aw zshil' J ramj r twz TCNS Coordinator Delaware Nation P.O. Box 825 Anadarko,Ok 73005 (405)247-2448 Ext. 1407 tmartinez@delawarenation-nsn.gov 1 RE 4�1 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. 2 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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, Count , State: Winchester, Frederick County, VA Latitude / Longitude: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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. s'Julia Klima Tribal Coordinator DEA: 22202012 4 §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. 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. 1 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 2 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 SenderTCS Anti-Phishing Security - never - - mails to your organization. Please be careful before replying or clicking on the URILs. 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 Theproject'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 partici ate in this project Other: i 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, Arnie Parra Administrative Assistant Monacan Indian Nation O: (434)363-4864 D: (434)300-5054 111 Highview Drive Madison Heights, VA 24572 2 •d 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@dvnamicenvironmental.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. 3 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: iklima@dvnamicenvironmental.com Website: http://DVnamicEnvironmental.com 4 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Branham Monacan Indian Nation -2- January 5, 2023 cultural significance to them may be affected by the undertakings. 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. l ,Julia Klima i Tribal Coordinator DEA: 22202012 s §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 Toll Free(877)968-4787 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Anderson Nansemond Indian Tribe -2- January 5, 2023 cultural significance to them may be affected by the undertaking'. 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. l ,Julia Klima i Tribal Coordinator DEA: 22202012 ' §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 Toll Free(877)968-4787 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Ms. Chapman Rappahannock Tribe -2- January 5, 2023 cultural significance to them may be affected by the undertaking'. 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. is WTJ ulia Klima iI Tribal Coordinator DEA: 22202012 ' §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 Toll Free(877)968-4787 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Adams The Upper Mattaponi Indian Tribe -2- January 5, 2023 cultural significance to them may be affected by the undertaking$. 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. l ,Julia Klima i Tribal Coordinator DEA: 22202012 s §106, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order. lE TA The Form 620 Submission Packet was included as an attachment to this letter. A copy of this document is included elsewhere in this report. Native American Tribal Referral Documentation DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 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 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 1 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. 2 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). 1 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. 2 NEPA Assessment x VI. FCC FORM 620 0 Z W a DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Z O H O Z I-81 Mini Storage Site 127 Mercedes Court Winchester, Frederick County, VA Site No.: VA031 HDEA No. 22202012 — J January 4, 2023 PREPARED FOR: H vp"" Diamond.. W Communications ~ 820 Morris Turnpike, Suite 104 Short Hills, NJ 07078 O V W W F9 W PREPARED BY: a W DYNAMIC ENVIRONMENTAL WASSOCIATES, INC. www.DynamicEnvironmentaI.com (877) 968-4787 Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 FCC Form 620 FCC Wireless Telecommunications Bureau Approved by OMB New Tower("NT") Submission Packet 3060-1039 Notification Date: 7AM EST 01/05/2023 See instructions for File Number: 0010338831 public burden estimates General Information 1) (Select only one) ( NE ) 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 File Number: currently on file. Applicant Information 3)FCC Registration Number(FRN): 0027173103 4)Name: Diamond Towers V, LLC (22202012) Contact Name 5)First Name: Donna 6)MI: 7)Last Name: Mele-Parolari 8)Suffix: 9)Title: Regulatory Compliance Analyst Contact Information 10)P.O. Box: 7nd 11)Street Address: 820 Morris Turnpike Suite 104 12)City: Short Hills 13)State: NJ 14)Zip Code: 07078 15)Telephone Number: (877)968-4787 16)Fax Number: 17)E-mail Address: Sec106@dynamicenvironmental.com Consultant Information 18)FCC Registration Number(FRN): 0012585485 19)Name: Dynamic Environmental Associates, Inc. Principal Investigator 20)First Name: Brian 21)MI: R 22)Last Name: Schneider 23)Suffix: 24)Title: Principal Archaeologist Principal Investigator Contact Information 25)P.O. Box: Zd26)Street Address: 3850 Lake Street Suite C 27)City: Macon 28)State: GA 29)Zip Code: 31204 30)Telephone Number: (877)968-4787 31)Fax Number: 32)E-mail Address: Sec106@DynamicEnvironmental.com 1 of 20 FCC Form 620 May 2014 Professional Qualification 33)Does the Principal Investigator satisfy the Secretary of the Interior's Professional Qualification Standards? T X )Yes ( )No 34)Areas of Professional Qualification: ( X ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other(Specify) Additional Staff 35)Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( X)Yes ( )No If"YES,"complete the following: 36)First Name: Jennifer 37)MI:L 38) Last Name: Boggs 39)Suffix: 40)Title:Architectural Historian 41)Areas of Professional Qualification: ( ) Archaeologist ( X ) Architectural Historian ( ) Historian ( ) Architect ( ) Other(Specify) 2 of 20 FCC Form 620 May 2014 Site Information Tower Construction Notification System 1)TCNS Notification Number: 260517 Site Information 2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( )Yes ( X )No 3)Site Name: 1-81 Mini Storage(VA031) 4)Site Address: 127 Mercedes Court 5)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 6)City: Winchester 7)State: VA 8)Zip Code: 22603 9)County/Borough/Parish: FREDERICK 10)Nearest Crossroads: Welltown Road 11)NAD 83 Latitude(DD-MM-SS.S): 39-13-06.6 ( X )Nor( )S 12)NAD 83 Longitude(DD-MM-SS.S): 078-08-21.8 ( )E or( X )W Tower Information 13)Tower height above ground level(include top-mounted attachments such as lightning rods): 42.7 ( )Feet ( X )Meters 14)Tower Type(Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( X ) Monopole ( ) Other(Describe): Project Status 15)Current Project Status(Select One): ( X ) 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: 3 of 20 FCC Form 620 May 2014 Determination of Effect 14)Direct Effects(Select One): ( ) No Historic Properties in Area of Potential Effects(APE) ( ) No Effect on Historic Properties in APE ( X ) 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) ( X ) 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 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Bad River Band of Lake Superior Tribe of Chippewa Indians Contact Name 5)First Name: Edith 6)MI: 7)Last Name: Leoso 8)Suffix: 9)Title: THPO Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Catawba Indian Nation Contact Name 5)First Name: Dr.Wenonah 6)MI: G 7)Last Name: Haire 8)Suffix: DMD 9)Title: THPO and Executive Director Dates& Response 10)Date Contacted 12/22/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 5 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Cherokee Nation Contact Name 5)First Name: Gwen 6)MI: 7)Last Name: Terrapin 8)Suffix: 9)Title: Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Chickahominy Indian Tribe Contact Name 5)First Name: Stephen 6)MI: 7)Last Name: Adkins 8)Suffix: 9)Title: Chief Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 6 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Cultural Heritage Partners Contact Name 5)First Name: Ellen 6)MI: 7)Last Name: Chapman 8)Suffix: 9)Title: Program Manager Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Delaware Nation Contact Name 5)First Name: Erin 6)MI: 7)Last Name: Paden 8)Suffix: 9)Title: Historic Preservation Director Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 7 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Eastern Shawnee Tribe of Oklahoma Contact Name 5)First Name: Kelly 6)MI: 7)Last Name: Nelson 8)Suffix: 9)Title: Cell Tower Coordinator Dates& Response 10)Date Contacted 12/22/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Monacan Indian Nation Contact Name 5)First Name: Kenneth 6)MI: W 7)Last Name: Branham 8)Suffix: 9)Title: Chief Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 8 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Nansemond Indian Tribe Contact Name 5)First Name: Keith 6)MI: 7)Last Name: Anderson 8)Suffix: 9)Title: Chief Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Pamunkey Indian Tribe Contact Name 5)First Name: Robert 6)MI: 7)Last Name: Gray 8)Suffix: 9)Title: Chief Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 9 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Prairie Island Indian Community Contact Name 5)First Name: Noah 6)MI: C 7)Last Name: White 8)Suffix: III 9)Title: THPO Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: The Upper Mattaponi Indian Tribe Contact Name 5)First Name: W. Frank 6)MI: 7)Last Name: Adams 8)Suffix: 9)Title: Chief Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 10 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations(NHOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APES for direct and visual ( X )Yes ( )No effects? 2a)Tribes/NHOs contacted through TCNS Notification Number: 260517 Number of Tribes/NHOs: 13 2b)Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Tuscarora Nation Contact Name 5)First Name: Bryan 6)MI: 7)Last Name: Printup 8)Suffix: 9)Title: TCNS Rep Dates& Response 10)Date Contacted 12/21/2022 11)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 11 of 20 FCC Form 620 May 2014 Other Tribes/NHOs Contacted Tri be/N H O 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: ,AO fd 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 Historic Properties Properties Identified 1)Have any historic properties been identified within the APES for direct and visual effect? ( X )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 ( X )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 ( X )No Historic Property 4)Property Name: Apple Pie Ridge/Second Winchester Battlefield 5)SHPO Site Number: 034-5023 roperoperty Address 6)Street Address: U.S. Route 522 7)City: Winchester 8)State: VA 9)Zip Code: 22603 10)County/Borough/Parish: FREDERICK Status& Eligibility 11)Is this property listed on the National Register? ( )yes ( X )No Source: 12)Is this property eligible for listing on the National Register? ( X )yes ( )No Source: V-CRIS 13)Is this property a National Historic Landmark? Yes No 14)Direct Effects(Select One): ( ) No Effect on this Historic Property in APE ( X ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15)Visual Effects(Select One): ( X ) 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 13 of 20 FCC Form 620 May 2014 Historic Properties Properties Identified 1)Have any historic properties been identified within the APES for direct and visual effect? ( X )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 ( X )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 ( X )No Historic Property 4)Property Name: Opequon Battlefield 5)SHPO Site Number: roperoperty Address 6)Street Address: Frederick Pike North U.S. Route 522 7)City: Winchester 8)State: VA 9)Zip Code: 22603 10)County/Borough/Parish: FREDERICK Status& Eligibility 11)Is this property listed on the National Register? ( )yes ( X )No Source: 12)Is this property eligible for listing on the National Register? ( X )yes ( )No Source: V-CRIS 13)Is this property a National Historic Landmark? Yes No 14)Direct Effects(Select One): ( ) No Effect on this Historic Property in APE ( X ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15)Visual Effects(Select One): ( X ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 14 of 20 FCC Form 620 May 2014 Local Government Involvement Local Government Agency 1)FCC Registration Number(FRN): 2)Name: City of Winchester Planning Contact Name 3)First Name: Tim 4)MI: 5)Last Name: Youmans 6)Suffix: 7)Title: Contact Information 8)P.O. Box: AOn-d 9)Street Address: Rouss City Hall 15 North Cameron Street,Suite 318 10)City: Winchester 11)State: VA 12)Zip Code: 22601 13)Telephone Number: (000)000-0000 14)Fax Number: 15)E-mail Address: timothy.youmans@winchesterva.gov 16)Preferred means of communication: ( )E-mail ( )Letter ( X )Both Dates& Response 17)Date Contacted 12/01/2022 18)Date Replied 12/02/2022 ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( X ) Replied/Other Timothy Youmans replied indicating that the city had no comment or objection to the proposed project. Additional Information 19)Information on local government's role or interest(optional): 15 of 20 FCC Form 620 May 2014 Local Government Involvement Local Government Agency 1)FCC Registration Number(FRN): 2)Name: Frederick County Historic Resources Advisory Board Contact Name 3)First Name: Maral 4)MI: 5)Last Name: Kalbian 6)Suffix: 7)Title: Contact Information 8)P.O. Box: AOn-d 9)Street Address: 107 N. Kent St. 10)City: Winchester 11)State: VA 12)Zip Code: 22601 13)Telephone Number: (000)000-0000 14)Fax Number: 15)E-mail Address: et 16)Preferred means of communication: ( )E-mail ( )Letter ( X )Both Dates& Response 17)Date Contacted 12/01/2022 18)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 19)Information on local government's role or interest(optional): 16 of 20 FCC Form 620 May 2014 Other Consulting Parties Other Consulting Parties Contacted 1)Has any other agency been contacted and invited to become a consulting party? (X )Yes ( )No Consulting Party 2)FCC Registration Number(FRN): 3)Name: Winchester-Frederick County Historical Society Contact Name 4)First Name: To Whom It 5)MI: 6)Last Name: May Concern 7)Suffix: 8)Title: Contact Information 9)P.O. Box: And 10)Street Address: Hollingsworth Mill 1340 S. Pleasant Valley Road 11)City: Winchester 12)State: VA 13)Zip Code: 22601 14)Telephone Number: (000)000-0000 15)Fax Number: 16)E-mail Address: Sec106@DynamicEnvironmental.com 17)Preferred means of communication: ( )E-mail ( X )Letter ( )Both Dates& Response 18)Date Contacted 12/01/2022 19)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 20)Information on other consulting parties'role or interest(optional): 17 of 20 FCC Form 620 May 2014 Other Consulting Parties Other Consulting Parties Contacted 1)Has any other agency been contacted and invited to become a consulting party? (X )Yes ( )No Consulting Party 2)FCC Registration Number(FRN): 3)Name: Virginia Museum of History and Culture Contact Name 4)First Name: To Whom It 5)MI: 6)Last Name: May Concern 7)Suffix: 8)Title: Contact Information 9)P.O. Box: PO Box 7311 //O�d 10)Street Address: 11)City: Richmond 12)State: VA 13)Zip Code: 23221 14)Telephone Number: (000)000-0000 15)Fax Number: 16)E-mail Address: Info@VirginiaHistory.org 17)Preferred means of communication: ( )E-mail ( )Letter ( X )Both Dates& Response 18)Date Contacted 12/01/2022 19)Date Replied ( X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 20)Information on other consulting parties'role or interest(optional): 18 of 20 FCC Form 620 May 2014 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: Virginia Department of Historic Resources 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: Brian MI: R Last Name: Schneider Suffix: Signature: Brian R Schneider Date: 01/04/2023 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 May 2014 Section 106 Review, FCC Form 620 Z W I. PERSONNEL RESUMES Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. DYNAMIC ENVIRONMENTAL VASSOCIATFS, INC. 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 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES,INC. 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 Section 106 Review, FCC Form 620 Z W II. ADDITIONAL SITE INFORMATION Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Z W III. TRIBAL INVOLVEMENT Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 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 1 4�4hfh1 � FEDERAL COMMUNICATIONS COMMISSION 4 ;�._ ; Wireless Telecommunications Bureau :u 1270 Fairfield Road Gettysburg,PA 17325-7245 NOTICE OF ORGANIZATION(S)WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION Date: 12/23/2022 DIAMOND TOWERSOLIA90 3850 LAKE STREET Reference Number: SUITE C MACON,GA 31204 Dear Applicant: Thank you for using the Federal Communications Commission's(FCC)Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS,which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail(letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VILA of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-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). Page 1 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 2 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 TONS,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 TONS,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. 700W Page 2 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 3 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: 186 1) -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: Page 3 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 4 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@ccpperafts.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- Ill 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 Page 4 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 5 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 VILA 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: Page 5 of 6 FCC 680 July 2018 Letter to Diamond Towers V LLC Dynamic Environmenta Associates Inc Date:12/23/2022 Page 6 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 r 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 kv, Wr County: FREDERICK Detailed Description of Project(Optional): The p^sedpr t will include the development of a new telecommunications tower facility,including a fenced pment 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,ple 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 0 ;0, 700W Page 6 of 6 FCC 680 July 2018 Section 106 Review, FCC Form 620 Z W IV. AREAS OF POTENTIAL EFFECT Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 Effect! 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). DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Z W 2 V. IDENTIFICATION OF HISTORIC PROPERTIES & v ASSESSMENT OF DIRECT EFFECTS 4 H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 Address NRHP Status Name 034-5023 Apple Pie U.S. Route 522 Eligible Ridge/West Fort Parcel Second Winchester Battlefield 034-0456 Opequon Frederick Pike North U.S. Route 522 Eligible Battlefield Third Battle of Winchester Site 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 Resource Determinati Explanation Photo ID Name on # 034-5023 Apple Pie No Adverse The proposed project location is 5-12 Ridge/West Effect within the boundaries of the historic Fort Parcel property. As a result, the historic Second resource is within the APE for Direct Winchester Effects. Based on past survey data, Battlefield the landscape encompassing the historic property has been significantly altered by modern development, including the area in DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 No Adverse The proposed project location is 5-12 Battlefield Effect within the boundaries of the historic Third Battle property. Resultingly, the historic of resource is within the APE for Direct Winchester Effects. Areas of the historic Site 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. 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 1/2-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 1/2-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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Z VI. IDENTIFICATION OF HISTORIC PROPERTIES & W ASSESSMENT OF VISUAL EFFECTS = V Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 Address NRHP Status Name 034-5023 Apple Pie U.S. Route 522 Eligible Ridge/West Fort Parcel Second Winchester Battlefield 034-0456 Opequon Frederick Pike North U.S. Route 522 Eligible Battlefield Third Battle of Winchester Site 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 Resource Determinatio Explanation Photo ID Name n # 034-5023 Apple Pie No Effect The proposed project location is 5-12 Ridge/West within the boundaries of the historic Fort Parcel property. As a result, the historic Second resource is within the APE for Visual Winchester Effects. Based on past survey data, Battlefield 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. 034-0456 Opequon No Effect The proposed project location is 5-12 Battlefield within the boundaries of the historic Third Battle property. Resultingly, the historic of resource is within the APE for Visual Winchester Effects. Areas of the historic Site 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 DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 Section 106 Review, FCC Form 620 Z W VII. LOCAL GOVERNMENT INVOLVEMENT V Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 Mr. Youmans City of Winchester Planning -2- December 1, 2022 Proposed Project The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment com ound 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 Julia Klima From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, December 2, 2022 10:02 AM To: SEC106 Subject: Re: DEA# 22202012 - 1-81 Mini Storage Site - City of Winchester Planning - Invitation to Comment Warning: Sender Timothy.Youmans@winchesterva.gov is not yet trusted by your organization. Please be careful before replying or clicking on the URLs. MM 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: iklima@dvnamicenvironmental.com Website: http://DynamicEnvironmental.com <22202012 - 106 - ITC-City- 120122.pdf> 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 - 1-81 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 1 Julia Klima From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> To: SEC106 Sent: Friday, December 2, 2022 10:00 AM Subject: Read: DEA# 22202012 - 1-81 Mini Storage Site - City of Winchester Planning - Invitation to Comment Your message To: Subject: DEA#22202012 - 1-81 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. 1 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment com ound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 1 Consultation Coordinator 22202012 12/l/22, 1:44 PM Email-Maral Kalbian I Frederick County Email - Maral Kalbian Thank you for contacting the Historic Resources Advisory Board. https://www.fcva.us/departments/planning-development/boards-committees/historic-resources-advisory-board/email-maral-kalbian 1/1 Section 106 Review, FCC Form 620 Z VIII. OTHER CONSULTING PARTIES & W PUBLIC INVOLVEMENT V Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 N390 13' 6.56", Longitude W780 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, Secl06@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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a Description: new telecommunications tower facility, including a fenced equipment compound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 12/1/22, 1:41 PM Contact Us I Winchester Frederick County Historical Society ��'(' tir�irsl�,•—f Jr'r^elrr•rr•�'�r•r�j � /'� HIST01MCAL SOCIETY �J MUSEUMS RESEARCH v EDUCATION WHO WE ARE `.`r^'TS CONTACT US 0 SUPPORT Winchester-Frederick County Historical Society Offices are located in Hollingsworth Mill 1340 S. Pleasant Valley Road Winchester, Virginia 22601 Phone: 540.662.6550 Send Us a Message Thanks for contacting us https://winchesterhistory.org/contact-us/ 1/2 12/1/22, 1:41 PM Contact Us I Winchester Frederick County Historical Society f 1 ©Winchester Frederick County Historical Society I All Rights Reserved I E&OE https://winchesterhistory.org/contact-us/ 2/2 DYNAMIC 1 ENVIRONMENTAL WASSOCIATES, INC. A PROFESSIONAL ENVIRONMENTAL CONSULTING FIRM 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: N390 13' 6.56" / W780 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 The proposed project will include the development of a new Description: telecommunications tower facility, including a fenced equipment compound and a 140' tall monopole tower. 3860 Lake Street, Macon,GA 31204 (478)745-7740 • Toll Free(877)968-4787 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 Secl06@DynamicEnvironmental.com, and/or via U.S. Mail. Your assistance is greatly appreciated. Very truly yours, Dynamic Environmental Associates, Inc. ,a Julia Klima Consultation Coordinator 22202012 PROOF OF PUBLICATION COPY OF ADVERTISEMENT WST Winchester Star Diamond Towers V LLC 106 Public Notice 112-8 Diamond Towers V LLC 106 Public Notice 112-8 httpsJbnp.navigahub:comlewlonpllocalstorage/ad"aterials/85138/insertlon 4.jpg SECUON 108 PIJ8UC NOTICE certify that the attachment hereto contains a true and pp.„,,,QeQ„,,, pW VUZ �� accurate copy of what was published in WST Winchester LLCm�m.e 9en Vl�ueaed a Daiepna N lie RNe w e daY1d- s4 Iv 1sYn¢ei Star in consecutive issues on the following dates: �� can=ac,i m a*am nu ''amc«mWW . mdal�� uRm.riel we Frd vdg'M v wi Yf wmllm[vMli a n` -dPu dePl4alind.Pa lhG h'mk[e+rd� . mien Pm CmewrlY.weV LLC e�eMppseNb 12/8/2022 CYIM A*kn ” ,85 cxlE Pert e�ail se maaa emu.b iavnme pe'I nIL rtq (e=9 Rem 11 XNnH kMa M asdkni %i PW wxyeadxx - W.1..s 1c Jun lira a[W0.M[ GA OIn41 mNOioe°ain"miiwoy rruw�nnrer0!`am�isarr'ic Affiant further says that That said newspaper was regularly ennro«uaeleun�wc�eamra:usvm,x issued and circulated on those dates. SIGNED: Au State of Virginia County of I MMMMW---: . � �Y�,ayss�praija� Si d and' m to a this 121812022. . NOTARY'.Cf,� PuiKiC t W _ REO.#Y8?135 ry Public My commission expires: LTH •I'�'lFi it 171L Customer No:101957 Affidavit Contact Name-Julia Klima Affidavit Contact Address:Dynamic Environmental Associates, Inc. 3850 Lake Street,Suite C Macon,GA 31204 jldima@dynamicenVironmental.com Affidavit Batch 10:813 Affidavit I❑-9958 Page 1 of 1 Section 106 Review, FCC Form 620 Z W IX. PHOTOGRAPHS V Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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. View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield 11 [034-5023] and the Opequon Battlefield Third Battle of Winchester Site [034- 0456], facing south. View of the Apple Pie Ridge/West Fort Parcel Second Winchester Battlefield 12 [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. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 jot y, r g�f�C� — �'"�j�"�' .°�. "<;'�_' +z�' y �P i .R!�fl.� � ,r'�I�°11'y F' �'�,j 6.`��-•—� I-'"rfLgzm ^ Vat r 5•" � pr x .�. 21 yJ v1;c, r� •,°�iS S ._ .;'y L,A`rf r "°,��.{y R � T .._r ��;;,,,,�,�e, �. _ 5�V-�k � —°''i.1'w +f 3� r•1U:1 �t - �' t a} � � �` :r t i . " 5. F �- • `� ^'� a F y'41 1 r � �J'�y i'' ri n Y " ° i z a� k q ,�+� � �fi"� � t. x F y�{-.. jr 5 �i'#�` < i�. _ � r.k.rr I.�F �.L � "�^ � A ��'r'S�"tis"'• mc:,{ i�r l�; kj,,s �+' ri _y _ AF a, , s _ t .. d# - _ k. .e,,+io$ • �.a !�? 'dllY +;wr I ek - �ti i YIF g 1{ L `.:,�..[ 7 7 " 71 i5 ss ot tr f a r 7 °r AMP A }6�J - f Of� 5 , il IL 0 so A I I Photo 9 - View of the proposed access route, facing north-northeast. � I .rtY Photo 10 - View of the proposed access route, facing south. DEA, Inc. 22202012 � a I 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. 9^f i • r 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. DEA, Inc. 22202012 Section 106 Review, FCC Form 620 Z W X. FIGURES Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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/ 1/2-Mile Visual APE 4 2017 Aerial Photograph w/ 1/2-Mile Visual APE 5 2019 Aerial Photograph 6 VA SHPO Map w/ 1/2 Mile Visual APE Site Plans DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012 . - ^ uorcu Syne Mita ¢� usa+� a �, �@^" .. .wl ♦~ ..SR 838 SITE +!a i %. y t S r � e if I le ; N ;11 W E 0.5 1.0 1.5 mi Scale 1,24000 1 inch = 2000 feet $ DYNAMIC Site Location Map ENVIRONMENTAL Section 106 Review ASSOCIATES, INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, NY ` iODiaxnond DEA No.: 22202012 Date: 12/08/2022 Figure No.: 1 For: Diamond a° as Existing Building m Existing U Building w Existing Paved Area I ' Existing Building Existing Paved ' Area O, ' Existing AT&T'Z—* Equipment I ' Proposed 22' access/utility easement Existing ' Existing Paved transmis- Area sion tower Existing Gravel Area Z- D D � I x W W m W U) W � w I Mercedes Court Existing N Existing Buildin Buildin 0000— — — Proposed 140'tall monopole Proposed W E 15'x 20' Proposed 1 00'x 25' lease equipment area/fence compound area S DYNAMIC Site Diagram ENVIRONMENTAL. Section 106 Review ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, NY Diamond DEA No.: 22202012 Date: 12/08/2022 Figure No.: 2 For: mmu� ,<��, 7.5 Minute Series,Winchester, VA(1997), 1 Scale 1:24,000 R - r Jil- a 7za '• i thb +� �' ISI l'� -�' •, 7_"{+� _ T7r. X8371 \. •m koo 'j / BM 1 Towera, All l f 1"� 6GI ' f'I- SITE ee �!sleTIR HANGS _%[ � ��y ;J �, _ �y: - �., s• e+ y•� `/}r� j fry+ I _�'�6b2� �.b' �v sta r +! I , �J � ,.. '`r'-T � �4'�crr j , `z, i,661�••''' �` r ,1.- I 'i * 4 EM 747 _'j 44 0.5 1.0 1.5 mi Scale 1:24000 1 inch = 2000 feet S rDYNAM1C USGS Topographic Map w/ '/2 Mile Visual APE 1 ENVIRONMENTAL Section 106 Review ASSOCIATES} INC 1-81 Mini Storage Site www.DynamicEnvironmental.com . (877) 968-4787 Frederick County, NY DimnvndDEA No.: 22202012 Date: 12/08/2022 Figure No.: 3 For: co�v m.� U'r Ile `r . 41� If lip • +I „ jp 4 r c F_ /4DYNAMIC 2017 Aerial Photograph ENVIRONMENTALSection • Review i Storage • FrederickCounty, NY 16 Emir r i via '� �,�, � •' . � , � _ � '�'{ it ". FA tr PIP s - i i# aF,4 / � Z Y , I P � WO �~ A K r. DYNAMIC 2019 Aerial Photograph ENVIRONMENTAL. Section 106 Review ASSOC[ATES,INC 1-81 Mini Storage Site www.DynamicEnvironmental.com • (877) 968-4787 Frederick County, NY ' Diamond DEA No.: 22202012 Date: 12/08/2022 Figure No.: 5 For: mmu� ,<•�• 14 4 Apple Pie Ridge/West Fort Parcel �. Second Winchester Battlefield ` 034-5023 - Third Battle of Winchester Site } ' Opequon Battlefield ° e L . }may �•. r�`. ,.. - �� '� } 3 4'1' 5 SIT -o 2 T• i d. s - L FF .f f f .6 i° 4-X456-00(* 1 4�1�56 - rti rw �.f s. r•"• ° 1 Legend Historic Disvim 10 All Other Arch leettire It mwurces IN E ArfAi tectum Labels Individual Hist-uric District Pioperli4, DYNAMIC VA SHPO Map w/ '/2 Mile Visual APE ENVIRONMENTAL Section 106 Review ASSOCIATES} INC. 1-81 Mini Storage Site www.DynamicEnvironmental.com - (877) 968-4787 Frederick County, NY 'Diamond DEA No.: 22202012 Date: 12/08/2022 Figure No.: 6 For: �o�vo.z odVKZLOZL\a600�5'u,ry�gy—tlAtLZOLZ�LZOL�sqo��uan�aLd\(lu;oa o��uiod)+ogdo4x3 u)oo'd@Amsjuiodojpod (M 60 - L6t�59SgL9 O ♦ Q o� 0ttlS95gL9 (d • 6KH Hd `4113 aaa}uouad z w z SOl _@IS `@OD i saouaanos 00 o Go S� �n®�S �� Q �� a > �Y 6 0 Z m � �� - ��ow IWOd 01 INION •� - wo 0 °mu00000000N ��03add3ed moans 3�odend�I�I�3ds, t RM L,-j oo R� — o a • • 3ccv l Z a U_ (C90VN)ddON VA In- eiaoN alas L - - ww Onend) c1 - dd 8 31 n 0 31V-L �1N1 9os� sos�sodsMe .c — x _ 428 00)lag 3Nn M.a - ILI ale � — w a s gQ W w 9 X m I, to aEI Jv J w o of a��Wvoo �, s O z "m J w Q Ci z-a m - 1N3W3Sd3 Sd9 o O 3iVNIXOOddV - os. x�—x X I - P/w LINE _ /7j w -, NLLJ N 4n SLI — xw �X Q g m ao Wpm � i Jzr w -22 - w = papo`� swo3w Z ®F- Eor o o mUM- 3p o o oo��=m CL �_o z =�wmo��J�=�=�mmw �_ o dEd...LL :''.W IB--.....-WoN,-, Wood)+o d,\.3 u)oo'd@Amsjuiodojpod (M Ed w 6 L6t�O9OgL9 0ttlO95gL9 (d •� O a � CD 69Z0� HO `4113 aaa}uouad g o z z SOl _@IS `asoaL Saouaanos OOl • e - zo Go w o IMOd 01 INION •. - S °mn00000000�°° N 03444344 AlAdns 3Soddnd OUD3ds, (m/d 0nand) t s) 3lnnc'l 31d1ScV31N) 3 NIZdMe ,b Ol 6<3> 3 (909,J 9091 Sod Z£8 00)]d9 ,9L a� f — Ti f 1 �I I JNcV� 97 fz _--- ___ LJ m � 11 I N i WE Or mO m ,� `� a�gWvoo^i`vi — .�` W m�ozo O w I I ooD �ox m i m 60o II I ss ooN,�o;� 0 z N ro N -- -ter—� �------ ---- ------------- d I �� I �o wj�w� I Av"' I � >� � vInw�� J mv� mo 0 w�m X wZW�vi c�� pT I m II X0000 z Q 714' �1Y� I �gi "912 X X X_30 N3X DOOM,9 I ✓ (� N h N xo' ' x ai N v LLmi�,r _ M N M i / _ — ——---__ -----------------1-- / o ----- i �f— 8 El vyK� ara '�sos? zi Z7 LLI Z o vi o viv�d�road i-i vi / xQ elp,a N N Oma£ <;> _ �o ill wo�o O W O w Or � jOzo� JZr i - U3 ia� mo 0~ r K g U Z O (sewN)uiaoN vn �n.o g a e)doN aids L6 Zaoo�o/' C-�� w mso�g pa3 mpm RUN, _ � _as ..wmo�,��3 �zaomw mem o d....LL :''.W IB—...... 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TOP OF ALL APPURTENANCES NOT FOR CONSTRUCTION ELEV-140.0 AGL PROPOSED 5' LIGHTING ROD PROPOSED TOP OF MONOPINE ELEV-135.0' AGL PROPOSED LESSEE ANTENNA PROPOSED LESSEE ANTENNAS ELEV-130.0' AGL (4) PER SECTOR - TOTAL OF (12) FUTURE LESSEE ANTENNA ELEV.=120.0' AGL FUTURE LESSEE ANTENNA ELEV.=110.0' AGL PROPOSED 135' MONOPOLE PROPOSED 8' BOARD-ON-BOARD FENCE GROUND ELEV.= O.O'AGL ELEVATION DIAMOND COMMUNICATIONS SUBMITTALS SITE INFORMATION SITE NAME: 1-81 MINI STORAGE REV DATE BY SITE VISIT BY:JB PRELIMINARY 08-12-21 JW LAT(NAD 83):39°13'06.56" Y©'TA�=ILY CONNUTIIED SITE ID: VA031 PRELIMINARY 08-23-21 JW LONG(NAD 83):-78°0821.78" 127 MERCEDES CT NB+C ENGINEERING SERVICES,I.I.C. WINCHESTER, VA 22603 ` s s FREDERICK COUNTY SHEET 3 Section 106 Review, FCC Form 620 Z W XI. BIBLIOGRAPHY V Q H H Q DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. Section 106 Review, FCC Form 620 Frederick County, VA I-81 Mini Storage Site 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 Resou rces. 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/VCP,IS/Account/Login?P,eturnUrl=%2fVCP,IS%. Accessed February 22, 2022. DYNAMIC ENVIRONMENTAL ASSOCIATES, INC. 22202012