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HomeMy WebLinkAboutPCAgenda2025May211.Call to Order 2.Pledge of Allegiance 3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 4.Meeting Minutes 4.A.March 19, 2025 Meeting Minutes 4.B.April 2, 2025 Meeting Minutes 5.Committee Reports 6.Citizen Comments 7.Public Hearings 7.A.Conditional Use Permit #02-23 for The Caterer, LLC (Arcola Towers) - (Mrs. Peloquin) Submitted to construct a 150' tall wireless telecommunications tower. The property is located at 1930 Front Royal Pike, Winchester and is identified with Property Identification Number 76-2-A in the Shawnee Magisterial District. 8.Action Items 8.A.Waiver #01-25 for MREC Shenandoah VA, LLC - (Mrs. Peloquin) AGENDA PLANNING COMMISSION WEDNESDAY, MAY 21, 2025 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC05-21-25MinutesMarch19.pdf PC05-21-25MinutesApril2.pdf PC05-21-25CUP02-23_Redacted.pdf PC05-21-25CUP02-23_Exhibits_Redacted.pdf 1 Submitted to waive Zoning Ordinance §165-202.04 requiring inter-parcel connections for a new Master Development Plan (MDP) submission. The properties included in the MDP are zoned R5 (Residential Recreational Community) District and are located south of Fairfax Pike (Route 277) and north of the existing Lake Frederick development in the Opequon Magisterial District. The properties are identified with Property Identification Numbers 87-A-102 and 87-A-103. 8.B.Waiver #02-25 for Storage Solutions CB, LLC - (Mrs. Peloquin) Submitted to waive the Subdivision Ordinance §144-24(C) requiring all lots to abut and have direct access to a public street or right-of-way maintained by VDOT. The +/- 27.12-acre property is zoned M1 (Light Industrial) District and is located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Brucetown Road (Route 672) in the Stonewall Magisterial District. The property is identified with Property Identification Number 33-2-A. 8.C.Waiver #03-25 for Glaize Development, Inc. - (Mrs. Feltner) Submitted to waive Zoning Ordinance §165-202.04 requirements for an inter-parcel connection. The inter-parcel connection is approved on an existing Master Development Plan (MDP) within the Raven Pointe Section 9 Subdivision. The properties included in the MDP are zoned RP (Residential Performance) District and are located south of Senseny Road and north of Millwood Pike (Route 50) in the Shawnee Magisterial District. The property is identified with Property Identification Number 64-A-119A. 9.Other 9.A.Current Planning Applications 10.Adjourn PC05-21-25Waiver01-25_Redacted.pdf PC05-21-25Waiver02-25_Redacted.pdf PC05-21-25Waiver03-25_Redacted.pdf 2 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Meeting Minutes Title: March 19, 2025 Meeting Minutes Attachments: PC05-21-25MinutesMarch19.pdf 3 Frederick County Planning Commission Page 4176 Minutes of March 19, 2025 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 19, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Jeff McKay, Back Creek District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Betsy Brumback, Back Creek District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the March 19, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the agenda for this evening’s meeting.. MINUTES Upon motion made by Commissioner Markert and seconded by Commissioner Kerns, the Planning Commission unanimously adopted the minutes from the January 15, 2025 and the February 19, 2025 meetings. ------------- 4 Frederick County Planning Commission Page 4177 Minutes of March 19, 2025 COMMITTEES Historic Resources Advisory Board – 2/21/25 Chairman Stowe reported, yearly elections were held. He continued, discussions were held for CUP #01-25 Vaucluse Holdings; the 522 Plaza rezoning; and the Historic Plaque program funds distribution. Board of Supervisors – 03/12/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board tabled REZ #11-24 for Route 7 Self Storage; approved REZ #01-25 for Neff Commercial Properties; and tabled and ordinance amendment for data centers. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering) Action – Recommend Approval Kayla Peloquin, Planner II, reported this application is submitted for a special event facility, restaurant, and a campground/resort on 44.25+/- acres. The property is located at 231 Vaucluse Spring Lane, Stephens City, and is in the Back Creek Magisterial District identified by Property Identification Number 84-A-53A. She shared a location map of the property. Mrs. Peloquin continued, this is a proposal for a special event facility with up to 40 events per year, maximum of 160 guests at each event, outdoor amplified music, and outdoor event concluded by 11:00 p.m.; 2 restaurants open to the public; campground/resort consisting of 12 new cabins, and to utilize existing structures as guest rooms; 124+/- new parking spaces to accommodate guests and 45+/- employees on rotating shifts; and a spa, art gallery, artist studio, party barn, pavilion, and pool are accessory uses. She noted, these are the Applicant’s proposals not conditions of the CUP. She shared a schematic design provided by the Applicant. Mrs. Peloquin explained, the Comprehensive Plan designates this property to remain rural. The proposed use is generally in conformance with the Comprehensive Plan. She concluded, Staff recommends tabling the application to allow the Applicant additional time to work with VDOT to find a solution to mitigate the proposed impacts. 5 Frederick County Planning Commission Page 4178 Minutes of March 19, 2025 The Planning Commission Members discussed the previously approved CUP #11-23, which allowed for one public restaurant and kitchen expansion in the Manor House, no new structures, and 12-15 special events per year with a maximum of 130 guest per event. VDOT comments on the previous CUP stated there would be “little measurable impact on Vaucluse Road and the entrance to the property would meet all entrance requirements when trees to the west were removed.” There was discussion by the Commission as to why VDOT did not express concern regarding Vaucluse Road during the previous CUP but is not supporting the proposed CUP as impacts would be too significant on Vaucluse Road. Mrs. Peloquin noted that the new proposal includes an increase in daily traffic to the site for the restaurants and additional cabins whereas the previous CUP would mainly have generated traffic sporadically during special events. She noted, VDOT must assume the worst case scenario from a trip generation perspective without the application narrative clearly limiting the uses to certain hours or days of the week. Planning Commission Members asked for clarification as to why this use was defined as a campground; Mrs. Peloquin stated that no tent camping or RV parking is proposed, but the addition of cabins falls under the campground definition and would require adherence to the additional regulations for campgrounds in §165- 204.03. The Applicant, Jan Van Haute, explained that his partners have been working to maintain the grounds and would like to add a second, more approachable restaurant in the Chumley House that would seat up to 30 people. He continued, the Manor House would be the fine dining restaurant that could seat 64 people maximum. Mr. Van Haute described other aspirations for the property including vegetable gardens and meadows with native wildflowers. He stated both restaurants would not be open 7 days a week, which would reduce the number of trips and that the 160 guest maximum does not mean most events will have that many guests. He stated he does not foresee the property generating 320-400 trips per day as indicated in VDOT’s comments. Some Planning Commission Members expressed support for the expanded business idea as it would be a benefit to the community. They shared their concerns with the VDOT comments and that VDOT may not have fully understood the application proposal and did not believe their comments regarding impact to the roadways are justified. The Planning Commission tabled the application until the next meeting on April 2, 2025 and left the public hearing open. Upon a motion made by Commissioner McKay and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission recommends tabling Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering) to the April 2, 2025 meeting with the public hearing being left open. (Note: Commissioner Brumback and Commissioner Aikens were absent from the meeting) Conditional Use Permit #02-25 for Russell Valley Farm, LLC (Pamela & Glen Russell) Action – Recommend Approval Amy L. Feltner, Planner I, reported this is a request submitted for a special event facility on 66.071+/- acres. The property is located on Apple Pie Ridge Road, south of Panarama Drive, Winchester, and is identified by Property Identification Number 32-A-52A in the Gainesboro Magisterial District. She shared a location map of the property. Mrs. Feltner continued, the Applicant proposes utilizing an existing 36’x108’ structure as a shelter for the event center on the parcel. The proposed structure will be equipped with heating and cooling. An existing paved driveway serves the facility off 6 Frederick County Planning Commission Page 4179 Minutes of March 19, 2025 Apple Pie Ridge Road. The special event facility will operate year-round, seven days a week, from 9 a.m. until 10 p.m. with a maximum capacity of 150 guests. An area for convenience inside the building will be provided for the use of caterers or for use by the guests for the service of food. Mrs. Feltner noted commercial equipment is prohibited inside the convenience area as per the Virginia Department of Health and the proposed drain field shall not be used by the patrons and the restroom provided should be for private use only as approved. She continued, on occasion the event facility will have DJ music. Mrs. Feltner concluded by sharing the following conditions as suggested by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operations are 9:00 a.m. to 10:00 p.m. daily. 3. A site plan shall be approved by Frederick County prior to the establishment of the uses. The site plan shall meet the requirements of the Frederick County Zoning Ordinance including the additional regulations for special event facilities in §165-204.30, entrance design (VDOT), and emergency access road (Fire) in §165-204.03. 4. Portable restroom facilities shall be provided for guests during events and removed thereafter. 5. No commercial equipment is permitted for food preparation. 6. The restroom is for private use and is not for use by patrons. 7. Special events may not exceed 150 guests. 8. Amplified outdoor music must be concluded by 10:00 p.m. 9. Any expansion or change of use shall require a new CUP. The Planning Commission discussed concerns about the potential access from the adjacent Panarama Drive, the entrance to the Glen Russell Subdivision. Mrs. Feltner stated access to the facility is provided by independent single access directly off Apple Pie Ridge Road and will not be accessed by Panarama Drive. The Planning Commission discussed measures for the impacts of noise, light, and total number of events. Amplified music was discussed, and the Applicant explained the possibility of outdoor weddings and similar events in warmer temperatures but certainly not for the event venue as a whole such as a concert. The Planning Commission inquired if the Applicant had considered prohibiting the service of alcohol. Considering most wedding events do have alcohol, such a restriction would deter individuals from renting the facility. The groups renting the facility would be responsible for the license and provisions of alcohol. A Planning Commission Members voiced that this was the responsibility of the attendees to be responsible and such. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. There were ten citizens that spoke against this application citing their concerns with: traffic and speeding on Apple Pie Ridge Road, noise levels from music, alcohol use, and the overall integrity of the area being diminished. One citizen spoke in favor of this application, stating this preserves a large piece of land that could otherwise be developed, and the application has met all the criteria. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Pam Russell, the Applicant/Owner came forward and addressed questions and concerns. She stated the entrance to the facility will be moved per VDOT requirements. They will not be applying for a liquor license, and the renters may bring their own. In regards to noise, she cannot guarantee this; they already have large family functions and noise has never been an issue. She noted, she and her family are trying to keep this a farm rather than a subdivision. The Planning Commission requested the annual events not to exceed 100 and the music be limited to inside the facility. Upon a motion made by Commissioner Whitacre and seconded by Commissioner DeHaven with changes to the conditions; all amplified music indoors and limit of 100 events per year 7 Frederick County Planning Commission Page 4180 Minutes of March 19, 2025 BE IT RESOLVED the Frederick County Planning Commission recommends approval of Conditional Use Permit #02-25 for Russell Valley Farm, LLC (Pamela & Glen Russell). Yes: McKay, Bottorf, Markert, Thomas, Kozel, Kerns, DeHaven, Whitacre, Stowe No: Brannon, Sneddon (Note: Commissioner Brumback and Commissioner Aikens were absent from the meeting) Comprehensive Plan Amendment (CPPA #01-24 for Appleland Properties) Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this proposal includes revisions to the area plan text to speak to the development of residential (age-restricted) in the Bartonsville South sub-area, connectivity to residential development within the limits of the Town of Stephens City, and extensive buffering and screening along Opequon Creek and historic areas to the north (Bartonsville). Revisions to the transportation network include modifications to planned future major collector roadway across the subject properties including removing connections to the north and east that connected the Town of Stephens City to Springdale Road and the plan text changes. Mr. Klein shared the history of this application to include a joint work session on August 14, 2024; The CPPC reviewed and amended on November 18, 2024; The Planning Commission held a public hearing on January 15, 2025 and recommended approval; The Board of Supervisors held a public hearing on February 12, 2025 and the request was denied and directed the item be sent back to the Planning Commission for further review. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two members of the public spoke in support of the proposed CPPA noting the compatibility with the Town of Stephens City and the historic rural estates to the north. One member of the community spoke to request denial of this application. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner McKay and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Comprehensive Plan Amendment (CPPA #01-24 for Appleland Properties). (Note: Commissioner Brumback and Commissioner Aikens were absent from the meeting) ------------- OTHER Mr. Logan Thomas, representing Carmuese gave a brief presentation on the progress they have made on site and the upcoming improvements being made. Chairman Stowe thanked him for this, noting the importance of keeping everyone in the community informed. 8 Frederick County Planning Commission Page 4181 Minutes of March 19, 2025 ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomass to adjourn the meeting. This motion was seconded by Commissioner Kozel and unanimously passed. The meeting was adjourned at 9:15 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Meeting Minutes Title: April 2, 2025 Meeting Minutes Attachments: PC05-21-25MinutesApril2.pdf 10 Frederick County Planning Commission Page 4182 Minutes of April 2, 2025 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 2, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Elizabeth D. Kozel, Shawnee District; Jeff McKay, Back Creek District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the April 2, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the agenda for this evening’s meeting.. ------------- 11 Frederick County Planning Commission Page 4183 Minutes of April 2, 2025 COMMITTEES Development Review & Regulations Committee – 3/27/25 Commissioner Kerns reported that the committee discussed an ordinance amendment for back yard chickens in the RA. This will be coming forward for public hearing. City of Winchester – 4/1/25 Commissioner Mayfield reported the commission held a work session and discussed multiple conditional use permits. Board of Supervisors – 3/26/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board denied a Comprehensive Plan Amendment for Appleland; REZ #11-24 for Route 7 Self Storage was postponed to the April 23rd Board meeting; and an ordinance amendment for Data Centers was discussed and sent forward for public hearing. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Rezoning #02-25 for Stephenson Depot Commercial (Croatan Capital II, LLC) Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request to rezone 5.78+/- acres from B2 (General Business) and M1 (Light Industrial) Zoning Districts to B2 (General Business) Zoning District, with proffers, to enable commercial development. He shared a locations map and zoning map of the property. Mr. Klein continued, proposed rezoning partially implements Comprehensive Plan policy specific to business uses envisioned in this area of the County. Gas station with convenience, included in the proffered permitted use list, is not typically associated with “anchor retail” as envisioned in the Comprehensive Plan. He noted, this use may be appropriate given the sites crossroads location. The Plan also identifies transportation improvements in the vicinity of the subject property. The proffer statement includes improvements to serve the proposed development and for the future condition of the adjoining roadways. He shared, the proposal is fully consistent with the planned improvements in the Comprehensive Plan. Mr. Klein shared the proffers statement for this proposal and a GDP (Generalized Development Plan). 12 Frederick County Planning Commission Page 4184 Minutes of April 2, 2025 The primary discussion among the Planning Commission Members was allowed uses and it was noted that having a permitted use list rather than a prohibited use list was preferred to ensure Plan policy specific to retail at the intersection was implemented. Chris Mohn, representing the Application came forward and noted the Applicant’s willingness to further amend the proffers to specify what uses would be allowed on the property. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. One member of the public spoke, noting they were not in favor or opposed to the proposed rezoning and expressing a desire to have uses allowed that harmonized with surrounding residential uses and would not adversely impact traffic and congestion at the intersection of Old Charles Town Road and Martinsburg Pike. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner DeHaven and seconded by Commissioner Kerns BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Rezoning #02-25 for Stephenson Depot Commercial (Croatan Capital II, LLC) (Note: Commissioner McKay and Commissioner Kozel were absent from the meeting) Conditional Use Permit #03-25 for Ehsan Yousefie (Famili Ventures, LLC) Action – Recommend Denial Amy L. Feltner, Planner I, reported this is a proposal for a slaughterhouse, farm market, and an event center on 45.96+/- acres. The property is located at 686 Shady Elm Road, Winchester VA, and is identified by Property Identification Number 74-A-67 in the Back Creek Magisterial District. She shared a locations map and zoning map of the property. She shared the proposed features provided by the Applicant (these are not conditions) for the event center: operate year round, seven days a week from 7:00 a.m. to 10:00 p.m.; maximum of 150 guests; guests can provide catered food and amplified music; portable restrooms provided; no employees. Proposal for the off-premise Farm Market are operating year round, Tuesday through Sunday from 10:00 a.m. to 6:00 p.m.; maximum of 40-60 guests daily; fresh meats, wholesale items, and locally handcrafted crafts/jewelry; one employee. The proposal for the slaughterhouse/butcher shop is not open to the public; open year round, Wednesday through Sunday from 10:00 a.m. to 6:00 p.m., and one employee. The proposal for the Public Picnic Area is to provide 6-8 picnic tables and stationary grills for patrons with a maximum of 30 table/grill stations total over time and open seasonal, daily. A sketch was provided by the Applicant of the proposal. Mrs. Feltner presented the conditions as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be approved by Frederick County prior to the establishment of the use. 3. The Slaughterhouse and Farm Market is limited to two employees not residing on the premises. 4. The hours of operation for the Slaughterhouse are limited to 10:00 a.m. to 6:00 p.m., Wednesday through Sunday. 5. The hours of operation for the Farm Market are limited to 10:00 a.m. to 6:00 p.m., Tuesday through Sunday and a maximum of 40-60 customer daily. 13 Frederick County Planning Commission Page 4185 Minutes of April 2, 2025 6. The hours of operation for the Special Event Facility are limited to 7:00 a.m. to 10:00 p.m., daily and a maximum of 150 attendees. 7. Portable restrooms shall be provided for guests during special events and removed thereafter. 8. Public Picnic Area is seasonal from May 1st to October 31st, annually. Temporary (portable) restrooms shall be provided for use by the customers and removed after each season. The location of the restroom facility shall be located on the site plan. 9. Slaughterhouse and associated processing operations shall be approved by the Virginia Department of Agricultural Consumer Services – Meat and Poultry Division. Approval letter shall be provided prior to approval of the site plan. 10. Amplified outdoor music shall conclude by 10:00 p.m. 11. Public access for the CUP is restricted to Shady Elm Road only. Use of Soldiers Rest Lane is prohibited. 12. Any expansion or change of use shall require a new CUP. The Planning Commission discussed concerns about how the governing body would enforce the activities and customer/patron limitations. Wyatt G. Pearson, Planning Director advised that the Zoning Ordinance is complaint driven and once a complaint is received, spot visits would be conducted, as well as any additional means at Staff’s disposal to ensure the limitations were being adhered to. Clarification was requested on the residency of the owner. The owners have been making repairs necessary to the future business for the last two years. The future plan is to reside on the farm once the repairs are completed, and the business operations are approved through the conditional use process. Currently, the applicants need to travel between their current residence in Maryland to the farm. Questions related to the slaughterhouse centered around types of animals, waste disposal, and concurrent business operations on the farm. Animals would be permitted to be delivered to the slaughterhouse from outside the farm for processing under the conditional use permit, but the applicant verified that the types of animals were primarily sheep and chickens and desired only to process animals raised on the farm and not outside processing. The Planning Commission discussed the available parking facilities in relation to the various businesses proposed on the farm and inquired as to how the applicant would regulate concurrent activities. This matter was discussed at length. The event center and the outside amplified noise were discussed. The Zoning Ordinance in the RA (Rural Area) does not restrict decibel limitations. The Planning Commission specifically asked the applicant if removing the outside amplified music could be considered. The applicant explained that the request for seven days a week, 7 a.m. to 10 p.m., though broad in scope, did not intend on operating the event center continuously. However, the Planning Commission noted that if approved, approval would allow the business to be conducted on those days/times. The Picnic area was discussed, and clarification providing that camping was not within the Applicants’ proposal and was not permitted. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Several adjacent residents spoke in opposition to the proposal. Some residents contested the possibility of being subjected to the noise from the special event facility, in addition to the already existing noise projected from an approved event center 1.5 miles away. A few residents voiced concern that the Zoning Ordinance stipulates the intent to promote the health, safety, and general welfare of the residence but the proposed use was an incompatible land use; the proposed intended use did not fit with the surrounding residential uses. Additional concern was raised with traffic, the lack of a traffic analysis, heavy transport vehicles by the slaughterhouse, environmental concerns related to the slaughterhouse, and the long-term consequences of the negative impacts that the proposed use would provide for the area residents. Some residents questioned the Virginia Health Departments comment that prohibited the “cleaning, wash water, butchering, or processing of animals” to add to the existing drain 14 Frederick County Planning Commission Page 4186 Minutes of April 2, 2025 field. Others were concerned about the slaughterhouse waste, rendering company’s reliability, and the possibility that slaughterhouse waste may be stationed on the farm for several days between pickups. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. The Planning Commission stated that the business plan appeared too broad for the various dissimilar activities without management and/or the involvement of a professional planner. The slaughterhouse, though relatively small in size, coupled with the event center operations, needs a professional to develop the business plan for the operations to be less obtrusive to the surrounding area and the residential neighborhoods. The proposed operation resembled more of a business than a farm and leans more toward a rezoning than a conditional use permit according to Planning Commissioner comments. Conservation of farmland is preferred, and the subject property is the preservation tract resulting from a previous rural preservation subdivision and would not be permitted to be further subdivided. Upon a motion made by Commissioner Brumback and seconded by Commissioner Brannon BE IT RESOLVED the Frederick County Planning Commission unanimously recommends denial of Conditional Use Permit #03-25 for Ehsan Yousefie (Famili Ventures, LLC) (Note: Commissioner McKay and Commissioner Kozel were absent from the meeting) Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering) Action – Recommend Approval Kayla Peloquin, Planner II, reported this is a request submitted for a special event facility, restaurant, and campground. The property is located at 515 Vaucluse Spring Lane, Stephens City and is identified by Property Identification Number 84-A-53A in the Back Creek Magisterial District. She presented a location map of the property. The proposal provided by the Applicant includes: A special event facility (up to 40 events/year, maximum of 160 guests at events, outdoor amplified music to conclude by 11:00 p.m.); 2 restaurants open to the public; A campground/resort (12 new cabins, utilize existing structures as guest rooms); 124+/- new parking spaces to accommodate guests and 45+/- employees on rotating shifts; A spa, art gallery, artist studio, party barn, pavilion, and pool are accessory uses. She noted, these are the Applicant’s proposal and not conditions. Mrs. Peloquin compared the conditions of the previous CUP #11-23 to the proposal of the new application. She continued, the Comprehensive Plan designates this property to remain rural. The proposed use is generally in conformance with the Plan. Mrs. Peloquin presented the conditions as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan meeting all requirements of the Zoning Ordinance, including additional regulations for Special Event Facilities (§165-204.30) and Campgrounds (§165-204.03), shall be approved by Frederick County prior to establishment of the uses. 3. Tractor truck trailer deliveries to the property are prohibited except during construction and renovations. 4. Special events may not exceed 160 guests. 5. A maximum of 40 special events may be held per year. 15 Frederick County Planning Commission Page 4187 Minutes of April 2, 2025 6. Both restaurants may be open to the public on the same day for a maximum of four (4) days per week. Both restaurants may be open to guests staying on the property seven (7) days per week. 7. Amplified outdoor music shall conclude by 11:00 p.m. 8. Approval of this CUP #01-25 will void and replace previous CUP #11-23. 9. Any expansion or change of uses shall require a new CUP. Mrs. Peloquin noted the Planning Commission held a public hearing on March 19, 2025 at which time the application was tabled. The Planning Commission asked questions about the restrictions on tractor truck trailer deliveries, the amplified outdoor music, and VDOT’s comments. Staff noted that after reviewing the conditions, VDOT responded that they do limit some potential for increased traffic, however their overall position stays the same that the proposal will negatively impact conditions on Vaucluse Road. Marissa Whitacre of Greenway Engineering, representing the Applicant confirmed that VDOT does not plan on changing their grading schedule for Vaucluse Road, which is currently done four times a year, and the road is not currently planned for improvements. A Planning Commission member suggested that 11:00 p.m. seems late for outdoor amplified music; the Applicant agreed to change the condition to conclude the music by 10:00 p.m. Mr. VanHaute, the Applicant confirmed the condition limiting tractor truck trailer deliveries to the property will not cause challenges. He noted that previous experience working with small vendors and other local sources do not require tractor trailer deliveries. Mr. Pearson reiterated that the Applicants have been working with VDOT to try to find a solution and Staff feels the proposed conditions are a good compromise. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. One resident spoke in support of the Application. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering) (Note: Commissioner McKay and Commissioner Kozel were absent from the meeting) ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomass to adjourn the meeting. This motion was seconded by Commissioner Brumback and unanimously passed. The meeting was adjourned at 9:05 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 16 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Public Hearings Title: Conditional Use Permit #02-23 for The Caterer, LLC (Arcola Towers) - (Mrs. Peloquin) Attachments: PC05-21-25CUP02-23_Redacted.pdf PC05-21-25CUP02-23_Exhibits_Redacted.pdf 17 CONDITIONAL USE PERMIT #02-23 The Caterer LLC (Arcola Towers) 150’ Monopole Wireless Telecommunications Tower Staff Report for the Planning Commission Prepared: May 7, 2025 Staff Contact: Kayla Peloquin, Planner II Executive Summary: Meeting Schedule Planning Commission: May 21, 2025 Action: Pending Board of Supervisors: June 11, 2025 Action: Pending Property Information Property Identification Number (PIN) 76-2-A Address 1930 Front Royal Pike Magisterial District Shawnee Acreage +/- 2.03 acres Zoning & Present Land Use Zoning: B1 (Neighborhood Business) Land Use: Catering Business Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) District Land Use: Residential South: RA (Rural Areas) District Land Use: Residential East: RA (Rural Areas) District Land Use: Agricultural/Residential West: RA (Rural Areas) District Land Use: Residential Proposed Use The applicant proposes a 150’ monopole wireless telecommunications tower. Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) March 10, 2023 Site access being upgraded for catering business, no objection to the CUP. Frederick-Winchester Health Department February 23, 2023 No comments or objections. 18 Page 2 of 5 Frederick County (FC) Public Works March 3, 2023 Prior to site development, a land disturbance permit, erosion and sediment control plan, and stormwater plan may be required. FC Inspections February 24, 2023 Tower must comply with Virginia Uniform Statewide Building Code. Special inspection requirements apply. FC Fire Marshal March 1, 2023 Approved. Winchester Regional Airport March 30, 2023 Proposed development subject to an open Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) study for radio frequency interference. Any requirements of the study should be incorporated as a condition and provided to the Airport. If there are any changes to the maximum height of the structure, coordinate with airport management. Frederick Water March 1, 2023 No comments. City of Winchester February 23, 2023 No comments. Historic Resources Advisory Board (HRAB) March 24, 2023 Recommended working with VA Department of Historic Resources (DHR) to fund a replacement of previously existing sign near the intersection of Front Royal Pike and West Parkins Mill Road that explains the historical significance of the parking Mill Battery and Frederick Hall. Planning & Zoning: Application Proposal: The application proposes a 150’ monopole wireless telecommunications facility by Arcola Towers for T-Mobile. The tower would be located within a 1,346 square foot (SF) fenced compound consisting of 8’ tall chain link fence with privacy slats. The applicant has provided a letter certifying the fall radius of 75’ from a certified Professional Engineer. Staff Analysis: §165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the Planning Commission and Board shall consider the following standards when considering Conditional Use Permits: 19 Page 3 of 5 A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. • The property for the proposed tower is a commercial property within a predominantly rural and agricultural area with single family detached residences on large lots. There are overhead utility lines along Front Royal Pike (Route 522) and a nearby wastewater treatment facility. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. • The proposed CUP will be visible from surrounding properties and may alter the visual landscape. C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this chapter. • The proposed location is within the proposed limits of the Senseny/Eastern Frederick Urban Area Plan (SEFUAP) within the Comprehensive Plan. The long-range land use is planned as high-density residential. The property is located just outside the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Given that the County envisions this area as high-density residential, the proposed tower may be appropriate to provide service to the many potential future residents in this area. • The subject property is located in the Frederick Hall/Parkins Mill Battery Possible Historic District (SEFUAP, pg. 15). The HRAB noted the existing overhead utility lines and presence of other modern infrastructures compromise the historic integrity of the possible historic district. • The Public Facilities chapter of the Comprehensive Plan includes a broadband and telecommunications section with a goal to “promote the development of a high-quality wireless telecommunications network throughout the County to serve its residents, while protecting the County’s visual landscape, historic resources, and natural resources.” (pg. 82). The proposed tower follows the implementation strategy to “Support and facilitate the development of high-speed wired and wireless telecommunication networks, including broadband technology, to support rural businesses and residents” (pg. 82). D. The conditional use shall not adversely affect the natural character and environment of the County. • The facility will be constructed with grey galvanized steel in conformance with §165- 204.19(C)(3)(e) to mitigate visual impacts. • Trileaf Corporation prepared a NEPA (National Environmental Policy Act) Report in conformance with FCC (Federal Communications Commission) regulations and determined that “preparation and filing of an Environmental Assessment will not be required and no further NEPA-related action is required for the proposed undertaking” (NEPA Report, pg. 5). Therefore, no potential environmental impacts from the proposed project were identified that warranted further study. 20 Page 4 of 5 E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • Review agencies have not indicated any concerns with adequate facilities to serve the proposed use. Public works will require various plans and permits prior to construction to address land disturbance and drainage. F. The conditional use shall conform with all applicable regulations of the district in which it is located. • The Zoning Ordinance includes additional regulations for commercial telecommunications facilities in §165-204.19. • §165-204.19(C)(3)(a) allows the Board of Supervisors, in granting the CUP, to “reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03B(8) of this Code if the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence.” o The fall zone of 75’ is not more than half the total height of the tower (150’), which meets this requirement. • §165-204.19(C)(2)(b)[1] and §165-204.19(C)(2)(b)[2] state that a map depicting the search area used in siting the proposed facility or structure must be included in the CUP application along with identification of all service providers and commercial telecommunications facility within the search area per Code of Virginia §15.2-2316.4:2(D). The Code of Virginia does not include a specific search radius; it only references the “availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations.” A search radius of 1 mile was utilized and no facilities were found within the 1-mile radius. Recommendation: Should the Planning Commission find the use to be appropriate, staff would suggest the following conditions for the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 150’ in height. 3. The tower shall be available for co-locating personal wireless service providers. 4. A minor site plan meeting all requirements of the Zoning Ordinance, including additional regulations for commercial telecommunications facilities (§165-204.19) shall be approved prior to establishment of the uses. 21 Page 5 of 5 5. In the event a telecommunications tower is not constructed within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following a public hearing, staff are seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this CUP application. 22 £¤522 76 2 A 2018FRONT ROYALPIKE 2030FRONTROYAL PIKE 2018FRONT ROYALPIKE 2111FRONT ROYALPIKE 2261FRONTROYAL PIKE 118HANOVERIAN CT 351W PARKINSMILL RD 1908FRONTROYAL PIKE 1910FRONTROYAL PIKE 1910FRONT ROYALPIKE 1854FRONT ROYALPIKE W PARKINS MILL RDFRONTROYAL PIKEApplication Sewer and Water Service A rea Parcels B1 (Neighborhood Business District) RP (Residential Per form ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 3, 2025 £¤522 £¤522 £¤522 FALABELLA DR CLYDESDALE DRAEROBICDR DARTMOORDR SQUIRELNBRABANT DRANDALUSIANCTLAREDOCTFRONT ROYAL PIKECAMARUGE CTW P A R K IN S M IL L R D 0 140 28070 Feet CUP # 02 - 23: The Caterer, LLC (Arcola Towers)PIN: 76 - 2 - A150' Monopole Wireless Telecommunications TowerZoning Map CUP #02-23 23 £¤522 76 2 A 2018FRONT ROYALPIKE 2030FRONTROYAL PIKE 2018FRONT ROYALPIKE 2111FRONT ROYALPIKE 2261FRONTROYAL PIKE 118HANOVERIAN CT 351W PARKINSMILL RD 1908FRONTROYAL PIKE 1910FRONTROYAL PIKE 1910FRONT ROYALPIKE 1854FRONT ROYALPIKE W PARKINS MILL RDFRONTROYAL PIKEApplication Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 3, 2025 £¤522 £¤522 £¤522 FALABELLA DR CLYDESDALE DRAEROBICDR DARTMOORDR SQUIRELNBRABANT DRANDALUSIANCTLAREDOCTFRONT ROYAL PIKECAMARUGE CTW P A R K IN S M IL L R D 0 140 28070 Feet CUP # 02 - 23: The Caterer, LLC (Arcola Towers)PIN: 76 - 2 - A150' Monopole Wireless Telecommunications TowerLocation Map CUP #02-23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Exhibit 1 Subject Property Photos 51 52 53 54 55 56 57 58 59 60 61 62 63 Exhibit 2 Site Plans and Drawings 64 150 Discovery Lake Dr, Fayetteville, GA 30215 (770) 461-0563 kpac0@bellsouth.net Site ID: Parkins Mill August 6, 2022 To Whom It May Concern: On August 6, 2022, I personally conducted an evaluation of a proposed telecommunications site for Arcola Towers, LLC. The study was to determine if the proposed structure would create any adverse effect on navigable airspace. The site is located near Winchester, Virginia at 39° 06’ 33.80” North and 78° 09’ 23.11” West (NAD 83). The site elevation is 648’ above mean sea level (AMSL). The proposed structure height is 150’ above ground level (AGL) or 798’ AMSL. Part 77 of the Federal Air Regulations and Part 17 of the FCC Rules and Regulations were used as the primary reference for this evaluation. The closest public use or DOD landing surface is Runway 32 at Winchester Regional Airport. The distance to the runway is 1.94 nautical miles on a true bearing of 206.65° from the runway. The proposed 150’ AGL (798’ AMSL) structure would not exceed any FAR Part 77 or FCC Part 17 notice requirement and, therefore, notice to the FAA is not required for this structure. If filed, the 150’ AGL structure should be approved by the FAA. Normally, structures that do not require notice to the FAA do not require marking and/or lighting. Private use landing facilities and AM broadcast stations are not a factor for this study. For additional information or questions about this study, contact my office anytime. Sincerely, Ken Patterson KP15878 Ken Patterson Airspace Consulting, Inc. www.airspace-ken.com 65  39 06 33.80 / 78 09 23.11 00850 66 Exhibit 3 Coordination Letters 67 ff\ARCOLA \jft)TOWERS Arcola Towers: Parkins Mill Alternative Candidate Analysis Arcola Towers submits this document to address alternative candidates it considered during its selection process. AT&T has a specific search ring in an area along the intersection of Front Royal Pike and Parkins Mill Road with a requested antenna centerline of 150 ft. Existing Structures in the Search Ring Arcola Towers was able to confirm there are no existing towers, or other structures closer to 150 ft. in height within the specified 1 mile search ring, nor within a reasonable distance outside of the search ring. Existing Structures outside of the Search Ring Arcola Towers then located that there are no existing tower locations within 1 mile as shown on the attached map in a 1 mile radius: Arcola Towers, LLC J.. 112 West Washington Street #201 J.. Middleburg, VA 20117 A (571) 895-3990 68 This map illustrates a 1 mile radius from the proposed search ring center, and as shown on the map, there are no existing towers within that radius. The closest tower is  miles to the South of the search ring and will not cover the intended area. Conclusion As noted above, there are no existing structures of sufficient height within the described search ring, and as noted above, the closest existing tower to the Search Ring Center is 1.32 miles away and too far to cover T-Mobile's intended coverage area. Arcola has leased a property from a willing landlord whose property will be developed in accordance to Frederick County regulations. is true and correct: Arcola Towers, LLC J.. 112 West Washington Street #201 J.. Middleburg, VA 20117 J.. (571) 895-3990 69 Exhibit 4 Conceptual Drawings 70 RF EMISSIONS COMPLIANCE REPORT Prepared for: $UFROD7RZHUV Site: Parkins Mill 1930 Front Royal Pike Winchester, VA 39.1093727778, -78.1564700000 September 22, 2022 This site will be in compliance with FCC Regulations and MPE Limits: T-Mobile Is 1.09% of General Population (GP) Limit (0.218% of Occupational (Occ) Limit) 7430 New Technology Way Suite 150 Frederick, MD 21703 (703) 596-1022 Phone www.waterfordconsultants.com Control # 96081 &HUWLILFDWLRQ ,KDYHUHYLHZHGWKLV5)(PLVVLRQV DVVHVVPHQWUHSRUWDQGEHOLHYHLWWREHERWK WUXHDQGDFFXUDWHWRWKHEHVWRIP\ NQRZOHGJH Analysis completed using Waterford's NIERTool© software Only clients and client representatives are authorized to provide input data through the Waterford web portal. In securing that authorization, clients and client representatives warrant the accuracy of all input data. Waterford Consultants, LLC attests to the accuracy of the engineering calculations. Waterford also attests that the results of those engineering calculations are correctly summarized in this report. Copyright 2005-2019 NIERTool.com, LLC. All rights reserved 71 RF EMISSIONS COMPLIANCE STATEMENT Site: Parkins Mill 1930 Front Royal Pike Winchester, VA Compliance Statement Subject site COMPLIES with Radiofrequency Radiation Exposure Limits of 47 C.F.R. §§ 1.1307(b)(3) and 1.1310. Ground Level Site Summary Predicted cumulative RF power density at ground level as a percentage of the FCC General Population limits. This result is the sum of the maximum ground level MPE for each RF emitter by band of operation. Sites below 100% are in full compliance. Source Predicted Power Density, % of Limit (GP) T-Mobile 600 MHz 0.093 % T-Mobile 700 MHz 0.086 % T-Mobile 2500 MHz 0.693 % T-Mobile 1900 MHz 0.096 % T-Mobile 2100 MHz 0.122 % T-Mobile 11000 MHz 0.000 % Sum of Listed Sources 1.090% Page 1 of 30 - Control # 96081 72 RF Alerting Signage 7KH:DUQLQJ5)VLJQVKRXOGEHSRVWHGDWWKHODVWDFFHVVLEOHDUHDEHIRUHVRPHRQHFDQSRWHQWLDOO\HQWHUDQDUHDWKDW FDQFDXVHH[SRVXUH,WVKRXOGEHSODFHGDQGDWWKHEDVHRIWKHFHOOWRZHU Page 2 of 30 - Control # 96081 73 Technical Framerwork: Basis for Compliance Statement The compliance framework is derived from the Federal Communications Commission (FCC) Rules and Regulations for preventing human exposure in excess of the applicable Maximum Permissible Exposure (“MPE”) limits listed in Table 1 of 47 C.F.R. § 1.1310. Calculations using input data provided to Waterford by client or client's representative numerically confirm the subject site can operate at a 100% duty cycle without exceeding the FCC MPE limits in areas of uncontrolled access. At this site, the radio frequency (RF) power density resulting from each transmitter at any location may be expressed as a percentage of the frequency-specific limits and added to determine if 100% of the exposure limit has been exceeded. The FCC Rules define two tiers of permissible exposure differentiated by the situation in which the exposure takes place and/or the status of the individuals who are subject to exposure. General Population / Uncontrolled exposure limits apply to those situations in which persons may not be aware of the presence of electromagnetic energy, where exposure is not employment related, or where persons cannot exercise control over their exposure. Occupational / Controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure. Based on the criteria for these classifications, continuous exposure to RF power density levels below the FCC General Population limits is not hazardous. The FCC General Population limits are 5 times more restrictive than the Occupational limits.. Frequency (MHz) Limits for General Population/ Uncontrolled Exposure Limits for Occupational/ Controlled Exposure Power Density (mW/cm2) Averaging Time (minutes) Power Density (mW/cm2) Averaging Time (minutes) 30-300 0.2 30 1 6 300-1500 f/1500 30 f/300 6 1500-100,000 1.0 30 5.0 6 In situations where the predicted MPE exceeds the General Population threshold in an accessible area because of emissions from multiple transmitters, FCC licensees that contribute greater than 5% of the aggregate MPE share responsibility for mitigation. For any location where radiofrequency (RF) power densities exceed 100% MPE of the General Population limits, access controls with appropriate RF alerting signage must be available to be visible upon approach from any direction to provide notification of potential conditions within these areas. Subject to other site security requirements, occupational personnel should be trained in RF safety and equipped with personal protective equipment (e.g. RF personal monitor) designed for safe work in the vicinity of RF emitters. Waterford Consultants, LLC recommends that any work activity in these designated areas or in front of any transmitting antennas be coordinated with the wireless operators. Page 3 of 30 - Control # 96081 74 Predictive Modeling Based on the computational guidelines set forth in FCC Office of Engineering and Technology, Bulletin 65 ("OET65"), Waterford Consultants, LLC has developed software to predict the overall MPE possible at any particular location given the spatial orientation and operating parameters of multiple RF sources. These theoretical results represent worst-case predictions as emitters are assumed to be operating at 100% duty cycle. The tabular analysis in this report calculates the spatial peak power density produced at ground level from each RF emitter. The far field power density in milliWatts per square centimeter is expressed as Sff = 33.4 x ERP / R2 where ERP is the Effective Radiated Power along a specific azimuth in Watts and R is the distance from the antenna radiation center in meters. The antenna manufacturer’s horizontal and vertical radiation patterns have been considered in determining the ERP in any direction. This computation is based on the maximum ERP and includes a 1.6-fold increase in field strength due to ground reflection. The result provides a conservative estimate of spatially averaged power density at ground level and may be higher than predicted MPE in the graphical plots described below. As the limits are frequency dependent, the contribution of any RF source at a specific location may be expressed as a percentage of the FCC General Population MPE limits at the associated operating frequency. The percentage contributions from all RF sources are added to determine the overall exposure level. If this result is less than 100%, the predicted cumulative exposure level is below the General Population limits set forth in the FCC Rules. The cumulative MPE depicted on the summary page is the summation of maximum MPE values for each emitter regardless of antenna orientation. A graphical plot of calculated spatially averaged RF power density, based on the Cylindrical Model as described in OET65, predicts spatially averaged MPE conditions at areas in near proximity to the antenna. In the vertical display, predicted MPE is depicted at the center of the 6 ft vertical zone that a person could occupy. Page 4 of 30 - Control # 96081 75 Qualifications of Waterford With more than 100 team-years of experience, Waterford Consultants, LLC [Waterford] provides technical consulting services to clients in the radio communications and antenna locating industry. Waterford retains professional engineers who are placed in responsible charge of the processes for analysis. Waterford is familiar with 47 C.F.R. § § 1.1307(b)(3) and 1.1310 along with the general Rules, Regulations and policies of the FCC. Waterford work processes incorporate all specifications of FCC Office of Engineering and Technology, Bulletin 65 ("OET65"), from the website: www.fcc.gov/oet/rfsafety and follow criteria detailed in 47 CFR § 1.1310 "Radiofrequency radiation exposure Limits". Within the technical and regulatory framework detailed above, Waterford developed tools according to recognized and generally accepted good engineering practices. Permissible exposure limits are band specific, and the Waterford computerized modeling tools correctly calculate permissible exposure based on the band(s) specified in the input data. Only clients and client representatives are authorized to provide input data through the Waterford web portal. In securing that authorization, clients and client representatives attest to the accuracy of all input data. Waterford Consultants, LLC attests to the accuracy of the engineering calculations computed by those modeling tools. Furthermore, Waterford attests that the results of those engineering calculations are correctly summarized in this report. Page 5 of 30 - Control # 96081 76 Antenna Inventory #Operator Make Model Freq (MHz) Az (deg) Tilt (deg) HorBW (deg) Ant (ft) TPO (w)Paths Loss (db) Ant Gain Radiated Power (W) RC AGL (ft) 1 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 600 600 70 0 67 7.992 60 4 0 12.95dBd 4733.810 ERP 145 2 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 600 600 190 0 67 7.992 60 4 0 12.95dBd 4733.810 ERP 145 3 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 600 600 330 0 67 7.992 60 4 0 12.95dBd 4733.810 ERP 145 4 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 700 700 70 0 62 7.992 40 4 0 13.65dBd 3707.830 ERP 145 5 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 700 700 190 0 62 7.992 40 4 0 13.65dBd 3707.830 ERP 145 6 T-Mobile RFS APXVAALL24 43-U-NA20 02DT 700 700 330 0 62 7.992 40 4 0 13.65dBd 3707.830 ERP 145 7 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 TMO 2500 70 0 63 2.858 80 1 0 15.55dBd 4709.060 EIRP 145 8 T-Mobile Ericsson SON_AIR6419 TB 05.17.22 3500 AT&T 2500 70 0 13 2.428 240 1 0 23.45dBd 87107.410 EIRP 145 9 T-Mobile Ericsson SON_AIR6419 TB 05.17.22 3500 AT&T 2500 190 0 13 2.428 240 1 0 23.45dBd 87107.410 EIRP 145 10 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 TMO 2500 190 0 63 2.858 80 1 0 15.55dBd 4709.060 EIRP 145 11 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 TMO 2500 330 0 63 2.858 80 1 0 15.55dBd 4709.060 EIRP 145 12 T-Mobile Ericsson SON_AIR6419 TB 05.17.22 3500 AT&T 2500 330 0 13 2.428 240 1 0 23.45dBd 87107.410 EIRP 145 13 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 70 0 63 4.56 60 4 0 15.8dBd 14964.250 EIRP 145 14 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 70 0 63 4.56 7.5 4 0 15.8dBd 1870.530 EIRP 145 15 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 190 0 63 4.56 7.5 4 0 15.8dBd 1870.530 EIRP 145 16 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 190 0 63 4.56 60 4 0 15.8dBd 14964.250 EIRP 145 17 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 330 0 63 4.56 7.5 4 0 15.8dBd 1870.530 EIRP 145 18 T-Mobile COMMSCOPE VV-65A-R1 00DT 1900 1900 330 0 63 4.56 60 4 0 15.8dBd 14964.250 EIRP 145 19 T-Mobile COMMSCOPE VV-65A-R1 00DT 2100 2100 70 0 66 4.56 40 4 0 16.43dBd 11533.570 EIRP 145 20 T-Mobile COMMSCOPE VV-65A-R1 00DT 2100 2100 190 0 66 4.56 40 4 0 16.43dBd 11533.570 EIRP 145 21 T-Mobile COMMSCOPE VV-65A-R1 00DT 2100 2100 330 0 66 4.56 40 4 0 16.43dBd 11533.570 EIRP 145 22 T-Mobile COMMSCOPE VHLP3-11W_A 11000 241 0 2 2.986 0.2 1 0 38.4dBi 1383.160 EIRP 145 Page 6 of 30 - Control # 96081 77 ELEVATION DETAIL [Predicted MPE depicted at the center of the 6 ft vertical zone that a person could occupy Page 7 of 30 - Control # 96081 78 TOP DOWN DETAIL Page 8 of 30 - Control # 96081 79 GROUND LEVEL MPE BY RF EMITTER The maximum ground level MPE along the azimuth of orientation for each RF emitter by band of operation is listed below. The computational approach is described in the Predictive Modeling section. The maximum MPE by operator and band is contributive to the cumulative ground level MPE summary table presented above. T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 600 70° Sector Maximum Exposure Limit - 600 MHz Limit (GP):400.000 µW/cm^2 ERP Height Downtilt (Watts)4733.810 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.373 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.093 % Page 9 of 30 - Control # 96081 80 T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 600 190° Sector Maximum Exposure Limit - 600 MHz Limit (GP):400.000 µW/cm^2 ERP Height Downtilt (Watts)4733.810 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.373 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.093 % Page 10 of 30 - Control # 96081 81 T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 600 330° Sector Maximum Exposure Limit - 600 MHz Limit (GP):400.000 µW/cm^2 ERP Height Downtilt (Watts)4733.810 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.373 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.093 % Page 11 of 30 - Control # 96081 82 T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 700 70° Sector Maximum Exposure Limit - 700 MHz Limit (GP):466.000 µW/cm^2 ERP Height Downtilt (Watts)3707.830 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.401 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.086 % Page 12 of 30 - Control # 96081 83 T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 700 190° Sector Maximum Exposure Limit - 700 MHz Limit (GP):466.000 µW/cm^2 ERP Height Downtilt (Watts)3707.830 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.401 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.086 % Page 13 of 30 - Control # 96081 84 T-Mobile Parkins Mill RFS - APXVAALL24 43-U-NA20 02DT 700 330° Sector Maximum Exposure Limit - 700 MHz Limit (GP):466.000 µW/cm^2 ERP Height Downtilt (Watts)3707.830 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.401 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.086 % Page 14 of 30 - Control # 96081 85 T-Mobile Parkins Mill ERICSSON - SON_AIR6419 NR MACRO 2500 TMO 70° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)4709.060 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.713 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.171 % Page 15 of 30 - Control # 96081 86 T-Mobile Parkins Mill ERICSSON - SON_AIR6419 NR MACRO 2500 TMO 190° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)4709.060 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.713 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.171 % Page 16 of 30 - Control # 96081 87 T-Mobile Parkins Mill Ericsson - SON_AIR6419 TB 05.17.22 3500 AT&T 70° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)87107.410 (feet)145.000 (Degrees)0 Maximum power density at ground level:6.926 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.693 % Page 17 of 30 - Control # 96081 88 T-Mobile Parkins Mill Ericsson - SON_AIR6419 TB 05.17.22 3500 AT&T 190° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)87107.410 (feet)145.000 (Degrees)0 Maximum power density at ground level:6.926 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.693 % Page 18 of 30 - Control # 96081 89 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 70° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)14964.250 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.965 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.096 % Page 19 of 30 - Control # 96081 90 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 330° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)14964.250 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.965 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.096 % Page 20 of 30 - Control # 96081 91 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 190° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)1870.530 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.121 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.012 % Page 21 of 30 - Control # 96081 92 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 2100 190° Sector Maximum Exposure Limit - 2100 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)11533.570 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.218 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.122 % Page 22 of 30 - Control # 96081 93 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 2100 330° Sector Maximum Exposure Limit - 2100 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)11533.570 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.218 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.122 % Page 23 of 30 - Control # 96081 94 T-Mobile Parkins Mill COMMSCOPE - VHLP3-11W_A 241° Sector Maximum Exposure Limit - 11000 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)1383.160 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.002 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.000 % Page 24 of 30 - Control # 96081 95 T-Mobile Parkins Mill ERICSSON - SON_AIR6419 NR MACRO 2500 TMO 330° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)4709.060 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.713 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.171 % Page 25 of 30 - Control # 96081 96 T-Mobile Parkins Mill Ericsson - SON_AIR6419 TB 05.17.22 3500 AT&T 330° Sector Maximum Exposure Limit - 2500 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)87107.410 (feet)145.000 (Degrees)0 Maximum power density at ground level:6.926 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.693 % Page 26 of 30 - Control # 96081 97 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 190° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)14964.250 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.965 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.096 % Page 27 of 30 - Control # 96081 98 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 2100 70° Sector Maximum Exposure Limit - 2100 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)11533.570 (feet)145.000 (Degrees)0 Maximum power density at ground level:1.218 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.122 % Page 28 of 30 - Control # 96081 99 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 70° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)1870.530 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.121 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.012 % Page 29 of 30 - Control # 96081 100 T-Mobile Parkins Mill COMMSCOPE - VV-65A-R1 00DT 1900 330° Sector Maximum Exposure Limit - 1900 MHz Limit (GP):1000.000 µW/cm^2 EiRP Height Downtilt (Watts)1870.530 (feet)145.000 (Degrees)0 Maximum power density at ground level:0.121 µW/cm^2 Highest percentage of Maximum Exposure Limit:0.012 % Page 30 of 30 - Control # 96081 101 Exhibit 5 Memorandum of Community Meeting 102 103 104 Exhibit 6 Site Aerial 105 6100 Executive Blvd., Suite 430 Ɣ Rockville, MD 20852 Ɣ Tel: 202.408.0960 September 21, 2022 Ms. Kristen Stelzer Arcola Towers PO Box 2150 Middleburg, VA 20118 Re:Proposed 150’ Monopole for Parkins Mill, Winchester, VA Site Dear Ms. Stelzer, The monopole for this site shall be designed in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-H “Structural Standard for Antenna Supporting Structures and Antennas” by a tower manufacturer to meet a 75 ft fall radius. When designed according to this standard, the wind pressures and steel strength capacities include several safety factors, resulting in an overall minimum safety factor of 25%. 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, resulting in the portion of the monopole above leaning over and remaining in a permanently deformed condition. The monopole shall be designed such that a shaft section will buckle before any other section on the monopole to result in a fall zone of 75 ft Please note that this letter only applies to the above referenced monopole. Sincerely, Camille Shabshab, PE Vice President 106 Exhibit 7 Visual Impact & Photo Simulations 107 108 109 110 Exhibit 8 Search Ring 111 112 113 Exhibit 9 South Carolina Historical & Architectural Survey 114 115 Exhibit 10 Wetlands & Waters Letter 116 List of Adjacent Property Owners Name and Property Identification Number Address Name Jaclyn C. Balancia Property # 76 A 18 1908 Front Royal Pike Winchester, VA 22602 Name Brenda Gail Bonnett Property # 76 A 19 2018 Front Royal Pike Winchester, VA 22602 Name Frederick County School Board of Virginia Property # 76 A 94 PO Box 3508 Winchester, VA 22604 Name Fort Hill Farm LP Property # 76 A 968 1669 Front Royal Pike Winchester, VA 22602 117 Exhibit 11 Community Meeting Memorandum from Planning Commission Chair 118 NEPA Report December 2, 2022 Parkins Mill 1930 Front Royal Pike Winchester, Frederick County, VA 22602 Trileaf # 708222 Prepared By: Trileaf Corporation 8600 LaSalle Road, Suite 301 Prepared For: Arcola Towers 112 W Washington^ƚƌĞĞƚ, Suite 210 Middleburg, VA 20117 Towson, MD 21286 119 NEPA Report Summary Site Name/Location: Parkins Mill/ Trileaf # 708222 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 06’ 33.74” N, Longitude: 78° 09’ 23.29” W Project Description: Arcola Towers proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. 1. Is the facility located in an officially designated wilderness area? [47 CFR 1.1307 (a)(1)] Yes No Data Sources: Site Reconnaissance Review of 7.5-Minute USGS Topographic Map (Appendix B) National Wilderness Preservation System Website (www.wilderness.net) 2. Is the facility located in an officially designated wildlife preserve? [47 CFR 1.1307 (a)(2)] Yes No Data Sources: Site Reconnaissance Review of 7.5-Minute USGS Topographic Map (Appendix B) US Fish & Wildlife Service National Wildlife Refuge System Map (Appendix B) 3. Will the facility: (i) affect listed threatened or endangered species or designated critical habitats; or (ii) jeopardize the continued existence of any proposed endangered or threatened species; or is it likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973? [47 CFR 1.1307 (a)(3)] Yes No Data Sources: Site Reconnaissance Review of US Fish & Wildlife Service Critical Habitat and Federally Listed Endangered Species (Appendix D) Informal Biological Assessment (Appendix D) VA conservation agency 4. Will the facility affect districts, sites, buildings, structures, or objects significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing on the State or National Registers of Historic Places? [47 CFR 1.1307 (a)(4)] Yes No Data Sources: Site Reconnaissance Cultural Resource Investigation (Appendix E) State Historic Preservation Office Section 106 Review (Appendix E) 5. Will the facility affect an Indian religious site? [47 CFR 1.1307 (a)(5)] Yes No Data Sources: Site Reconnaissance Correspondence with Native American Tribes via FCC TCNS (Appendix F) Review of Bureau of Indian Affairs Indian Reservation Map (Appendix B) 6. Will the facility be located in a "floodplain", and not be placed at least one (1) foot above the base flood elevation of the floodplain? [47 CFR 1.1307 (a)(6)] Yes No Data Sources: Review of FEMA Flood Map (Appendix B) 7. Will the construction of the facility involve significant change in surface features (e.g. wetland fill, deforestation, or water diversion)? [47 CFR 1.1307 (a)(7)] Yes No Data Sources: Site Reconnaissance Review of 7.5-Minute USGS Topographic Map (Appendix B) Review of US Fish & Wildlife Service National Wetlands Inventory Map (Appendix B) Review of USDA NRCS Web Soil Survey Map (Appendix B) 8. Will the antenna tower or supporting structure be equipped with high intensity white lights and located in a residential neighborhood, as defined by the applicable zoning law? Yes No Data Sources: Construction Drawings (Appendix A) It is assumed that clients will not utilize high intensity white lights in residential areas 9. Will the facility cause human exposure to levels of radiofrequency radiation in excess of Commission-adopted guidelines? Yes No Data Sources: Construction Drawings (Appendix A) and/or interviews with clients Clients will comply with the established criteria regarding radio frequency exposure limits, as established at the time of this report 120 December 2, 2022 Signature Date Kayla Lauer Trileaf Corporation Name Company 121 Arcola Towers – Parkins Mill 1 NEPA Report Introduction Trileaf Corporation (Trileaf) completed a NEPA Review for the above-referenced Arcola Towers (Arcola Towers) site. The purpose of a NEPA Review is to comply with the National Environmental Policy Act (NEPA) of 1969. Trileaf performed extensive research by consulting with appropriate state and federal agencies and reviewing readily available published lists, files, data, and maps to provide our clients with a complete NEPA document. The following summarizes the scope of work Trileaf performed in accordance with the Federal Communications Commission’s (FCC’s) rules implementing NEPA (47 CFR Section 1.1307 (a) (1) through (8) to determine whether any of the below listed FCC special interest items would be affected by the proposed action. Referenced materials are included as attachments, where applicable and available. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed project site is located at approximately 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 at 39° 06’ 33.74” North latitude and 78° 09’ 23.29” West longitude. During Trileaf’s site reconnaissance, it was observed that the site is currently cleared land, and the areas surrounding the site are currently agricultural development, residential development and commercial properties. 1. Will the facility be located in an officially designated wilderness area? Trileaf reviewed the USGS 7.5-minute topographic map titled “Stephens City” Quadrangle, VA and information from the National Wilderness Preservation System (NWPS) (http://www.wilderness.net) to determine if the site is located within an officially designated wilderness area. There are currently twenty-four (24) officially designated wilderness areas in the State of VA. The closest wilderness area to the project site is the Shenandoah Wilderness Area, which is located approximately 18 miles south of the project site. Based on this review, the project site is not located within an officially designated wilderness area. 2. Will the facility be located in an officially designated wildlife preserve? Trileaf reviewed the USGS 7.5-minute topographic map titled “Stephens City” Quadrangle, VA, and information from the National Wildlife Refuge (NWR) System (http://www.fws.gov/refuges) to determine if the site is located within an officially designated wildlife preserve or refuge. Based on this review, the project site is not located within an officially designated wildlife preserve or refuge. A copy of the NWR System map is located in Appendix B. 122 Arcola Towers – Parkins Mill 2 3. Will the facility (i) affect listed threatened or endangered species or designated critical habitat; or (ii) likely jeopardize the continued existence of any proposed endangered or threatened species or likely result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973? The Endangered Species Act (ESA) of 1973 (16 U.S.C. §§ 1536), as amended, protects endangered and threatened species and the ecosystems upon which they depend. As interpreted and implemented by 50 CFR 402, Section 7 of the ESA directs Federal agencies, in consultation with and with the assistance of the Secretary of the Interior, to utilize their authorities to further the purposes of the ESA. It also requires every Federal agency to ensure that any action it authorizes, funds or carries out, is not likely to jeopardize the continued existence of any endangered or threatened species or results in the destruction or adverse modification of critical habitat. On August 24, 2022, a Trileaf representative visited and photographed the project site to conduct an Informal Biological Assessment (IBA). In addition, Trileaf reviewed the United States Fish and Wildlife Service (USFWS) critical habitat information and determined that the site is not located within designated critical habitat. Based on the results of our assessment, impacts to listed and/or proposed, threatened and endangered species or critical habitats resulting from the proposed action are not anticipated. Therefore, Trileaf determined that the proposed project site will have “no effect” on the species, their habitats, or designated critical habitats. Copies of the IBA and critical habitat review are located in Appendix D. FEDERAL On October 13, 2022, Trileaf reviewed the Section 7 Consultation guidance set forth by the USFWS – Virginia Ecological Services Field Office. According to guidance obtained on October 13, 2022, “no further consultation or coordination is necessary for projects where the Federal action agency or non-federal project proponent has determined that proposed project activities will have no effect on federally listed species.” Agency concurrence with a no effect determination is not required under the Endangered Species Act and will not be provided by the Virginia Field Office. Therefore, as Trileaf determined the project would have no effect on listed or proposed threatened or endangered species or critical habitats, no further consultation with the USFWS was required. The certification letter provided by USFWS is valid for one (1) year from the date of the letter (October 18, 2022). A copy of the USFWS’ Section 7 guidance is located in Appendix D. STATE On October 18, 2022, Trileaf submitted project information to the Virginia Department of Wildlife Resources (DWR) and Virginia Department of Conservation and Recreation (DCR). Based on previous correspondence with the DWR “Due to staffing limitations, we are unable to review and provide comments on projects that are not currently involved in one of the regulatory review processes for which we are a formal consulting agency”. On November 16, 2022, the DCR responded, “The current activity will not affect any documented state-listed plants or insects.” The VA DCR indicates that as new and updated information is continually added to Biotics, the project should be re-submitted if the scope of the project changes and/or six months passes before the information is utilized (November 16, 2022). A copy of the MDC response is located in Appendix D. 4. Will the facility affect districts, sites, buildings, structures, or objects significant in American history, architecture, archeology, engineering, or culture that are listed, or are eligible for listing, in the National Register of Historic Places? Trileaf referred to Section 106 of the National Historic Preservation Act (NHPA) of 1966 as amended (16 U.S.C. §§ 470 et seq.), the Advisory Council on Historic Preservation (ACHP) implementing regulations (36 CFR Part 800) and the Nationwide Programmatic Agreement (NPA) for Review of Effects on Historic 123 Arcola Towers – Parkins Mill 3 Properties for Certain Undertakings Approved by the Federal Communications Commission dated September 2004 to determine if the project site is contained in, on, or within the viewshed of a building, site, district, structure, or object, significant in American history, architecture, archaeology, engineering, or culture, that is listed, or eligible for listing on the National Registers of Historic Places, or located in or on an Indian Religious Site. A search of the National Historic Landmarks (NHL), National Register of Historic Places (NRHP), State Historic Preservation Office (SHPO) files, and a field survey was conducted by Ms. Sara McLaughlin Secretary of Interior-qualified Architectural Historian and Ms. Lauren Gryctko, Secretary of Interior- qualified Archaeologist contracted by Trileaf through Johnson, Mirmiran & Thompson, to identify any cultural resources within the area of direct effects and within a 0.50-mile radius for visual effects. It was determined that there were no historic properties identified within the Area of Potential Effects (APE) for direct effects, and no adverse effect to historic properties identified within the APE for visual effects. Additionally, the identification process did not locate archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs. Documentation of these reviews was submitted to the SHPO via Form 620 on October 7, 2022. The SHPO concurred that the proposed undertaking would have no historic properties in the direct APE and no adverse effect to historic properties in the visual APE in a response letter dated November 14, 2022. A copy of the SHPO concurrence letter, Form 620, and associated documents are located in Appendix E. On September 26, 2022, the Frederick County, Virginia – Historic Resource Advisory Board and the Winchester – Frederick County Historical Society were notified of the proposed project and invited to comment on the proposed project’s potential effect on Historic Properties as well as indicate whether they are interested in consulting further on the proposed project. Additionally, a legal notice regarding the proposed telecommunications tower construction was posted in the Winchester Star on September 28, 2022. No comments from the local government, historical society, or legal notice have been received by Trileaf. Copies of the correspondence and legal notice are located in Appendix E. NATIONAL SCENIC TRAILS On October 5, 1999, the Cellular Telecommunications Industry Association, Personal Communications Industry Association, Appalachian Trail Conference, American Hiking Society, and representative Managing and Supporting Trails Organizations (MSTOs) for the National Scenic Trails signed a resolution for the Siting of Wireless Telecommunications Facilities Near National Scenic Trails. This resolution states that if a wireless telecommunications or site management company plans a new or significantly expanded facility within one mile of a National Scenic Trail, it will notify the non-profit group that supports the trail. In order to determine if the site is located within one mile of a National Scenic Trail, Trileaf reviewed information from the National Park Service (NPS) National Trails System created by the National Trails System Act of 1968. Based on this review, the project site is not located within 1 mile of a National Scenic Trail. A copy of the trails map is located in Appendix B. 5. Will the facility affect any Indian religious sites? Trileaf referred to Section 106 of the National Historic Preservation Act (NHPA) of 1966 as amended (16 U.S.C. §§ 470 et seq.), the Advisory Council on Historic Preservation (ACHP) implementing regulations (36 CFR Part 800) and the Nationwide Programmatic Agreement (NPA) for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission dated September 2004 to determine if the project site is located in or on an Indian Religious Site. 124 Arcola Towers – Parkins Mill 4 On September 12, 2022, Trileaf submitted project information through the Tower Construction Notification System (TCNS) to the FCC who initiated contact with the tribes on September 16, 2022. As of December 2, 2022, all tribes have confirmed clearance either directly or by default via the FCC referral process. Trileaf determined that the subject Property is not located on or near a Native American Religious or Sacred Site. However, if archaeological remains or resources are unearthed during construction activities, Trileaf recommends that the client stop construction and notify our office immediately. Tribal consultation documentation and associated correspondence is located in Appendix F. 6. Will the facility be located in a floodplain and not be placed at least one (1) foot above the base flood elevation of the floodplain? Trileaf reviewed the relevant Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel #51069C0350E, dated January 29, 2021, to determine if the project was located within the 100-year floodplain. Trileaf determined that the property is located in Zone X, areas determined to be outside the 500-year floodplain. Therefore, the project site is not located within a 100-year floodplain. A copy of the FEMA FIRM showing the project site location is located in Appendix B.. 7. Will the construction of the facility involve significant change in surface features (e.g. wetland fill, deforestation, or water diversion)? Trileaf determined through site reconnaissance, review of the relevant USGS 7.5-minute topographic map titled “Stephens City” Quadrangle, VA, and review of the relevant USFWS National Wetlands Inventory Map (http://www.fws.gov/wetlands/Data/Mapper.html) that there are no federally designated wetlands on or in the immediate vicinity of the proposed project site. Trileaf’s site assessment did not reveal any evidence of potential wetlands or hydrophytic vegetation located on or in the immediate vicinity of the project site. Additionally, a review of the United States Department of Agriculture (USDA) Soil Survey (http://websoilsurvey.sc.egov.usda.gov) did not indicate hydric soils at the project site. Based on this review, no designated wetland areas were located within the vicinity of this project and no significant changes in surface features resulting from the proposed undertaking are anticipated. Copies of the soil map and wetlands map are located in Appendix B. 8. Zoning/High Intensity White Lights/Radio Frequency As a standard practice, Arcola Towers does not construct facilities requiring high intensity white lights that are to be located in residentially zoned neighborhoods. According to Arcola Towers, high intensity white lights will not be used for towers less than 500 feet in height. 9. Radio Frequency FCC licensees transmitting from antennas mounted on Arcola Towers owned antenna structures will comply with the established criteria regarding radio frequency exposure limits in accordance with the 125 Arcola Towers –Parkins Mill5 Second Report and Order, as well as the FCC Code of Federal Regulations [47 CFR § 1.1307, § 1.1310] published at the time of this report. Conclusion A NEPA Review of the proposed undertaking was performed by Trileaf Corporation in conformance with the FCC rules and regulations for implementing NEPA; 47 CFR 1.1301 to 1.1319. Based on data obtained during the Site visit, consultation with government agencies, and a review of readily available information from other sources, the preparation and filing of an Environmental Assessment will not be required and no further NEPA-related action is required for the proposed undertaking. Qualifications Kayla Lauer Assistant Project Manager Brooks Thacker Group Manager 126 Appendix A Site Plans 127 128 129 130 131 132 133 134 135 136 137 138 Appendix B Site Maps 139 Stephens City Quadrangle, Virginia (2019) Contour Interval = 10 Feet Latitude: 39°06’ 33.74” N, Longitude: 78° 09’ 23.29” W à North Site Vicinity Map Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Site Location 140 Site Location & Surrounding Properties Site Location Aerial Photographs (2019) Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Easement 141 Parkins Mill U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands_team@fws.gov Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine September 26, 2022 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:7,523 This page was produced by the NWI mapper National Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. 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²1RY  7KHRUWKRSKRWRRURWKHUEDVHPDSRQZKLFKWKHVRLOOLQHVZHUH FRPSLOHGDQGGLJLWL]HGSUREDEO\GLIIHUVIURPWKHEDFNJURXQG LPDJHU\GLVSOD\HGRQWKHVHPDSV$VDUHVXOWVRPHPLQRU VKLIWLQJRIPDSXQLWERXQGDULHVPD\EHHYLGHQW 6RLO0DS²)UHGHULFN&RXQW\9LUJLQLD 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\  3DJHRI145 U.S. Fish and Wildlife Service National Wildlife Refuge System Map à North USFWS – Wildlife Refuge Map Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Site Location 146 North American Migration Flyways à North Migratory Bird Flyways – Location Map Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Site Location 147 National Park Service National Historic Trails and Scenic Routes à North National Park Service – Trails and Routes Map Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Site Location 148 Bureau of Indian Affairs Indian Reservation Map à North Bureau of Indian Affairs – Reservation Map Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Site Location 149 Appendix C Site Photographs 150 Site Photograph 1 – Looking north at the Site Site Photograph 2 – Looking south at the Site Site Photographs Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Photographed: August 24, 2022 151 Site Photograph 3 – Looking east at the Site Site Photograph 4 – Looking west at the Site Site Photographs Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Photographed: August 24, 2022 152 Site Photograph 5 – Looking north away from the Site Site Photograph 6 – Looking south away from the Site Site Photographs Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Photographed: August 24, 2022 153 Site Photograph 7 – Looking east away from the Site Site Photograph 8 – Looking west away from the Site Site Photographs Arcola Towers – Parkins Mill 1930 Front Royal Pike Winchester, VA 22602 Photographed: August 24, 2022 154 Appendix D Documentation of Officially Designated Wilderness Areas, Wildlife Preserves and Endangered Species 155 VERSION 3.0 United States Department of the Interior FISH AND WILDLIFE SERVICE Virginia Field Office 6669 Short Lane Gloucester, VA 23061 Date: Self-Certification Letter Project Name: Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Virginia Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA conclusions. These conclusions resulted in: x “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or x Action may affect the northern long-eared bat; however, any take that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(o) [as determined through the Information, Planning, and Consultation System (IPaC) northern long-eared bat assisted determination key]; and/or x “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat. 156 VERSION 3.0 Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “may affect, not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions and use, species information, and other information regarding project reviews within Virginia is available at our website http://www.fws.gov/northeast/virginiafield/endspecies/project_reviews.html. If you have any questions, please contact Troy Andersen of this office at (804) 824-2428. Sincerely, Cindy Schulz Field Supervisor Virginia Ecological Services Enclosures - project review package 157 Informal Biological Assessment Arcola Towers Project Name: Parkins Mill - Trileaf #708222 Latitude: 39-06-33.74 N; Longitude: 78-09-23.29 W Trileaf performed an Informal Biological Assessment for the subject site. The purpose is to document whether the proposed undertaking will affect listed or proposed threatened or endangered species, designated critical habitats, wetlands, and migratory birds. A project description, site photographs and topographical site location maps are included in this report. Proposed Project Description: The Site is located at 1930 Front Royal Pike, Winchester, Frederick County, VA 22602, and consists of the construction of a 150-foot Monopole Communications Tower, with a total height of 152 feet including attachments. The proposed tower will be within a 45- foot by 55-foot (2,475-square-foot) lease area. In addition, the project includes an access/utility easement, measuring approximately 10 feet wide extending approximately 250 feet east away from the lease area towards Front Royal Pike. The proposed tower site is approximately 645.5 feet above mean sea level. Site and Surrounding Habitat: The Site is currently located within cleared land. During the area reconnaissance, no trees along the access road, and generally throughout the area were identified to be removed. The surrounding habitat within a 0.5 mile radius of the proposed site consists predominantly of mixed development. To the north is commercial properties, followed by a residential home, followed by a residential home, followed by agricultural development and associated structures. To the east is Route 522, followed by a buffer of trees, followed by agricultural development, followed by commercial development, followed by a buffer of tress, followed by agriculture development. To the south is Opequon Creek, followed by a buffer of trees, followed by residential homes and associated landscaped area, followed by a buffer of trees, followed by residential development. To the west is Opequon Creek, followed by a buffer of trees, followed by agricultural development. The current habitat is not mapped as critical habitat, nor does it qualify as sufficient habitat for Federal or State listed species. Wetlands: Trileaf has reviewed the topographic map, soil composition, as well as the National Wetlands Inventory Map to determine if the proposed lease area and easements would have an impact on any wetlands or require significant amounts of fill or grading. Trileaf determined that the site is not located in a recognized national wetland area. Trileaf performed a field visit and identified surface water bodies. Due to the close proximity of a mapped riverine to the proposed tower location, Trileaf recommends soil erosion control methods be placed to the south of the lease area to reduce the potential of incidental fill to the adjacent wetland. Using local maps in combination with an area reconnaissance the following water bodies have been identified in the table below: 158 Parkins Mill Trileaf# 708222 Water Body Type Water Body Name Direction from Structure Distance from Structure Riverine Opequon Creek S 240 feet Riverine Unnamed S 0.14 miles Riverine Unnamed W 0.18 miles Riverine Unnamed E 0.27 miles Freshwater Pond Unnamed E 0.27 miles Riverine Unnamed NE 0.29 miles Freshwater Pond Unnamed S 0.30 Freshwater Pond Unnamed S 0.31 Freshwater Pond Unnamed E 0.35 miles Freshwater Pond Unnamed NE 0.35 miles Freshwater Pond Unnamed S 0.39 miles Riverine Unnamed W 0.40 miles Riverine Unnamed SE 0.40 miles Freshwater Pond Unnamed NE 0.42 miles Freshwater Pond Unnamed N 0.45 miles Freshwater Pond Unnamed N 0.48 miles Freshwater Pond Unnamed W 0.49 miles Migratory Birds: The proposed Site and design process for this project could not conform to all the USFWS recommendations to decrease potential effects on migratory birds. Therefore, it has included mitigating factors such as tower placement within minimally sensitive areas, avoiding placement near wetlands and large water bodies, and eliminating the need for guy wires or FAA obstruction lighting. While the proposed Site is located near the Atlantic flyway, our site investigation has determined that the project area is not located in an NWI mapped wetland, waterway, wildlife refuge, national wilderness area, native grassland or forest area, ridge-line, mountain top, coastline or area commonly known to have high incidences of fog or low clouds, where migratory birds may be found. Based upon the efforts undertaken during this IBA as well as the current data made available, we have concluded that this project will not have a significant effect on migratory birds; however, the presence of migratory birds cannot be ruled out. Soils: According to the U.S. Soil Conservation Service Soil Survey of Frederick County, Virginia, the Site is underlain by Weikert-Berts channery silt loam with 25 to 65 percent slope and Zora silt loam with 2 to 7 percent slope. Weikert soils consist of somewhat excessively drained soils that are formed from grey and brown acid residuum weathered from shale and siltstone and/or fine grained sandstone and are found in ridges. The depth to the most restrictive feature is 10 to 20 inches to lithic bedrock. The depth to the water table is more than 80 inches. A typical profile of Weikert soil consists of a surface layer of slightly decomposed plant material extending from 0 to 1 inches, subsurface layers of channery silt loam extending from 1 to 4 inches, very channery silt loam extending from 4 to 10 inches, extremely channery silt 159 Parkins Mill Trileaf# 708222 loam extending from 10 to 16 inches and bedrock extending from 16 to 26 inches. Weikert soils have no frequency of flooding or ponding. Berks soils consist of somewhat well drained soils that are formed from residumm weathered from shale and siltstone and/or fine grained sandstone and are found in ridges. The depth to the most restrictive feature is 20 to 40 inches to lithic bedrock. The depth to the water table is more than 80 inches. A typical profile of Berks soil consists of a surface layer of slightly decomposed plant material extending from 0 to 2 inches, subsurface layers of channery silt loam in two distinct layers extending from 2 to 4 inches and 4 to 9 inches, very channery silt loam extending from 9 to 15 inches, extremely channery silt loam in two distinct layers extending from 15 to 22 inches and 22 to 36 inches and bedrock extending from 36 to 46 inches. Berks soils have no frequency of flooding or ponding. Zoar soils consist of moderate well drained soils that are formed from alluvium derived from limestone, sandstone and shale and are found in stream terraces. The depth to the most restrictive feature is more than 80 inches. The depth to the water table is about 18 to 30 inches. A typical profile of Zoar soil consists of a surface layer of silt loam extending from 0 to 9 inches, subsurface layers of silty clay extending from 9 to 42 inches, and gravelly silty clay loam extending from 42 to 60 inches. Zoar soils have no frequency of flooding or ponding. Weikert-Berts channery silt loam, 25 to 65 percent slopes and Zora silt loam, 2 to 7 percent slopes, is not considered a hydric soil, and no hydrophytic vegetation or surface water was observed. Threatened or Endangered Species: Trileaf has researched the listed or proposed threatened or endangered species and designated critical habitat for the project area. This includes any such species that have been reported to exist within the action area where the project is located. The list of federally threatened or endangered species was acquired through the USFWS’s Information, Planning, and Consultation system (IPaC) and is specific to the site. A list of species and site observations are summarized in the following table: Species/ Resource Name Conclusion ESA Section 7 Notes / Documentation Critical Habitat No critical habitat present No Effect IPaC Species List Indiana Bat (Myotis sodalis) Species not present, no optimal habitat present No Effect Habitat assessment indicated no optimal habitat present Northern Long-eared Bat (Myotis septentrionalis Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present 160 Parkins Mill Trileaf# 708222 Species/ Resource Name Conclusion ESA Section 7 Notes / Documentation Monarch Butterfly (Danaus plexippus) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Conclusions: Based on the efforts undertaken during our IBA, project specifications and the current data made available, we have concluded that there is no potential for the proposed project to have a significant effect on listed or proposed, threatened and endangered species, their designated critical habitat, or migratory birds. It should be noted that this informal biological assessment was conducted in accordance with the Scope of Work and does not constitute a Section 7 Biological Assessment under the Endangered Species Act (50 CFR Part 402.01). Kayla Lauer Natural Resource Specialist 161 8600 LaSalle Road, Suite 301, Towson, Maryland 21286 - 410.853.7128 - www.trileaf.com 2FWREHU VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES PO BOX 90778 Henrico, VA 23228 RE: $UFROD7RZHUV±3$5.,160,//±7ULOHDI3URMHFW )URQW5R\DO3LNH:LQFKHVWHU9$ )UHGHULFN&RXQW\6WHSKHQV&LW\4XDGUDQJOH 86*6 /DWLWXGHƒ¶´1/RQJLWXGHƒ¶´: To Whom It May Concern: Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. 2XU FOLHQW SURSRVHV WR FRQVWUXFW D IRRW PRQRSROH FRPPXQLFDWLRQV WRZHU ZLWK DQ RYHUDOO KHLJKW RI  IHHW LQFOXGLQJ DWWDFKPHQWV $VVRFLDWHG HTXLSPHQW ZLOO EH ORFDWHG ZLWKLQ D IRRW E\ IRRW  VTXDUH IHHW  IHQFHG FRPSRXQG 7KH SURMHFW LQFOXGHV D IRRW ZLGH DFFHVV DQG XWLOLW\ HDVHPHQW H[WHQGLQJ HDVW DZD\ IURP WKH OHDVH DUHD DSSUR[LPDWHO\  IHHW WRZDUG )URQW 5R\DO 3LNH 7KH SURSRVHG ORFDWLRQ LV FOHDUHG ODQG A site location map, photos and biological assessment are enclosed for your review. Our investigation includes determining if any of the following special resource areas are located at the site. 1. Is the site located in or on a wilderness area or wildlife preserve? 2. Is the site located within a principal migratory bird flyway? 3. Is the site located in or on a designated critical habitat? 4. Does the site sustain any species of plant or animal life that is designated as threatened or endangered? As noted in the enclosed Informal Biological Assessment, the species have not been observed and are highly unlikely to exist within the action area. Therefore, based on the documents reviewed, no threatened/endangered species or designated critical habitat will be impacted by the proposed project. Trileaf is requesting concurrence from the DWR with the finding of “0D\$IIHFW1RW/LNHO\WR$GYHUVHO\(IIHFW threatened and endangered species, critical habitat, or other special resources. If you need additional information or have any questions you may reach me at (410) 853-7128 or k.lauer@trileaf.com. Thank you for your assistance in this regard. Sincerely, Kayla Lauer $VVLVWDQW3URMHFW0DQDJHU 162 Information Services Order Form http://www.dcr.virginia.gov/natural-heritage/nhserviceform/?printable[3/22/2016 4:27:11 PM] INFORMATION SERVICES ORDER FORM Updated 2016 Project Review Coordinator Department of Conservation and Recreation Natural Heritage Program 600 E. Main St., 24th Floor Richmond, VA 23219 Voice: (804) 371-2708 Fax: (804) 371-2674 nhreview@dcr.virginia.gov ENVIRONMENTAL REVIEW SERVICES: Project Review (30 calendar day turnaround)..$90 per site; add $35 for 1-5 natural heritage occurrences (rare plants, rare animals, significant communities and karst) and $60 for 6 or more occurrences. Multi-quad project area $90 per quad. Project Review with Accompanying Map...$250 per site; for projects with potential impact to Natural Heritage Resources including alternative energy projects, written comments with 8.5 X 11 map displaying Natural Heritage Screening Coverage. Project Review with Accompanying ArcGIS Shapefile...$500- 1 to 5 1:24,000 quadrangles (intersecting the project area), $1000 6-12 quadrangles (intersecting the project area), $1500 13-100 quadrangles (intersecting the project area)...one-time release of spatial natural heritage screening coverage (Conservation Sites, Stream Conservation Units and General Location Records) data as identified in the project review letter...data is valid for 6 months and requires a signed license agreement Priority Service (15 calendar day turnaround)...$300 surcharge Priority Service (5 business day turnaround)..$500 surcharge Details: Describe project in the space below, please include detailed project description, any proposed tree removal , project location information including latitude, longitude, acreage, and existing site conditions (photographs if available). Attach additional information as necessary. In order to ensure an accurate assessment, please attach an electronic copy of a site map (preferably from a USGS topo map with identified project boundaries) and all other information to the information services order form. Incomplete submittal of information will delay the review process. Project Number & Title: Project Description: (Maximum Characters: 1000) 163 Information Services Order Form http://www.dcr.virginia.gov/natural-heritage/nhserviceform/?printable[3/22/2016 4:27:11 PM] Natural Heritage Resource Reports & Distribution Maps Custom NHR Maps (describe, call for more information)...............$80/hour Custom NHR Reports (describe, call for more information)............$60/hour SUBSCRIPTION SERVICES: Natural Heritage Data Explorer Subscription Service : (unlimited access per subscription year, a digital license agreement is required (PDF)).............$1000/yr. Digital Conservation Sites Subscription Service (specify area of interest; a digital license agreement is required (PDF)) 1 county or 12 quads or less..............$1000/yr. 13-100 quads..................................$3500/yr. Statewide coverage..........................$6000/yr. Please provide details in the space below: (failure to provide information will delay subscription processing; Maximum characters: 700) Conditions: 1 . Digitized DCR natural heritage resource locational data for GIS or map production, whether provided by DCR digitally or entered by the client from tables or reports, may not be used without first completing a data licensing 164 Information Services Order Form http://www.dcr.virginia.gov/natural-heritage/nhserviceform/?printable[3/22/2016 4:27:11 PM] agreement with DCR Division of Natural Heritage. A license form is available on request. 2 . Although DCR-DNH data are closely quality controlled, DCR-DNH makes no warranty as to the fitness of the data for any purpose. 3 . Any publication of data provided by DCR, whether as text, table or map, must acknowledge Virginia DCR- Natural Heritage Program, and include the date the data were provided by DCR. 4 . If fees are assessed, an invoice will be included with the response. Please do not pre-pay. Payment is due within 30 days of receipt. Minimum charge for hourly fees is $40. I understand and agree to the above conditions: Yes (Required for Fee Services) DCR maintains lists of natural heritage resources monitored by the Natural Heritage Program. These lists provide information on taxonomy, rarity and federal/state legal statuses. These reports are not site specific and are NOT to be substituted for a project review or for on-site surveys required for environmental assessments of specific project areas. Due to staff and budget constraints we ask that you use the online service whenever possible to download these lists of natural heritage resources: Hyperlink to on-line reports The Natural Communities of Virginia, 2nd Approximation Natural Heritage Resources of Virginia: Rare Animals (PDF) Natural Heritage Resources of Virginia: Rare Plants (PDF) County lists of natural heritage resources can be generated using the Internet Database Search Tool or requested below: Send data and invoice (if applicable) to: (Any fields with * are required fields. We will contact you if we have any questions regarding your data needs) * Name: * Company: * Address: * City: * State: * Zip: 165 Information Services Order Form http://www.dcr.virginia.gov/natural-heritage/nhserviceform/?printable[3/22/2016 4:27:11 PM] VA * Phone: - - Fax: - - * Taxpayer ID : * Email: * Type the Email Again: 166 8600 LaSalle Road, Suite 301, Towson, Maryland 21286 - 410.853.7128 - www.trileaf.com 2FWREHU VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 600 East Main Street, 24th Floor Richmond, VA 23219 RE: $UFROD7RZHUV±3$5.,160,//±7ULOHDI3URMHFW )URQW5R\DO3LNH:LQFKHVWHU9$ )UHGHULFN&RXQW\6WHSKHQV&LW\4XDGUDQJOH 86*6 /DWLWXGHƒ¶´1/RQJLWXGHƒ¶´: To Whom It May Concern: Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. 2XU FOLHQW SURSRVHV WR FRQVWUXFW D IRRW PRQRSROH FRPPXQLFDWLRQV WRZHU ZLWK DQ RYHUDOO KHLJKW RI  IHHW LQFOXGLQJ DWWDFKPHQWV $VVRFLDWHG HTXLSPHQW ZLOO EH ORFDWHG ZLWKLQ D IRRW E\ IRRW  VTXDUH IHHW  IHQFHG FRPSRXQG 7KH SURMHFW LQFOXGHV D IRRW ZLGH DFFHVV DQG XWLOLW\ HDVHPHQW H[WHQGLQJ HDVW DZD\ IURP WKH OHDVH DUHD DSSUR[LPDWHO\  IHHW WRZDUG )URQW 5R\DO 3LNH 7KH SURSRVHG ORFDWLRQ LV FOHDUHG ODQG A site location map, photos and biological assessment are enclosed for your review. Our investigation includes determining if any of the following special resource areas are located at the site. 1. Is the site located in or on a wilderness area or wildlife preserve? 2. Is the site located within a principal migratory bird flyway? 3. Is the site located in or on a designated critical habitat? 4. Does the site sustain any species of plant or animal life that is designated as threatened or endangered? As noted in the enclosed Informal Biological Assessment, the species have not been observed and are highly unlikely to exist within the action area. Therefore, based on the documents reviewed, no threatened/endangered species or designated critical habitat will be impacted by the proposed project. Trileaf is requesting concurrence from the DCR with the finding of “0D\ $IIHFW 1RW /LNHO\ WR $GYHUVHO\ (IIHFW” threatened and endangered species, critical habitat, or other special resources. If you need additional information or have any questions you may reach me at (410) 853-7128 or k.lauer@trileaf.com. Thank you for your assistance in this regard. Sincerely, Kayla Lauer $VVLVWDQWProject 0DQDJHU 167 Informal Biological Assessment Arcola Towers Project Name: Parkins Mill - Trileaf #708222 Latitude: 39-06-33.74 N; Longitude: 78-09-23.29 W Trileaf performed an Informal Biological Assessment for the subject site. The purpose is to document whether the proposed undertaking will affect listed or proposed threatened or endangered species, designated critical habitats, wetlands, and migratory birds. A project description, site photographs and topographical site location maps are included in this report. Proposed Project Description: The Site is located at 1930 Front Royal Pike, Winchester, Frederick County, VA 22602, and consists of the construction of a 150-foot Monopole Communications Tower, with a total height of 152 feet including attachments. The proposed tower will be within a 45- foot by 55-foot (2,475-square-foot) lease area. In addition, the project includes an access/utility easement, measuring approximately 10 feet wide extending approximately 250 feet east away from the lease area towards Front Royal Pike. The proposed tower site is approximately 645.5 feet above mean sea level. Site and Surrounding Habitat: The Site is currently located within cleared land. During the area reconnaissance, no trees along the access road, and generally throughout the area were identified to be removed. The surrounding habitat within a 0.5 mile radius of the proposed site consists predominantly of mixed development. To the north is commercial properties, followed by a residential home, followed by a residential home, followed by agricultural development and associated structures. To the east is Route 522, followed by a buffer of trees, followed by agricultural development, followed by commercial development, followed by a buffer of tress, followed by agriculture development. To the south is Opequon Creek, followed by a buffer of trees, followed by residential homes and associated landscaped area, followed by a buffer of trees, followed by residential development. To the west is Opequon Creek, followed by a buffer of trees, followed by agricultural development. The current habitat is not mapped as critical habitat, nor does it qualify as sufficient habitat for Federal or State listed species. Wetlands: Trileaf has reviewed the topographic map, soil composition, as well as the National Wetlands Inventory Map to determine if the proposed lease area and easements would have an impact on any wetlands or require significant amounts of fill or grading. Trileaf determined that the site is not located in a recognized national wetland area. Trileaf performed a field visit and identified surface water bodies. Due to the close proximity of a mapped riverine to the proposed tower location, Trileaf recommends soil erosion control methods be placed to the south of the lease area to reduce the potential of incidental fill to the adjacent wetland. Using local maps in combination with an area reconnaissance the following water bodies have been identified in the table below: 168 Parkins Mill Trileaf# 708222 Water Body Type Water Body Name Direction from Structure Distance from Structure Riverine Opequon Creek S 240 feet Riverine Unnamed S 0.14 miles Riverine Unnamed W 0.18 miles Riverine Unnamed E 0.27 miles Freshwater Pond Unnamed E 0.27 miles Riverine Unnamed NE 0.29 miles Freshwater Pond Unnamed S 0.30 Freshwater Pond Unnamed S 0.31 Freshwater Pond Unnamed E 0.35 miles Freshwater Pond Unnamed NE 0.35 miles Freshwater Pond Unnamed S 0.39 miles Riverine Unnamed W 0.40 miles Riverine Unnamed SE 0.40 miles Freshwater Pond Unnamed NE 0.42 miles Freshwater Pond Unnamed N 0.45 miles Freshwater Pond Unnamed N 0.48 miles Freshwater Pond Unnamed W 0.49 miles Migratory Birds: The proposed Site and design process for this project could not conform to all the USFWS recommendations to decrease potential effects on migratory birds. Therefore, it has included mitigating factors such as tower placement within minimally sensitive areas, avoiding placement near wetlands and large water bodies, and eliminating the need for guy wires or FAA obstruction lighting. While the proposed Site is located near the Atlantic flyway, our site investigation has determined that the project area is not located in an NWI mapped wetland, waterway, wildlife refuge, national wilderness area, native grassland or forest area, ridge-line, mountain top, coastline or area commonly known to have high incidences of fog or low clouds, where migratory birds may be found. Based upon the efforts undertaken during this IBA as well as the current data made available, we have concluded that this project will not have a significant effect on migratory birds; however, the presence of migratory birds cannot be ruled out. Soils: According to the U.S. Soil Conservation Service Soil Survey of Frederick County, Virginia, the Site is underlain by Weikert-Berts channery silt loam with 25 to 65 percent slope and Zora silt loam with 2 to 7 percent slope. Weikert soils consist of somewhat excessively drained soils that are formed from grey and brown acid residuum weathered from shale and siltstone and/or fine grained sandstone and are found in ridges. The depth to the most restrictive feature is 10 to 20 inches to lithic bedrock. The depth to the water table is more than 80 inches. A typical profile of Weikert soil consists of a surface layer of slightly decomposed plant material extending from 0 to 1 inches, subsurface layers of channery silt loam extending from 1 to 4 inches, very channery silt loam extending from 4 to 10 inches, extremely channery silt 169 Parkins Mill Trileaf# 708222 loam extending from 10 to 16 inches and bedrock extending from 16 to 26 inches. Weikert soils have no frequency of flooding or ponding. Berks soils consist of somewhat well drained soils that are formed from residumm weathered from shale and siltstone and/or fine grained sandstone and are found in ridges. The depth to the most restrictive feature is 20 to 40 inches to lithic bedrock. The depth to the water table is more than 80 inches. A typical profile of Berks soil consists of a surface layer of slightly decomposed plant material extending from 0 to 2 inches, subsurface layers of channery silt loam in two distinct layers extending from 2 to 4 inches and 4 to 9 inches, very channery silt loam extending from 9 to 15 inches, extremely channery silt loam in two distinct layers extending from 15 to 22 inches and 22 to 36 inches and bedrock extending from 36 to 46 inches. Berks soils have no frequency of flooding or ponding. Zoar soils consist of moderate well drained soils that are formed from alluvium derived from limestone, sandstone and shale and are found in stream terraces. The depth to the most restrictive feature is more than 80 inches. The depth to the water table is about 18 to 30 inches. A typical profile of Zoar soil consists of a surface layer of silt loam extending from 0 to 9 inches, subsurface layers of silty clay extending from 9 to 42 inches, and gravelly silty clay loam extending from 42 to 60 inches. Zoar soils have no frequency of flooding or ponding. Weikert-Berts channery silt loam, 25 to 65 percent slopes and Zora silt loam, 2 to 7 percent slopes, is not considered a hydric soil, and no hydrophytic vegetation or surface water was observed. Threatened or Endangered Species: Trileaf has researched the listed or proposed threatened or endangered species and designated critical habitat for the project area. This includes any such species that have been reported to exist within the action area where the project is located. The list of federally threatened or endangered species was acquired through the USFWS’s Information, Planning, and Consultation system (IPaC) and is specific to the site. A list of species and site observations are summarized in the following table: Species/ Resource Name Conclusion ESA Section 7 Notes / Documentation Critical Habitat No critical habitat present No Effect IPaC Species List Indiana Bat (Myotis sodalis) Species not present, no optimal habitat present No Effect Habitat assessment indicated no optimal habitat present Northern Long-eared Bat (Myotis septentrionalis Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present 170 Parkins Mill Trileaf# 708222 Species/ Resource Name Conclusion ESA Section 7 Notes / Documentation Monarch Butterfly (Danaus plexippus) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Bewick’s Wren (Thryomanes bewickii) Species not observed, potential habitat present May Affect; Not Likely to Adversely Effect Habitat assessment indicated potential habitat present Appalachian Springsnail (Frontigens bottimeri) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Wood Turtle (Glyptemys insculpta) Species not observed, potential habitat present May Affect; Not Likely to Adversely Effect Habitat assessment indicated potential habitat present Peregrine Falcon (Falco peregrinus) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Loggerhead Strike (Lanius ludovicianus) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Mirgrant Loggerhead Shrike (Lanius ludovicianus migrans) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Appalachian Grizzled Skipper (Pyrgus wyandot) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Tri-colored Bat (Perimyotis subflavus) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present 171 Parkins Mill Trileaf# 708222 Species/ Resource Name Conclusion ESA Section 7 Notes / Documentation Hupps Hill Cave beetle (Pseudanophthalmus parvicollis) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Variable cuckoo bumble bee (Bombus variabilis) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Tawny Crescent (Ohyciodes batesii batsii) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Canby’s Mountain Lover (Paxistima canbyi) Species not present, no optimal habitat present No Effect Habitat assessment indicated no potential habitat present Conclusions: Based on the efforts undertaken during our IBA, project specifications and the current data made available, we have concluded that there is no potential for the proposed project to have a significant effect on listed or proposed, threatened and endangered species, their designated critical habitat, or migratory birds. It should be noted that this informal biological assessment was conducted in accordance with the Scope of Work and does not constitute a Section 7 Biological Assessment under the Endangered Species Act (50 CFR Part 402.01). 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1DWLRQDO&RRSHUDWLYH6RLO6XUYH\  3DJHRI 179 +\GULFVRLOUDWLQJ1R 'DWD6RXUFH,QIRUPDWLRQ 6RLO6XUYH\$UHD)UHGHULFN&RXQW\9LUJLQLD 6XUYH\$UHD'DWD9HUVLRQ6HS 0DS8QLW'HVFULSWLRQ:HLNHUW%HUNVFKDQQHU\VLOWORDPVWRSHUFHQWVORSHV)UHGHULFN &RXQW\9LUJLQLD 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\  3DJHRI 180 October 13, 2022 United States Department of the Interior FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office 6669 Short Lane Gloucester, VA 23061-4410 Phone: (804) 693-6694 Fax: (804) 693-9032 In Reply Refer To: Project Code: 2023-0003933 Project Name: Parkins Mill 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. $Q\DFWLYLW\ 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. 181 10/13/2022 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 182 10/13/2022 3  Ƒ Ƒ Ƒ 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 183 10/13/2022 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 184 10/13/2022 2  Project Summary Project Code: 2023-0003933 Project Name: Parkins Mill Project Type: Communication Tower New Construction Project Description: Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@39.10938715,-78.15652565298444,14z Counties: Frederick County, Virginia 185 10/13/2022 3  1. Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5949 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 1 186 10/13/2022 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. 187 10/13/2022 1  1. 2. 3. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list 1 2 188 10/13/2022 2  1. 2. 3. of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 189 10/13/2022 3  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. 190 10/13/2022 4  IPaC User Contact Information Agency: Trileaf Corporation Name: Kayla Lauer Address: 8600 LaSalle Road, Suite 301 City: Towson State: MD Zip: 21286 Email k.lauer@trileaf.com Phone: 4108537128 191 $0 9D):,65HSRUW%29$ KWWSVVHUYLFHVGZUYLUJLQLDJRYIZLV"7LWOH 9D):,65HSRUW%29$ ODVW0HQX +RPH6SHFLHV,QIRUPDWLRQ WQ  JHR$UHD &RXQW\ VSS1DPH JHR7«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‹&RPPRQZHDOWKRI9LUJLQLD'HSDUWPHQWRI*DPHDQG,QODQG)LVKHULHV 9LVLWRU  )LVKDQG:LOGOLIH,QIRUPDWLRQ6HUYLFH+RPHª6SHFLHV,QIRUPDWLRQª9D):,65HSRUW%29$ 192 Natural Heritage Resources Your Criteria Federal Legal Status: Select All State Legal Status: Select All County: Frederick Search Run: 10/13/2022 8:00:47 AM Result Summary Total Species returned: 11 Total Communities returned: 0 Click scientific names below to go to NatureServe report. Click column headings for an explanation of species and community ranks. Common Name/Natural Community Scientific Name Scientific Name Linked Global Conservation Status Rank State Conservation Status Rank Federal Legal Status State Legal Status Statewide Occurrences Virginia Coastal Zone Frederick BIVALVIA (MUSSELS) Green Floater Lasmigona subviridis Lasmigona subviridis G3 S2 None LT 67 N COLEOPTERA (BEETLES) Hupps Hill Cave Beetle Pseudanophthalmus parvicollis Pseudanophthalmus parvicollis G1 S1 SOC PE 2 N GASTROPODA (SNAILS) Appalachian Springsnail Fontigens bottimeri Fontigens bottimeri G2G3 S2S3 SOC LE 8 N INVERTEBRATE Variable cuckoo bumble bee Bombus variabilis Bombus variabilis G1G2 SH SOC None 4 N LEPIDOPTERA (BUTTERFLIES & MOTHS) Tawny Crescent Phyciodes batesii batesii Phyciodes batesii batesii G5T1 SX SOC None 4 N Appalachian Grizzled Skipper Pyrgus centaureae wyandot Pyrgus centaureae wyandot G5T1T2 S1 SOC LT 29 N REPTILES Wood Turtle Glyptemys insculpta Glyptemys insculpta G3 S2 None LT 49 N VASCULAR PLANTS 1 / 2 193 Common Name/Natural Community Scientific Name Scientific Name Linked Global Conservation Status Rank State Conservation Status Rank Federal Legal Status State Legal Status Statewide Occurrences Virginia Coastal Zone Canby's Mountain- lover Paxistima canbyi Paxistima canbyi G2?S2 SOC PT 34 N Fredericksburg (City) BIVALVIA (MUSSELS) Yellow Lance Elliptio lanceolata Elliptio lanceolata G2 S2 LT LT 46 Y Green Floater Lasmigona subviridis Lasmigona subviridis G3 S2 None LT 67 Y COLEOPTERA (BEETLES) American Burying Beetle Nicrophorus americanus Nicrophorus americanus G3 SH LT None 5 Y Note: On-line queries provide basic information from DCR's databases at the time of the request. They are NOT to be substituted for a project review or for on-site surveys required for environmental assessments of specific project areas. For Additional Information on locations of Natural Heritage Resources please submit an information request. To Contribute information on locations of natural heritage resources, please fill out and submit a rare species sighting form. Powered by TCPDF (www.tcpdf.org) 2 / 2 194 Travis A. Voyles Frank N. Stovall Acting Secretary of Natural and Historic Resources Deputy Director for Operations Matthew S. Wells Darryl Glover Director Deputy Director for Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director Laura Ellis Deputy Director for Administration and Finance 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 6WDWH3DUNV‡6RLODQG:DWHU&RQVHUYDWLRQ‡2XWGRRU5HFUHDWLRQ3ODQQLQJ 1DWXUDO+HULWDJH‡'DP6DIHW\DQG)ORRGSODLQ0DQDJHPHQW‡/DQG&RQVHUYDWLRQ November 16, 2022 Kayla Lauer Trileaf Corpoation 8600 LaSalle Road Towson, MD 21286 Re: 708222, Parkins Mill Cell Tower Dear Ms. Lauer: 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. According to the information currently in Biotics, natural heritage resources have not been documented within the submitted project boundary including a 100 foot buffer. The absence of data may indicate that the project area has not been surveyed, rather than confirm that the area lacks natural heritage resources. In addition, the project boundary does not intersect any of the predictive models identifying potential habitat for natural heritage resources. Furthermore, according to the United States Fish and Wildlife Service (USFWS) Guidance dated April 2018, ³DOPRVWPLOOLRQELUGVSUHGRPLQDQWO\Qight-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 dirHFWDQGLQGLUHFWELUGPRUWDOLW\´ 86):6 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 (https://www.fws.gov/migratorybirds/pdf/management/usfwscommtowerguidance.pdf). Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state- listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects. 7KHUHDUHQR6WDWH1DWXUDO$UHD3UHVHUYHVXQGHU'&5¶VMXULVGLFWLRQLQWKHSURMHFWYLFLQLW\ 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. 195 A fee of $90.00 has been assessed for the service of providing this information. Please find attached an invoice for that amount. Please return one copy of the invoice along with your remittance made payable to the Treasurer of Virginia, DCR Finance, 600 East Main Street, 24th Floor, Richmond, VA 23219. Payment is due within thirty days of the invoice date. Please note late payment may result in the suspension of project review service for future projects. The Virginia Department of Wildlife Resources (VDWR) maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis/ or contact Amy Martin at 804-367-2211 or amy.martin@dwr.virginia.gov. Should you have any questions or concerns, feel free to contact me at 804-625-3979. Thank you for the opportunity to comment on this project. Sincerely, Nicki Gustafson Natural Heritage Project Review Assistant Literature Cited U.S. Fish and Wildlife Service. 2018. Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning. 196 Appendix E Section 106 Review 197 8600 LaSalle Road, Suite 301, Towson, Maryland 21286 - 410.853.7128 - www.trileaf.com 2FWREHU Virginia Department of Historic Resources Attn: Chris Novelli 2801 Kensington Avenue Richmond, VA 23221 RE$UFROD7RZHUV±3$5.,160,//±7ULOHDI3URMHFW )URQW5R\DO3LNH:LQFKHVWHU9$ )UHGHULFN&RXQW\6WHSKHQV&LW\4XDGUDQJOH 86*6  /DWLWXGHƒ¶´1/RQJLWXGHƒ¶´: Dear Mr. Novelli: Trileaf Corporation is in the process of completing a NEPA Review at the referenced property. 2XUFOLHQWSURSRVHV WR FRQVWUXFW D IRRW PRQRSROH FRPPXQLFDWLRQV WRZHU ZLWK DQ RYHUDOO KHLJKW RI  IHHW LQFOXGLQJ DWWDFKPHQWV $VVRFLDWHG HTXLSPHQW ZLOO EH ORFDWHG ZLWKLQ D IRRW E\ IRRW  VTXDUH IHHW  IHQFHG FRPSRXQG7KHSURMHFWLQFOXGHVDIRRWZLGHDFFHVVDQGXWLOLW\HDVHPHQWH[WHQGLQJHDVWDZD\IURPWKHOHDVH DUHDDSSUR[LPDWHO\IHHWWRZDUG)URQW5R\DO3LNH7KHSURSRVHGORFDWLRQLVFOHDUHGODQG The antennas will be licensed by the Federal Communications Commission (FCC). In accordance with the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission, dated September 2004, a cultural resource investigation has been conducted. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed, or eligible for listing on the State or National Registers of Historic Places, or located in or on an Indian Religious Site. Summary reports of this investigation, maps, photographs and other information are provided in the attached Form 620. As noted in Attachment 5, there is a finding of No Historic Properties within the APE for Direct Effects and No Adverse Effect on Historic Properties within the APE for Visual Effects. We appreciate your cooperation in this regard and anticipate your concurrence with these findings. Please call me at (410) 853-7128 or email k.lauer@trileaf.com if you need any additional information or have any questions. Thank you for your assistance. Sincerely, Kayla Lauer $VVLVWDQW3URMHFW0DQDJHU 198 FCC Form FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039 Notification Date: See instructions for File Number: public burden estimates General Information 1) (Select only one) ( ) NE – New UA – Update of Application WD – Withdrawal of Application 2) If this application is for an Update or Withdrawal, enter the file number of the pending application currently on file. File Number: Applicant Information 3) FCC Registration Number (FRN): 4) Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Contact Information 10) P.O. Box: And /Or 11) Street Address: 12) City: 13) State: 14) Zip Code: 15) Telephone Number: 16) Fax Number: 17) E-mail Address: Consultant Information 18) FCC Registration Number (FRN): 19) Name: Principal Investigator 20) First Name: 21) MI: 22) Last Name: 23) Suffix: 24) Title: Principal Investigator Contact Information 25) P.O. Box: And /Or 26) Street Address: 27) City: 28) State: 29) Zip Code: 30) Telephone Number: 31) Fax Number: 32) E-mail Address: Arcola Towers 0031974538 Kristen Stelzer 2150 Middleburg VA 20118 (571)309-5235 0011724176 Johnson, Mirmiran & Thompson on behalf of Trileaf Corporation kristen@arcolatowers.com Sara McLaughlin Senior Architectural Historian 1600 Market Street 1600 Market Street Suite 520 Philadelphia PA 19103 (410)853-7128 k.lauer@trileaf.com 1 of 19 NE 620 FCC Form 620 New Tower (NT ) Submission Packet 0010232372 7AM EST 10/11/2022 May 2014 199 Professional Qualification 33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( ) Yes ( ) No 34) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) __________________________________________________________________________________________ Additional Staff 35) Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( ) Yes ( ) No If “YES,” complete the following: X X X 36) First Name: 37) MI: 38) Last Name: 39) Suffix: 40) Title: 41) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) ____________________________________________________________________________________________ Lauren Gryctko X Senior Archaeologist 2 of 19 FCC Form 620 May 2014 200 Site Information Tower Construction Notification System 1) TCNS Notification Number: Site Information 2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( ) No 3) Site Name: 4) Site Address: 5) Detailed Description of Project: 6) City: 7) State: 8) Zip Code: 9) County/Borough/Parish: 10) Nearest Crossroads: 11) NAD 83 Latitude (DD-MM-SS.S): ( ) N or ( ) S 12) NAD 83 Longitude (DD-MM-SS.S): ( ) E or ( ) W Tower Information 13) Tower height above ground level (include top-mounted attachments such as lightning rods): ___________________ ( ) Feet ( ) Meters 14) Tower Type (Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( ) Monopole ( ) Other (Describe): Project Status 15) Current Project Status (Select One): ( ) Construction has not yet commenced ( ) Construction has commenced, but is not completed Construction commenced on: _______________ ( ) Construction has been completed Construction commenced on: _______________ Construction completed on: _______________ 255623 Parkins Mill 1930 Front Royal Pike Winchester VA FREDERICK 22602 39-06-33.7 078-09-23.3 X X 46.3 X 3 of 19 X X FCC Form 620 Front Royal Pike and W. Parkins Mill Road May 2014 Front Royal Pike and W. Parkins Mill Road Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. X 201 Determination of Effect 14) Direct Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 15) Visual Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 4 of 19 X X FCC Form 620 May 2014 202 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Bad River Band of Lake Superior Tribe of Chippewa Indians 09/14/2022 X Edith Leoso THPO Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Catawba Indian Nation 09/15/2022 X Dr. Wenonah Haire DMDG THPO and Executive Director 5 of 19 FCC Form 620 May 2014 203 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Cherokee Nation 09/14/2022 X Gwen Terrapin Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Chickahominy Indian Tribe 09/14/2022 X Stephen Adkins Chief 6 of 19 FCC Form 620 May 2014 204 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Cultural Heritage Partners 09/14/2022 X Ellen Chapman Program Manager Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Delaware Nation 09/14/2022 X Erin Paden Historic Preservation Director 7 of 19 FCC Form 620 May 2014 205 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Eastern Shawnee Tribe of Oklahoma 09/15/2022 09/20/2022 X Kelly Nelson Cell Tower Coordinator Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Monacan Indian Nation 09/14/2022 X Kenneth Branham W Chief 8 of 19 FCC Form 620 May 2014 206 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Nansemond Indian Tribe 09/14/2022 X Chief Anderson Chief Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Pamunkey Indian Tribe 09/14/2022 X Robert Gray Chief 9 of 19 FCC Form 620 May 2014 207 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Prairie Island Indian Community 09/14/2022 X Noah White IIIC THPO Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other The Upper Mattaponi Indian Tribe 09/14/2022 X W. Frank Adams Chief 10 of 19 FCC Form 620 May 2014 208 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: _________________ 255623 13 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name: 6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________ 11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Tuscarora Nation 09/14/2022 X Bryan Printup TCNS Rep 11 of 19 FCC Form 620 May 2014 209 Other Tribes/NHOs Contacted Tribe/NHO Information 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name: 4) MI: 5) Last Name: 6) Suffix: 7) Title: Contact Information 8) P.O. Box: And /Or 9) Street Address: 10) City: 11) State: 12) Zip Code: 13) Telephone Number: 14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________ 18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 12 of 19 FCC Form 620 May 2014 210 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City: 8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE Parkins Mill/Frederick Hall X X 034-0143 Front Royal Pike Winchester VA FREDERICK 22602 VCRIS X X X X X X 13 of 19 FCC Form 620 May 2014 211 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City: 8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE Parkins Mills Battery/Fort Hill X X 034-0458 W. Parkins Mill Road Winchester VA FREDERICK 22602 VCRIS X X X X X X 14 of 19 FCC Form 620 May 2014 212 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City: 8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE Fort View Inn/Carlann's X X 034-5066 1810 Front Royal Pike Winchester VA FREDERICK 22602 VCRIS X X X X X X 15 of 19 FCC Form 620 May 2014 213 Local Government Involvement Local Government Agency 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name: 4) MI: 5) Last Name: 6) Suffix: 7) Title: Contact Information 8) P.O. Box: And /Or 9) Street Address: 10) City: 11) State: 12) Zip Code: 13) Telephone Number: 14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________ 18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 19) Information on local government’s role or interest (optional): Frederick County, VA - HRAB Kayla Peloquin 107 N. Kent Street Winchester VA 22601 (000)000-0000 kayla.peloquin@FCVA.us X 09/26/2022 X 16 of 19 FCC Form 620 May 2014 214 Other Consulting Parties Other Consulting Parties Contacted 1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No Consulting Party 2) FCC Registration Number (FRN): 3) Name: Contact Name 4) First Name: 5) MI: 6) Last Name: 7) Suffix: 8) Title: Contact Information 9) P.O. Box: And /Or 10) Street Address: 11) City: 12) State: 13) Zip Code: 14) Telephone Number: 15) Fax Number: 16) E-mail Address: 17) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 18) Date Contacted _______________ 19) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 20) Information on other consulting parties’ role or interest (optional): X Winchester - Frederick County Historical Society To Whom it May Concern 1340 S. Pleasant Valley Road Winchester VA 22601 (540)662-6550 cshull@winchesterhistory.org X 09/26/2022 X 17 of 19 FCC Form 620 May 2014 215 Designation of SHPO/THPO 1) Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower. SHPO/THPO Name: ___________________________________________________________________________________________________________ 2) You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation Agency. SHPO/THPO Name: ________________________________________________________________________________________________ SHPO/THPO Name: ________________________________________________________________________________________________ SHPO/THPO Name: ________________________________________________________________________________________________ Certification I certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true, correct, and complete. Party Authorized to Sign First Name: MI: Last Name: Suffix: Signature: Date: _______________ FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). 18 of 19 FCC Form 620 Virginia Department of Historic Resources Kayla Lauer 10/07/2022 Kayla Lauer May 2014 216 Attachments : Type Description Date Entered Other Cover Letter 10/07/2022 Resumes/Vitae Resumes 10/07/2022 Photographs Photos 10/07/2022 Map Documents Site Maps 10/07/2022 Additional Site Information Site Information 10/07/2022 Area of Potential Effects APE 10/07/2022 Tribal/NHO Involvement Tribes 10/07/2022 Historic Properties for Direct Effects Direct APE 10/07/2022 Historic Properties for Visual Effects Visual APE 10/07/2022 Local Government Involvement Local Government 10/07/2022 Public Involvement Public Notice 10/07/2022 State-Specific Forms SHPO Specific 10/07/2022 FCC Form 620 May 2014 19 of 19 217 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 1.CONSULTANT INFORMATION Provide a current copy of the resume or curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in this filing. A current copy of the resume for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing, or conclusions is presented in this filing. 218 LAUREN GRYCTKO53$ Senior Archaeologist Ms. Gryctko has 12 years of professional archaeological experience, with a focus on eighteenth and nineteenth century domestic sites within the Mid-Atlantic. She has extensive experience managing archaeological projects within Virginia and the surrounding states ranging from solar projects, large scale residential development, road maintenance, and transmission line rebuild projects. She is skilled in working with clients DQGDJHQFLHVLQRUGHUWRPHHWWKH6HFUHWDU\RI,QWHULRU¶V6WDQGDUGVDQGKDVH[WHQVLYH experience in budgeting, managing, and conducting archaeological projects including Phase IA, Phase I, Phase II, and Phase III surveys. She is experienced in monitoring soil disturbance at construction sites, as well as conducting cemetery delineation and is thoroughly familiar with the history and prehistory of the eastern United States. She currently works as a senior archaeologist and principal investigator based in Richmond, Virginia. Select Projects Chesterfield County, Powhite Parkway Extension ± Phase 1 Design. Senior Archaeologist. Senior Archaeologist. Reviewed archaeological finds, finalized eligibility recommendations for archaeological sites, and coordinated with VDHR. This project involves extending Powhite Parkway to Woolridge Road as a four-lane open median divided expressway. Phase 1 also includes converting the existing at-grade intersections along Powhite Parkway to grade separated facilities including Charter Colony Parkway to an interchange, Brandermill Parkway to an overpass and Watermill Parkway to an overpass. Powhite Parkway would terminate at Woolridge Road at an at-grade intersection. Although not part of Phase 1, Woolridge Road would become an interchange when Powhite Parkway is extended further west in Phase 2. Phase I Cultural Resource Survey of the ± 25.5 Hectare (±63.1 Acre) Jones Point Park Project Area, City of Alexandria, VA. Project Manager. Responsible for managing the Phase I survey within Jones Point Park, which focused on geotechnical boring locations in preparation for sewerage construction. Coordinated archaeological excavations, conducted scheduling, and authored the Phase I report. Worked closely with geo-archaeologist to discern the presence or absence of buried intact soils. Phase II Archaeological Evaluation of Sites 44GV0373, 44GV0386, 44GV0408, 44GV0409, 44GV0410, 44GV0407, and 44GV0415. Greensville County, VA. Field Director. Responsible for leading a team of up to five people during the Phase II excavation of a total of 7 sites within the ±1,643-acre Sadler Solar project area. These sites included Early to Late Archaic, Early to Late Woodland, and Colony to Nation through World War II sites. Coordinated excavations and contributed towards the recommendations for the National Register of Historic Places eligibility status of the sites. Phase IA and Phase I Cultural Resource Survey of the Midway Solar Project Area, Sun Tribe Solar, Albemarle County, VA. Project Manager/Principal Investigator. Responsible for conducting a Phase IA survey of the project area and for managing the Phase I survey of the entirety of the project area in preparation for the installation of a small-scale solar farm. Coordinated archaeological excavations, conducted scheduling, and authored the Phase I report. Phase I Cultural Resource Survey of the ±49.8-Hectare (±123-Acre) Greymont Project Area, Hanover County, VA. Project Manager/Principal Investigator. Responsible for managing the Phase I survey of the entirety of the project. Coordinated archaeological excavations, conducted scheduling, and authored the Phase I report. Made recommendations for the National Register of Historic Places eligibility status of identified sites. Education M.A. Historical Archaeology The College of William and Mary B.S. Anthropology James Madison University Years of Experience 12 219 SARA MCLAUGHLIN Project Manager / Senior Architectural Historian Ms. McLaughlin is a Senior Architectural Historian with experience in cultural resource management and preservation architecture. She exceeds the qualifications for Architectural Historian under the standards set forth by the Secretary of the Interior. Ms. McLaughlin has extensive experience working on historic preservation and cultural resources projects for a variety of Federal, state and local clients. Her work focuses primarily on the research, survey, and documentation of historic above ground resources with an extensive understanding of Section 106, and state and federal documenting regulations. Ms. McLaughlin has spent a considerable amount of time documenting historic resources in New Jersey through FEMA’s Reconstruction, Rehabilitation, Elevation and Mitigation Program after Hurricane Sandy. Additional previous cultural resource projects include survey and documentation of neighborhoods surrounding proposed transmission lines, natural gas pipelines, and cell towers. Professional Experience Replacement of Bridge 216.6 over Woolsey’s Creek, Mercer County, NJ. Senior Architectural Historian. Ms. McLaughlin compiled an application for project authorization under the New Jersey Register of Historic Places Act for repairs to the Bridge 216.6. The bridge is adjacent to the Jeremiah Woolsey House which is listed in the New Jersey and National Registers of Historic. This task included compiling engineering drawings, specifications, photos, lists of property owners and other stakeholders as well as close coordination with the New Jersey HPO. Weymouth Furnace Bridge Repairs, Hamilton Township, NJ. Senior Architectural Historian. Compiled an application for project authorization under the New Jersey Register of Historic Places Act for repairs to the Weymouth Furnace Bridge. The bridge is listed in the NJHP and NRHP and is located within the Weymouth Archaeological Historic District which is also listed in the National Register. This task included compiling engineering drawings, specifications, photos, lists of property owners and other stakeholders as well as close coordination with the New Jersey HPO. County Route 579 (Church Street) Bridge- HAER Recordation, Bloomsbury, NJ. Senior Architectural Historian. After JMT was selected to design the replacement of Bridge 1050-161, which carries County Route 579 over Norfolk Southern Corporation Lehigh Valley Main Line, Ms. McLaughlin managed the completion of a Level III HAER recordation in accordance with the previously established MOA. Blue Ridge Parkway Bridge HAER, NC. Senior Architectural Historian. Initiated and managed coordination with the NPS, Federal Highways Administrations, NC SHPO, and appropriate Tribal Historic Preservation Officers regarding the replacement of four bridges within the National Register eligible Blue Ridge Parkway. Demolition of these bridges will result in an adverse effect to the Parkway. Managed the mitigation ultimately agreed upon for the Memorandum of Agreement including a Historic American Engineering Record document and a North Carolina Evaluation Report. Reconnaissance-Level Historic Resources Survey, Preston County, WV. Project Manager. JMT was hired by the state of West Virginia to survey of approximately 700 historic resources that retain historic architectural integrity within Preston and Taylor County. A West Virginia Historic Property Inventory Form will be completed for each property surveyed. Ms. McLaughlin coordinated survey teams, survey methodology and worked closely with the client to ensure accurate and efficient project completion. Additionally, Ms. McLaughlin compiled a history of Preston County to be submitted to the state. Professional Consultant Services for Lycoming County Historic Resources Inventory, Lycoming County, PA. Project Manager. JMT worked with Lycoming County and the City of Williamsport to update their existing historic resource inventory and to provide guidance for future historic preservation activities as part of the County’s ongoing Master Plan efforts. This contract consisted of surveying every property in the City of Williamsport to create a database of architecturally significant historic properties. A report and database were created and delivered to the client. Education M.S. Historic Preservation B.A. Mass Communications Years of Experience 11 220 KAYLA LAUER ASSISTANT PROJECT MANAGER Education Biological Sciences, B. S. Washington College /Chestertown, MD Areas of Expertise Ms. Lauer has experience performing National Environmental Policy Act (NEPA) reviews for wireless telecommunications projects. Ms. Lauer also has experience performing site inspections and conducting due diligence pursuant to EPA All Appropriate Inquiries (AAI) and the American Society of Testing and Materials (ASTM) for commercial real estate and lending projects. Environmental service expertise includes: Phase I Environmental Site Assessments Historical City Directories Indoor Air Quality Assessments Information Section 7 Consultation Asbestos Inspections National Wetland Inventory Maps Flood Insurance Rate Maps Critical Habitat Maps Environmental Evaluation Summaries Archaeological and Architectural Impacts Soil Characterization First Aid/CPR/AED Certified Field Reconnaissance Section 106 Compliance NEPA Environmental Assessments Migratory Bird Evaluations Form 620/621 Submittals Historical Topographic Maps and Aerial Imagery Lead-Based Paint Surveys Local Government Consultation Native American Consultation Land Use History Preliminary Risk Assessments Additionally, Ms. Lauer has experience with Field sparrow nest searching, as well as monitoring and banding birds on the Eastern Shore of Maryland. Professional Resume 221 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 ATTACHMENT 2.SITE INFORMATION - PHOTOGRAPHS You are required to provide photographs and maps as part of this filing. Additional site information can be provided in an optional attachment. Photograph Requirements: Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project, keyed to the relevant map or text, and dated; the focal length of the lens and the height of the camera should be noted. The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic images) should be identified on the photograph. a.Photographs taken from the collocation site should show views from the proposed location in all directions. The direction (e.g., north, south, etc.) should be indicated on each photograph, and, as a group, the photographs should present a complete (360 degree) view of the area around the communications tower or non-tower structure. b.Photographs of all listed and eligible properties within the Areas of Potential Effects. c.If any listed or eligible properties are visible from the proposed collocation site, photographs looking at the site from each historic property. The approximate distance in feet (meters) between the site and the historic property should be included. If any listed or eligible properties are within the APE, photos looking at each historic property should be included. Please see attached photographs, which were taken by JMT staff on September 19, 2022, unless otherwise noted. A photograph location map is included in this attachment. 222 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 Photo location map. 223 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 1.View of project location facing north. 2.View of project location facing east. 224 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 3.View of project location facing south. 4.View of project location facing west. 225 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 5.View from project location facing north, towards surrounding area. 6.View from project location facing east, towards surrounding area. 226 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 7.View from project location facing south, towards surrounding area. 8.View from project location facing west, towards surrounding area. 227 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 9.View of resource (Parkins Mill/Frederick Hall-034-0143) facing west. 10.View from resource (Parkins Mill/Frederick Hall-034-0143) facing northeast, towards project location. 228 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 11.View of resource (Parkins Mills Battery/Fort Hill- 034-0458) facing west. 12.View from resource (Parkins Mills Battery/Fort Hill- 034-0458) facing northwest, towards project location. 229 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates $SSOLFDQW¶V1DPH$UFROD7RZHUV Project Name: 3$5.,160,// Project Number: 708222 FCC FORM 620 13.View of resource (Fort View ,QQ&DUODQQ¶V- 034-5066) facing northwest. 14.View from resource (Fort View ,QQ&DUODQQ¶V- 034-5066) facing south, towards project location. 230 Please refer to Appendix B for Site Maps 231 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 3. SITE INFORMATION – MAP REQUIREMENTS Include one or more 7.5-minute quad USGS topographical maps that: 1.Identify the Areas of Potential Effects for both Direct and Visual Effects. If a map is copied from the original, include a key with the name of quad and date 2.Show the location of the proposed site and any access roads or other easements including excavations 3.Show the locations of each property listed 4.Include keys for any symbols, colors, or other identifiers 5.Submit color maps whenever possible The following maps have been attached to this report: 1.Project Location Map – Aerial Map with 0.5-mile Area of Potential Effect 2.Project Location Map – USGS Topographic with 5T0.5-mile Area of Potential Effect 3.Project Location Map – Street Map with 5T0.5-mile Area of Potential Effect 4.Historic resource map with 5T0.5-mile Area of Potential Effect 232 Please refer to Appendix B for Site Maps 233 ^_ Legend ^_Project Location 0.5-mile APE Service Layer Credits: Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 05001,0001,5002,000250 Feet 00.10.20.30.40.05 Miles Created on 9/15/2022 by JMT staff Project Location Map Trileaf Project 708222 3DUNLQV0LOO 39.109373, -78.15647 F234 ^_ Legend ^_Project Location 0.5-mile APE Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed 05001,0001,5002,000250 Feet 00.10.20.30.40.05 Miles Created on 9/15/2022 by JMT staff Project Location Map Trileaf Project 708222 3DUNLQV0LOO 39.109373, -78.15647 F235 ^_ Legend ^_Project Location 0.5-mile APE Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap 05001,0001,5002,000250 Feet 00.10.20.30.40.05 Miles Created on 9/15/2022 by JMT staff Project Location Map Trileaf Project 708222 3DUNLQV0LOO 39.109373, -78.15647 F236 237 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 4. SITE INFORMATION – ADDITIONAL SITE INFORMATION Describe any additional structures, access roads, utility lines, fences, easements, or other construction planned for the site in conjunction with the proposed wireless telecommunication facility. Use this attachment to provide additional details needed to present a full and accurate description of any construction activities that will take place to complete the installation. See below for a short summary of the project, including a description of the proposed project location, general area and surroundings, and project description. The proposed project location is located near 1930 Front Royal Pike, Winchester, Frederick County Virginia 22602 at coordinates 39°06'33.742" N, 78°09'23.292" W. Arcola Towers proposes the installation of erosion and sediment controls and clearing and grading of the site prior to installation of a proposed 150’ monopole. Additionally, the project includes installation of an equipment frame and equipment, grounding and telco handholes, a utility wireway, electrical and telephone conduit and handholes, and fencing and site improvements. The proposed monopole will measure 150’-0” with a 2’ lightning rod making the overall height 152’-0”. Proposed antennas will be mounted to the monopole with a rad center height of 145’-0”. The project plans provide heights for future antennas with rad center heights lower than the proposed antennas included in this project. Necessary cables will be run through the monopole to the ground. The project proposes installation of nine antennas (three per sector: Sector 1, Sector 2, Sector 3), six RRUs (two per sector), a GPS antenna, and a MW antenna and radio each of which will be mounted to the monopole using a variety of pipe mounts on kicker braced platforms or arms. The proposed groundwork includes a new 20’ x 10’ concrete pad with new utility and equipment cabinets. Site improvements include the clearing, grading, and installation of a 10’ wide gravel access road connecting the existing parking lot and the lease area. A proposed 12’-0” metal fence with access gates will also be installed. A 6’-6” tall utility frame with 3’-3” deep pier footings is also proposed. The proposed total area of ground disturbance is approximately 4,035 square feet in area. The proposed project location is in a rural area characterized by single family housing on large agricultural or wooded lots. The area is generally hilly with mature tree growth throughout the immediate area. Modern intrusions include traffic signage and power lines. The construction drawings provided by Arcola Towers are included in this attachment. 238 Please refer to Appendix A for Site Plans 239 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 5. AREA OF POTENTIAL EFFECTS You are required to provide two attachments regarding the Determination of Effect: Areas of Potential Effect and Mitigation of Effect (if applicable). Areas of Potential Effect Guidelines: a. Describe the APE for direct effects and explain how this APE was determined. The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking. On November 24, 2008, the FCC further clarified that the APE-for Direct Effects is limited to the tower or non-tower structure on which the collocation will be mounted as well as the lease area including the access route and utility corridor. The proposed project consists of the construction of nine new antenna on a new monopole pole with an overall height of 150’-0”, concrete pad, and associated hardware on an existing utility lease area. The APE for direct effects consists of the project footprint and a 50-foot buffer. b. Describe the APE for visual effects and explain how this APE was determined. The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a historic property that makes it eligible for listing on the National Register. The presumed APE for visual effects for construction of new facilities is the area from which the tower will be visible. Due to the height of the proposed undertaking (150-feet), the presumed APE for visual effects for this project is a 5T0.5-mile radius from the tower site. Mitigation of Effect Guidelines: In the case of where an Adverse Visual Effect or Adverse Direct Effect has been determined you must provide the following: a. Copies of any correspondence and summaries of any oral communication with the SHPO/THPO and any consulting parties. No correspondence with the SHPO or THPO has taken place as of the date of this report. 1. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant’s conclusion regarding the feasibility of each alternative. No adverse effects are anticipated as a result of the proposed project. 240 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 5. AREA OF POTENTIAL EFFECTS (CONT.) FOR EACH PROPERTY IDENTIFIED AS A HISTORIC PROPERTY IN THE ONLINE E-106 FORM: Indicate whether the Applicant believes the proposed undertaking would have a) no effect; b) no adverse effect; or, c) an adverse effect. Explain how each such assessment was made. Provide supporting documentation where necessary. A cultural resources records search was conducted on September 14, 2022 by Sara McLaughlin, Senior Architectural Historian of JMT, utilizing the VCRIS Mapviewer—an online database of cultural resources, managed by the Virginia Department of Historic Resources (VDHR), which serves as the Virginia State Historic Preservation Office (SHPO). The results of the cultural resources records search disclosed three previously identified historic above-ground resources within the 5T0.5-mile APE for Visual Effects which have been listed in, or determined eligible for listing in, the National Register of Historic Places. Sara McLaughlin, Senior Architectural Historian of JMT, evaluated the potential effect of the proposed project on the resources and recommends the following: NRHP/SHPO Resource ID Resource Name Effect Determination Explanation of Effect Determination Photo No. 034-0143 Parkins Mill/Frederick Hall No Adverse Effect The Parkins Mill/Frederick Hall is located approximately 170-feet northwest of the project location and is in the APE for visual effects. The project location is visible from the resource. The resource is surrounded by mature trees, which obscure the view of the building from the public right of way. Due to these existing visual obstructions, the proposed project will be largely obscured from view of the resource. Modern visual intrusions, including power lines and utilities are present in the surrounding area, and modern development is also present within the viewshed. As such, the addition of the proposed tower will not significantly impact the overall character of the setting, which includes a mix of buildings and infrastructure from various historic and contemporary periods. It is therefore recommended that the proposed project will have No Adverse Effect on the Parkins Mill/Frederick Hall. 9-10 034-0458 Parkins Mills Battery/Fort Hill No Adverse Effect The Parkins Mills Battery/Fort Hill battlefield site is in the APE for visual effects and is approximately 270-feet east of the project location. The project location is visible from the resource. Dense vegetation surrounds the battlefield site and will obscure much of the proposed project from view. Additionally, modern visual intrusions, including power lines and utilities are present in the surrounding area, and modern development is also present within the viewshed. As such, the addition of the proposed tower will not significantly impact the overall character of the setting, which includes a mix of buildings and infrastructure from various historic and contemporary periods. Given these conditions, it is 11-12 241 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 recommended that the proposed project will have No Adverse Effect on the Parkins Mills Battery/Fort Hill. 034-5066 Fort View Inn/Carlann’s No Adverse Effect Located approximately 1,275-feet north of the project location and in the APE for visual effects is the Fort View Inn/Carlann’s. Given the distance from the resource and the presence of mature trees within the viewshed, visibility to the project location will be limited. Modern features within the surrounding area impart an eclectic character to the setting in which the proposed tower would not be out of place. It is therefore recommended that the proposed project will have No Adverse Effect on the Fort View Inn/Carlann’s. 13-14 As a result, a finding of No Adverse Effect on Historic Properties within the APE for Visual Effects is recommended. Based on the results of the background research and field investigation, a finding of No Historic Properties Present within the APE for Direct Effects is recommended. Please see the attached Archaeological Survey Report for additional information. 242 September 23, 2022 Phase I Archaeological Survey and Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Winchester, VA Prepared by Nicholas Arnhold, RPA, Senior Archaeologist and Principal Investigator Johnson, Mirmiran & Thompson 9201 Arboretum Pkwy, Suite 310 Richmond, VA 23236 Submitted to Trileaf Corporation, 8600 LaSalle Road, Ste. 301, Towson, MD 21286 243 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page i Table of Contents Introduction .................................................................................................................................................. 1 Project Description and Field Conditions ........................................................................................................ 1 Scope of Work ............................................................................................................................................... 1 Area of Potential Effects ............................................................................................................................. 9 Background Research ................................................................................................................................. 9 Literature and Document Search ................................................................................................................... 9 Historic Resources ......................................................................................................................................... 9 Archaeological Resources ........................................................................................................................... 14 Historic Archaeological Potential .............................................................................................................. 15 Pre-contact Archaeology Potential ............................................................................................................ 16 Methodology .............................................................................................................................................. 16 Field Methods .............................................................................................................................................. 16 Laboratory Methods and Collection Curation ............................................................................................... 16 Results ...................................................................................................................................................... 17 Survey and Interpretation and Evaluation .................................................................................................. 17 Recommendations ..................................................................................................................................... 17 References Cited ....................................................................................................................................... 18 244 Page ii Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO List of Figures Figure 1. USGS (1:24,000) project location map. Choose a building block. ....................................................... 2 Figure 2. Aerial (1:24,000) project location map................................................................................................. 3 Figure 3. Photograph location map. ................................................................................................................... 4 Figure 4. Historic resource location map. ......................................................................................................... 10 Figure 5. Archaeological Resource and Survey locations. ............................................................................... 15 List of Tables Table 1. NRHP-eligible or listed historic resources located within the 0.5-mile visual APE. ............................... 9 Table 2. Determinations for identified historic resources. ................................................................................. 10 Table 3. Previously identified archaeological resources within a 0.50-mile radius of the project. ..................... 14 Table 4. Prior archaeological surveys identified within a 0.50-mile radius of the project. .................................. 15 List of Photographs 1.View of proposed lease area, looking north. ....................................... 2.View of proposed lease area, looking east. ........................................ 3.View of proposed lease area, looking south. ...................................... 4.View of proposed lease area, looking west. ....................................... View from the proposed lease area, facing east towards the surrounding area. View from the proposed lease area, facing south towards the surrounding area. View from the proposed lease area, facing north towards the surrounding area. View from the proposed lease area, facing west towards the surrounding area. 9.View of Fort View Inn/Carlanns, facing northwest............................. 10.View from Fort View Inn/Carlanns towards tower location, facing south. 11.View of Parkins Mill Battery, facing west. ...........................................  12.View from Parks Mill Battery towards project location, facing northwest. 13.View of Parks Mill/Frederick Hall, facing west ....................................  14.View from Parks Mill/Frederick Hall towards the project location, view northwest ............................ 14 245 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 1 Introduction This report documents the results of the cultural resources survey for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO, located in Winchester, VA. The survey was conducted to ensure that resources eligible for or listed in the National Register of Historic Places (NRHP) located within the Area of Potential Effect (APE) are not adversely affected by the proposed project. This work is being done as required by Section 106 of the National Historic Preservation Act of 1966 (as amended) and its implementing regulations, 36 CFR Part 800. In addition, this document is being submitted in FRPSOLDQFHZLWKWKH)HGHUDO&RPPXQLFDWLRQV&RPPLVVLRQ )&& ³1DWLRQZLGe Programmatic Agreement for Review of (IIHFWVRQ+LVWRULF3URSHUWLHVIRU&HUWDLQ8QGHUWDNLQJV$SSURYHGE\WKH)HGHUDO&RPPXQLFDWLRQV&RPPLVVLRQ´ )&& 2005). Project Description and Field Conditions The subject property for the project is located at 1930 Front Royal Pike, Winchester, VA 22602, at coordinates ƒ¶´1ƒ¶´: (Figures 1-3; Photographs 1-8). The project proposes the construction of a new monopole telecommunications tower and associated equipment within a fenced compound within a 55ft-by-45ft lease area. The proposed tower has an estimated height of 152ft, including all appurtenances. The project will be accessible via a 10ft-wide access and utility easement that extends from the project area to an adjacent, extant parking lot. The total project area measures approximately 0.09 acres (0.03 hectares). Scope of Work The cultural resource survey for the project consists of an archaeological survey and a viewshed analysis in which all known standing historic resources within the APE were analyzed. The archaeological survey for the project consisted of background research, a cultural resources records search, and fieldwork. Archaeological potential was assessed as low. Following this assessment, the archaeological fieldwork was conducted on September 19, 2022 by George Huss, Archaeologist of JMT, working under the direct supervision of Lauren Gryctko, Registered Professional Archaeologist (RPA) and Senior Archaeologist of JMT, who serves as Principal Investigator for this project. Archaeological fieldwork included visual inspection and pedestrian walkover within the APE. Ground visibility within the proposed project area varied between approximately 45-60%. Zero STPs were placed in the APE. No artifacts were uncovered, no archaeological sites were identified, and no additional archaeological testing is recommended. Sara McLaughlin, Senior Architectural Historian, Senior Architectural Historian of JMT, conducted the background research and evaluation for standing historic resources. 246 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 2 Figure 1. USGS (1:24,000) project location map. Choose a building block. 247 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 3 Figure 2. Aerial (1:24,000) project location map. 248 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 4 Figure 3. Photograph location map. 249 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 5 1.View of lease area facing north. 2.View of lease area facing east. 250 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 6 3.View of lease area facing south. 4.View of lease area facing west. 251 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 7 5.View from lease area facing north, towards surrounding area. 6.View from lease area facing east, towards surrounding area. 252 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 8 7.View from lease area facing south, towards surrounding area. 8.View from lease area facing west, towards surrounding area. 253 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 9 AREA OF POTENTIAL EFFECTS The APE for direct effects is defined as the area of potential ground disturbance and any property, or any portion thereof, which will be physically altered or destroyed by the undertaking. The entire project footprint was included in the survey as well as a 50ft buffer around the project lease area and access easement. The APE for direct effects for this undertaking includes all areas discussed above. JMT investigated all areas within the proposed APE. The APE for visual effects is the geographic area in which the project has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a historic property that makes it eligible for listing on the NRHP. The presumed APE for visual effects for construction of new facilities is the area from which the tower will be visible. Due to the overall height of the proposed undertaking (150ft) the presumed APE for visual effects for this project is a 0.5-mile radius from the tower site. Background Research Literature and Document Search Sara McLaughlin, Senior Architectural Historian of JMT conducted a cultural resources records search on September 14, 2022. Resources included historic maps and atlases, soil surveys, and aerial photography, and information from VCRIS Mapviewer²an online database of cultural resources, managed by the Virginia Department of Historic Resources (VDHR), which serves as the Virginia State Historic Preservation Office (SHPO). Historic Resources JMT provided research and fieldnotes to Sara McLaughlin, Senior Architectural Historian who confirmed that there are three previously identified above-ground historic resources within the 0.50-mile APE for visual effects which have been determined eligible for or listed in the NHRP. These resources are described below. (Table 1, Figure 4) Table 1. NRHP-eligible or listed historic resources located within the 0.5-mile visual APE. NRHP/SHPO Resource ID Resource Name Address NRHP Eligibility 034-5066 )RUW9LHZ,QQ&DUODQQ¶V 1810 Front Royal Pike Eligible 034-0143 Parkins mill/Frederick Hall 39.109781 N, 78.156958 W Potentially Eligible 034-0458 Parkins Mills Battery/Fort Hill Off Route 522 down W. Parks Mill Road Eligible 254 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 10 Figure 4. Historic resource location map. Sara McLaughlin, Senior Architectural Historian reviewed the results of the background research as well as field photographs and notes collected during the survey on and recommends the determination of No Adverse Effect on Historic Properties within the APE for Visual Effects based on the details in the table below (Table 2). Table 2. Determinations for identified historic resources. NRHP/SHPO Resource ID Resource Name Effect Determination Explanation of Effect Determination Photo Number 034-5066 Fort View ,QQ&DUODQQ¶V No Adverse Effect The Parkins Mill/Frederick Hall is located approximately 170-feet northwest of the project location and is in the APE for visual effects. The project location is visible from the resource. The resource is surrounded by mature trees, which obscure the view of the building from the public right of way. Due to these existing visual obstructions, the proposed project will be largely obscured from view of the resource. Modern visual intrusions, including power lines and utilities are present in the surrounding area, and modern development is also present within the viewshed. As such, the addition of the proposed tower will not significantly impact the overall character of the setting, which includes a mix of buildings and infrastructure from various historic and contemporary periods. It is therefore recommended that the proposed project will have No Adverse Effect on the Parkins Mill/Frederick Hall. 9-10 034-0143 Parkins mill/Frederick Hall No Adverse Effect The Parkins Mills Battery/Fort Hill battlefield site is in the APE for visual effects and is approximately 270-feet east of the project location. The project location is visible from the resource. Dense vegetation surrounds the battlefield site and will obscure much of the proposed project from view. Additionally, modern visual intrusions, including power lines and utilities are present in the surrounding area, and modern development is also present within the viewshed. As such, the addition of the proposed tower will not significantly impact the overall character of the 11-12 255 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 11 setting, which includes a mix of buildings and infrastructure from various historic and contemporary periods. Given these conditions, it is recommended that the proposed project will have No Adverse Effect on the Parkins Mills Battery/Fort Hill. 034-0458 Parkins Mills Battery/Fort Hill No Adverse Effect Located approximately 1,275-feet north of the project location and in the APE for visual effects is the Fort View ,QQ&DUODQQ¶V*LYHQWKHGLVWDnce from the resource and the presence of mature trees within the viewshed, visibility to the project location will be limited. Modern features within the surrounding area impart an eclectic character to the setting in which the proposed tower would not be out of place. It is therefore recommended that the proposed project will have No Adverse Effect on WKH)RUW9LHZ,QQ&DUODQQ¶V 13-14 9.View of resource (Parkins Mill/Frederick Hall- 034-0143) facing west. 256 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 12 10.View from resource (Parkins Mill/Frederick Hall- 034-0143) facing northeast, towards project location. 11.View of resource (Parkins Mills Battery/Fort Hill-034- 0458) facing west. 257 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 13 12.View from resource (Parkins Mills Battery/Fort Hill-034- 0458) facing northwest, towards project location. 13.View of resource (Fort View ,QQ&DUODQQ¶V-034- 5066) facing northwest. 258 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 14 14.View from Parks Mill/Frederick Hall towards the project location, view northwest Archaeological Resources Background research identified there are 20 previously identified archaeological resources (Table 3; Figure 5), and are three prior archaeological surveys (Table 4), within a 2000-foot radius of the project. Table 3. Previously identified archaeological resources within a 2000-foot radius of the project. Site Number/ SHPO ID Site Type Site Description NRHP Status 44FK0078 Dam 19th Century (1800 - 1899) Dam Not evaluated 44FK0079 null Prehistoric/Unknown (15000 B.C. - 1606 A.D.) artifact scatter Not evaluated 44FK0084 Outbuilding 20th Century (1900 - 1999) outbuilding Not evaluated 44FK0109 Dwelling, single, Mill 18th Century (1700 - 1799), 19th Century (1800 - 1899) dwelling Not evaluated 44FK0110 Other Historic/Unknown artifact scatter Not evaluated 44FK0113 Other 20th Century: 4th quarter (1975 - 1999) Not evaluated 44FK0114 Bridge 20th Century: 1st half (1900 - 1949) bridge Not evaluated 44FK0449 Military camp 20th Century: 1st quarter (1900 - 1924) military camp Not evaluated 44FK0450 Earthworks Civil War (1861 - 1865) earthworks Not evaluated 44FK0471 Camp 20th Century: 1st quarter (1900 - 1924) camp Not evaluated 44FK0472 Camp 19th Century: 3rd quarter (1850 - 1874) camp Not evaluated 44FK0473 Camp 19th Century: 3rd quarter (1850 - 1874) camp Not evaluated 44FK0474 Dwelling, single 19th Century: 1st quarter (1800 - 1825) dwelling Not evaluated 44FK0625 Earthworks 19th Century: 3rd quarter (1850 - 1874) earthworks Not evaluated 44FK0628 Military camp Civil War (1861 - 1865) military camp Not Eligible 44FK0662 Military camp 19th Century: 3rd quarter (1850 - 1874) military camp Not evaluated 44FK0663 Military camp 19th Century: 3rd quarter (1850 - 1874) military camp Not evaluated 259 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 15 44FK0664 Military camp 19th Century: 3rd quarter (1850 - 1874) military camp Not evaluated 44FK0665 Military camp 19th Century: 3rd quarter (1850 - 1874) military camp Not evaluated 44FK0666 Military camp 19th Century: 3rd quarter (1850 - 1874) military camp Not evaluated Table 4. Prior archaeological surveys identified within a 2000-foot radius of the project. Survey/Report ID Title Citation DHR Report Number DHR Report Title Author Affiliation FK-019 An Archaeological Survey of and Management Plan for Cultural Resources in the Vicinity of the Upper Opequon Creek James Madison University (Archaeological Research Center/Laboratory) 1991 FK-035 A Phase I Cultural Resource Survey of the Proposed Widening and Realignment of a 7.03 Mile Section of Route 522 in Frederick and Clarke Counties, Virginia James Madison University (Archaeological Research Center/Laboratory) 1990 FK-085 Phase I Archaeological Survey of the Frederick-Winchester Service Authority Property, Frederick County, Virginia Dovetail Cultural Resource Group, LLC 2007 HISTORIC ARCHAEOLOGICAL POTENTIAL Historic archaeological potential was assessed as moderate. Background research identified one previously identified historic archaeological resource in or directly adjacent to the APE for direct effects. Five or more previously identified Figure 5. Archaeological Resource and Survey locations. 260 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 16 historic archaeological resources within a 2000-foot radius of the project. The area had been surveyed twice in the past for road widening and for the neighboring creek. The project is located in a partially developed lot adjacent to Front Royal Pike. The lot is currently graded with push- piles of asphalt, soil, and gravel across the area. It is currently used as parking for the adjacent building. It is primarily surrounded by agricultural fields and scattered residential and recreational development. The general area exhibits increased development to the south toward a wastewater treatment facility and housing developments. The subject property appears to have been utilized as an agricultural field since at least 1914, and the Front Royal Pike was established. The area was graded between 1982 and 1997 and appears to have been maintained as such since (NETR Online 2022; Google 2022). PRE-CONTACT ARCHAEOLOGY POTENTIAL Pre-contact archaeological potential was assessed as low. Background research identified one previously identified pre- contact archaeological resource in or directly adjacent to the APE for direct effects. One previously identified pre-contact archaeological resource within a 2000-foot radius of the project. Soil at the proposed project area is mapped as 41B ± Weikert-Berks Channery Silt Loam. Weikert-Berks silt loams are well drained soils occurring on low hills and has a typical profile of Ap - 0 to 7 inches: silt loam over Bw ± 7 to 14 inches: very channery silt loam over C ± 14 to 18 inches: extremely channery silt loam (Soil Survey Staff 2022). The subject property is in the Valley and Ridge physiographic region (see Additional References). The nearest source of fresh water is Opequon Creek, located approximately 410ft (125m) south of the project. Methodology Field Methods The goal of archaeological testing for the project was to determine the presence of any historic or pre-contact archaeological sites or features within the APE. The testing strategy for the Phase I archaeological survey of the APE was determined by the archival research, field observations, and a consideration of the engineering design plans for the project. The project is located on a heavily graded lot and is previously disturbed from the grading and pushpiles of asphalt, dirt, and gravel. Prior construction activities would have likely disturbed any archeological deposits in the APE and would likely have compromised the integrity of any archeological deposits in the area. Due to prior disturbance within the project area, archaeological testing was accomplished through visual inspection via pedestrian walkover of the APE. Laboratory Methods and Collection Curation No artifacts were recovered by the survey. Accordingly, no curation of artifacts is necessary. All field notes and reference materials will be curated by JMT. A digital and/or physical copy of the report will be retained on file at the SHPO upon acceptance of the final report. 261 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 17 Results Fieldwork was conducted on September 19, 2022 and one day was spent in the field. All areas were visually inspected. Zero STPs were placed in the APE. STPs were not placed because of the disturbance associated with the grading activities at the site. Survey and Interpretation and Evaluation STPs were not able to be excavated because of the existing disturbance to the APE. No archaeological artifacts or sites were identified. The subject property is a graded piece of land which does not meet any of the requirements for consideration for listing in the NRHP. Sara McLaughlin, Senior Architectural Historian confirmed the absence of standing historic resources within the APE for direct effects by reviewing field photographs and notes collected during the archaeological survey . Background research identified that there are three previously identified above-ground historic resources within the 0.5- mile APE for visual effects. Recommendations In accordance with 36 CFR Part 800, JMT conducted a Phase I archaeological survey for Trileaf Corporation Project 708222 ± 3DUNLQV0LOOV and assessed the effects of the project on NRHP-listed or -eligible resources in the project APE. JMT visually inspected the entire APE and excavated zero STPs during the archaeological survey. No artifacts were identified during archaeological testing for the project. No archaeological sites were identified, and no additional archaeological testing is recommended. It is our opinion that no additional archaeological investigation is warranted and that the project can proceed as currently designed. Zero previously identified above-ground historic resources are located within the APE for direct effects. Three previously identified above-ground historic resources are within the APE for visual effects. JMT recommends findings of No Adverse Effect on Historic Properties within the APE for Direct Effects and No Adverse Effect on Historic Properties within the APE for Visual Effects for the proposed telecommunications project, Trileaf Corporation Project 708222 ± 3DUNLQV0LOO. Principal Investigator September 23, 2022 Nicholas Arnhold, RPA and Senior Archaeologist Date 262 Cultural Resources Report for Trileaf Corporation Project 708222 ± 3DUNLQV0LOO Page 18 References Cited ESRI 2022 USGS Historical Topographic Map Explorer. http://historicalmaps.arcgis.com/usgs, accessed September 23, 2022. Federal Communications Commission (FCC) 2005 Nationwide Programmatic Agreement Regarding the Section 106 National Preservation Act Review Process, Report and Order, FCC 04-222. Annotated version showing later technical and officially adopted revisions available from the Federal Communications Commission website at http://wireless.fcc.gov/siting/npa/nap.html. Google Earth 2022 Current and historic imagery observed using Google Earth application, http://earth.google.com, accessed September 23, 2022. NETROnline 2022 Historic USGS Topographic Maps and Historic Aerial Photographs. National Environmental Title Research. Historic Aerials, http://www.historicaerials.com, accessed September 23, 2022. Soil Survey Staff 2022 Web Soil Survey. USDA, Natural Resources Conservation Service. http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx, accessed September 23, 2022. 263 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 6.TRIBAL AND NHO INVOLVEMENT At an early stage in the planning process, the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations (“NHOs”) to assist in the identification of Historic Properties of religious an d cultural significance to them. Describe measures taken to identify Indian tribes and NHOs that may attach religious and cultural significance to Historic Properties that may be affected by the construction within the Areas of Potential Effects (“APE”) for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by either the FCC, the Applicant, or the Applicant’s representative. Provide copies of relevant documents, including correspondence. If no such Indian tribes or NHOs were identified, please explain. Trileaf Corporation completed the Tower Construction Notification System (TCNS) on September 12, 2022 and received the notification of interested tribes on September 16, 2022. The attached FCC Notification email lists the Tribes identified through the TCNS process. A second notice will be sent to all interested tribes/organizations, after a period of 30 days and the consultation process will continue per the FCC’s guidelines. Any relevant comments from Tribes received by Trileaf will be forwarded to your office. 264 From:towernotifyinfo@fcc.gov To:tribal Cc:tcnsweekly@fcc.gov Subject:NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8296788 Date:Friday, September 16, 2022 2:28:30 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The notification that you provided was forwarded to the following Tribal Nations and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. 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 Exclusions: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster with this information. 2. TCNS Rep Bryan Printup - Tuscarora Nation - 5226 Walmore Rd Via: Lewiston, NY - bprintup@hetf.org - 265 716-264-6011 (ext: 103) - electronic mail If the applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification through TCNS, the Tuscarora Nation has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Tuscarora Nation in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 3. THPO Noah C White III - Prairie Island Indian Community - 5636 Sturgeon Lake Road Welch, MN - celltower@piic.org - 651-385-4175 - electronic mail If the applicant/tower builder receives no response from the Prairie Island Indian Community within 30 days after notification through TCNS, the Prairie Island Indian Community has no interest in participating in pre- construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Prairie Island Indian Community in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. THPO Edith Leoso - Bad River Band of Lake Superior Tribe of Chippewa Indians - (PO Box: 39) Odanah, WI - thpo@badriver-nsn.gov; 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. 5. Gwen Terrapin - Cherokee Nation - (PO Box: 948) Tahlequah, OK - historicpreservation@cherokee.org; gwen-terrapin@cherokee.org - 918-772-4165 - electronic mail Exclusions: 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 266 Wyandotte, OK - celltower@estoo.net - 918-238-5151 (ext: 1861) - regular mail Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened. Submit one printed color copy by US postal mail or other parcel carrier of all documentation to: Eastern Shawnee Tribe Attn: CellTower Program 70500 E. 128 Rd. Wyandotte, OK 74370 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 G Haire DMD - Catawba Indian Nation - 1536 Tom Steven Road Catawba Cultural Center Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803- 417-9057 - regular mail Exclusions: Please do not email documentation; it will be deleted without being opened. Mail one printed color copy of all documentation to address: Dr. Wenonah G. Haire Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, SC 29730 Please submit by US Postal mail or other parcel carrier complete information for all telecommunication projects: 1. Please provide 1 page cover letter with following information a. TCNS Number b. Company Name c. Project Name, City, County, State d. Project Type e. Project coordinates f. Contact information 2. We also request photographs of project area, previous land use history and copy of SHPO Letter. If you have any questions about our process or timeline of project notifications you can email Caitlin Rogers at Caitlinh@ccppcrafts.com 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 267 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 - 1811 East Grace St Suite A Richmond, VA - ellen@culturalheritagepartners.com; rapn8n@gmail.com - 434-327-6663 - electronic mail 10. Chief Kenneth W Branham - Monacan Indian Nation - 111 Highview Dr Madison Heights, VA - Consultation@MonacanNation.com; Consultation@MonacanNation.com - 434-363-4864 - 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 - (PO Box: 184) King William, VA - wfrankadams@verizon.net - 804-690-1694 - electronic mail 13. Chief Chief Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane Suffolk, VA - chief@nansemond.org; assistantchief@nansemond.org - 757-619-0670 - electronic mail The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SHPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA. 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 268 16. Manager - Office of Review & Compliance Ethel R Eaton PhD - Department of Historic Resources - 2801 Kensington Avenue Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail 17. Deputy SHPO Susan M Pierce - West Virginia Division of Culture & History, Historic Preservation Office - 1900 Kanawha Boulevard East Charleston, WV - susan.pierce@wvculture.org - 304-558-0240 - electronic mail 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 proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre- construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by emailing tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 09/12/2022 Notification ID: 255623 Excluded from SHPO Review: No Tower Owner Individual or Entity Name: Arcola Towers Consultant Name: Crystal Macklin Street Address: 1515 Des Peres Rd. Ste 200 Suite 200 City: St. Louis State: MISSOURI Zip Code: 63131 Phone: 314-997-6111 Email: tribal@trileaf.com Structure Type: MTOWER - Monopole Latitude: 39 deg 6 min 33.7 sec N Longitude: 78 deg 9 min 23.3 sec W Location Description: 1930 Front Royal Pike City: Winchester 269 State: VIRGINIA County: FREDERICK Detailed Description of Project: Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. Ground Elevation: 196.7 meters Support Structure: 45.7 meters above ground level Overall Structure: 46.3 meters above ground level Overall Height AMSL: 243.0 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.fcc.gov%2fwireless%2favailable-support- services&c=E,1,II151H9Q52gR6yJyCckjWnGuUIEYEXmAv-xNbJ_3h4DLWaFk2- tphCi6ImSWXZgkUawe1YaITqRWt8RrD8fARxHS8gazS_LEAk2cD3T2nMwPRyZN7g,,&typo=1 You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission 270 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 7. HISTORIC PROPERTIES DIRECT EFFECTS 1. List all properties within the APE for direct effects. On September 14, 2022, JMT completed a review of the available records as required per Section VI.D.2 of the Federal Communications Commission’s 2004 Nationwide Programmatic Agreement to identify historic properties in the APE for Direct Effects. Based on this review, no Historic Properties were identified within the APE for direct effects. a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for direct effects, not listed in part “a” (above), that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant’s research. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible, describe why it does not satisfy the criteria of eligibility. The subject property is an existing utility lease area that was developed around the year 2000 according to historic aerials. There are no historic above-ground structures, objects or buildings present within the APE for Direct Effects as defined above. No portion of the subject property appears to possess any of the characteristics necessary for consideration for listing in the NRHP and it is recommended not eligible. b. Describe the techniques and the methodology, including any field survey, used to identify Historic Properties within the APE for direct effects.1 If no archeological field survey was performed, provide a report substantiating that: i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, ii) geomorphological evidence indicates that cultural resource-bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth.2 JMT completed the process outlined in Section VI.D.2 of the FCC’s 2004 NPA to identify above ground historic properties. Please see parts a. and b. above. Johnson, Mirmiran & Thompson completed an evaluation of the proposed project location for the likelihood of containing archeological Historic Properties. Please refer to the report in Attachment 5 documenting the findings of this project review by a qualified archaeologist including a description of the techniques and the methodology used to identify Historic Properties within the APE for direct effects. The project is located on a heavily graded lot and is previously disturbed from the grading and pushpiles of asphalt, dirt, and gravel. Prior construction activities would have likely disturbed any archeological deposits in the APE and would likely have compromised the integrity of any archeological deposits in the area. Due to prior disturbance within the project area, archaeological testing was accomplished through visual inspection via pedestrian walkover of the APE. 1 Pursuant to Section VI.D.2.a. of the Nationwide Agreement, Applicants shall make a reasonable and good faith effort to identify above ground and archeological Historic Properties, including buildings, structures, and historic districts, that lie within the APE for direct effects. Such reasonable and good faith efforts may include a field survey where appropriate. 2 Under Section VI.D.2.d. of the Nationwide Agreement, an archeological field survey is required even if none of these conditions applies, if an Indian tribe or NHO provides evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects. 271 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 8. HISTORIC PROPERTIES VISUAL EFFECTS Historic Properties Identified for Visual Effects Guidelines 1.Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPO/THPO, pursuant to Section VI.D.1.a. of the Nationwide Agreement. On September 14, 2022, JMT completed a review of the available records as required per Section VI.D.1 of the Federal Communications Commission’s 2004 Nationwide Programmatic Agreement to identify historic properties in the APE for Visual Effects. The cultural resources records search disclosed three previously identified historic resources within the APE for visual effect. Those resources are described in the following table: NRHP/SHPO Inventory ID Resource Name Address NRHP Eligibility 034-0143 Parkins Mill/Frederick Hall Front Royal Pike, Winchester, VA Potentially Eligible (DHR) 034-0458 Parkins Mills Battery/Fort Hill Off Route 522 down W Parkins Mill Road, Winchester, VA Eligible 034-5066 Fort View Inn/Carlann’s 1810 Front Royal Pike, Winchester, VA Eligible 2.Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in part “a”, identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). As of the date of this report, Trileaf Corporation has not received comments from Indian Tribes, NHOs, local governments, or members of the public that identify Historic Properties in the APE for visual effects that are not listed in the above list of Historic Properties. 3.For any properties listed in the above Historic Properties list, that the Applicant considers no longer eligible for inclusion in the National Register, explain the basis for this recommendation. N/A 272 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 9. LOCAL GOVERNMENT 1. If any local government has been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Programmatic Agreement, list the local government agencies contacted. Provide a summary of contacts and copies of any relevant documents (e.g., correspondence or notices). On September 26, 2022, the Frederick County, Virginia – Historic Resources Advisory Board was notified of the proposed project and has been invited to comment on the proposed project’s potential effect on Historic Properties as well as indicate whether they are interested in consulting further on the proposed project. A copy of Trileaf Corporation’s correspondence with the local government’s office is attached. As of the date of this submission packet, no comments have been received from the local government. Should a response be received, copies will be forwarded to all consulting parties as an addendum to this submission packet. 2. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place. N/A 273 8600 LaSalle Road, Suite 301, Towson, Maryland 21286 - 410.853.7128 - www.trileaf.com September 26, 2022 Frederick County, Virginia – Historic Resource Advisory Board Attn: Kayla Peloquin - Planner 107 N. Kent Street Winchester, VA 22601 Email: kayla.peloquin@FCVA.us RE: Arcola Towers – Parkins Mill / Project# – Trileaf Project #708222 1930 Front Royal Pike, Winchester, VA 22602 Frederick County, Stephens City Quadrangle (USGS) Latitude: 39° 06’ 33.74” N, Longitude: 78° 09’ 23.29” W Dear Ms. Peloquin: Trileaf Corporation is in the process of completing a Section 106 Review at the referenced property. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently mixed forested and shrubbed area. The antenna will be licensed by the Federal Communications Commission (FCC). Our investigation includes determining if the site is contained in, on or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archaeology, engineering or culture, that is listed, or eligible for listing on the State or National Registers of Historic Places, or located in or on an Indian Religious Site. Trileaf is requesting information regarding this tower’s potential effect on Historic Properties. All information received will be forwarded to the State Historic Preservation Office (SHPO) as part of the Section 106 review process. Additionally, this invitation to comment is separate from any local planning/zoning process that may apply to this project. If you wish to comment or be considered a consulting party, please respond within thirty (30) days of the date of this letter. If a response is not received within thirty (30) days, it will be assumed that you have no objections to this undertaking. A site topography map and aerial photograph are enclosed for your reference. Please call me at (410) 853-7128 or email k.lauer@trileaf.com if you need additional information or have any questions. Thank you for your assistance in this regard. Sincerely, Kayla Lauer Assistant Project Manager 274 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 10. OTHER CONSULTING PARTIES AND PUBLIC NOTICE List additional consulting parties that were invited to participate by the Applicant, or independently requested to participate. Provide any relevant correspondence or other documents. On September 26, 2022, the Winchester - Frederick County Historical Society was notified of the proposed project and has been invited to comment on the proposed project’s potential effect on Historic Properties as well as indicate whether they are interested in consulting further on the proposed project. A copy of Trileaf Corporation’s correspondence with the historical society is attached. As of the date of this packet, Trileaf has not received any comments from any interested parties. Should any additional consulting parties be identified, or additional comments and/or responses be received from any interested parties regarding the proposed project’s potential effect on Historic Properties, copies will be forwarded to all consulting parties as an addendum to this submission packet. You are required to provide a Public Notice Attachment. Attached, please find a copy of a legal notice regarding the proposed telecommunications tower construction that was posted in The Winchester Star on September 28, 2022. As of the date of this submission packet, no comments regarding this notice have been received by Trileaf Corporation. Should a response be received, copies will be forwarded to all consulting parties as an addendum to this submission packet. 275 8600 LaSalle Road, Suite 301, Towson, Maryland 21286 - 410.853.7128 - www.trileaf.com September 26, 2022 Winchester – Frederick County Historical Society 1340 S. Pleasant Valley Road Winchester, VA 22601 Phone: (540) 662-6550 Email: cshull@winchesterhistory.org RE: Arcola Towers – Parkins Mill / Project# – Trileaf Project #708222 1930 Front Royal Pike, Winchester, VA 22602 Frederick County, Stephens City Quadrangle (USGS) Latitude: 39° 06’ 33.74” N, Longitude: 78° 09’ 23.29” W To Whom it May Concern: Trileaf Corporation is in the process of completing a Section 106 Review at the referenced property. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently mixed forested and shrubbed area. The antenna will be licensed by the Federal Communications Commission (FCC). Our investigation includes determining if the site is contained in, on or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archaeology, engineering or culture, that is listed, or eligible for listing on the State or National Registers of Historic Places, or located in or on an Indian Religious Site. Trileaf is requesting information regarding this tower’s potential effect on Historic Properties. All information received will be forwarded to the State Historic Preservation Office (SHPO) as part of the Section 106 review process. Additionally, this invitation to comment is separate from any local planning/zoning process that may apply to this project. If you wish to comment or be considered a consulting party, please respond within thirty (30) days of the date of this letter. If a response is not received within thirty (30) days, it will be assumed that you have no objections to this undertaking. A site topography map and aerial photograph are enclosed for your reference. Please call me at (410) 853-7128 or email k.lauer@trileaf.com if you need additional information or have any questions. Thank you for your assistance in this regard. Sincerely, Kayla Lauer Assistant Project Manager 276 277 NT SUBMISSION PACKET - FCC FORM 620 Approved by OMB 3060-1039 See instructions for Public burden estimates Applicant’s Name: Arcola Towers Project Name: Parkins Mill Project Number: 708222 FCC FORM 620 ATTACHMENT 11. SHPO SPECIFIC FORMS N/A 278 1 Kayla Lauer From:towernotifyinfo@fcc.gov Sent:Monday, November 14, 2022 10:46 AM To:Kayla Lauer Subject:Section 106 Notification of SHPO/THPO Concurrence- Email ID #7704601 Follow Up Flag:Follow up Flag Status:Flagged CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognizethe senderandknowthecontentissafe.  ThisistonotifyyouthattheLeadSHPO/THPOhasconcurredwiththefollowingfiling: DateofAction:11/14/2022 DirectEffect:NoHistoricPropertiesinAreaofPotentialEffects(APE) VisualEffect:NoAdverseEffectonHistoricPropertiesinAPE CommentText:None  FileNumber:0010232372 TCNSNumber:255623 Purpose:NewTowerSubmissionPacket  NotificationDate:7AMEST10/11/2022  Applicant:ArcolaTowers Consultant:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation PositiveTrainControlFilingSubjecttoExpeditedTreatmentUnderProgramComment:No SiteName:ParkinsMill SiteAddress:1930FrontRoyalPike DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. SiteCoordinates:39Ͳ6Ͳ33.7N,78Ͳ9Ͳ23.3W City:Winchester County:FREDERICK State:VA LeadSHPO/THPO:VirginiaDepartmentofHistoricResources  NOTICEOFFRAUDULENTUSEOFSYSTEM,ABUSEOFPASSWORDANDRELATEDMISUSE UseoftheSection106systemisintendedtofacilitateconsultationunderSection106oftheNationalHistoric PreservationActandmaycontaininformationthatisconfidential,privilegedorotherwiseprotectedfromdisclosure underapplicablelaws.AnypersonhavingaccesstoSection106informationshalluseitonlyforitsintendedpurpose. Appropriateactionwillbetakenwithrespecttoanymisuseofthesystem. 279 1 Kayla Lauer From:towernotifyinfo@fcc.gov Sent:Monday, November 14, 2022 8:46 AM To:Kayla Lauer Subject:Section 106 Notification of New Comment- Email ID #7703971 Follow Up Flag:Follow up Flag Status:Flagged CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognizethe senderandknowthecontentissafe.  Thisistonotifyyouthatanewcommenthasbeenaddedtothefollowingfiling: CommentSource:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation CommentDate:11/14/2022 CommentText:PhotosimofViewfromInn(Photo#14)uploaded(KL)  FileNumber:0010232372 TCNSNumber:255623 Purpose:NewTowerSubmissionPacket  NotificationDate:7AMEST10/11/2022  Applicant:ArcolaTowers Consultant:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation PositiveTrainControlFilingSubjecttoExpeditedTreatmentUnderProgramComment:No SiteName:ParkinsMill SiteAddress:1930FrontRoyalPike DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. SiteCoordinates:39Ͳ6Ͳ33.7N,78Ͳ9Ͳ23.3W City:Winchester County:FREDERICK State:VA LeadSHPO/THPO:VirginiaDepartmentofHistoricResources  NOTICEOFFRAUDULENTUSEOFSYSTEM,ABUSEOFPASSWORDANDRELATEDMISUSE UseoftheSection106systemisintendedtofacilitateconsultationunderSection106oftheNationalHistoric PreservationActandmaycontaininformationthatisconfidential,privilegedorotherwiseprotectedfromdisclosure underapplicablelaws.AnypersonhavingaccesstoSection106informationshalluseitonlyforitsintendedpurpose. Appropriateactionwillbetakenwithrespecttoanymisuseofthesystem. 280 1 Kayla Lauer From:towernotifyinfo@fcc.gov Sent:Monday, November 14, 2022 8:46 AM To:Kayla Lauer Subject:Section 106 Notification of New Document- Email ID #7703964 Follow Up Flag:Follow up Flag Status:Flagged CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognizethe senderandknowthecontentissafe.  Thisistonotifyyouthatanewdocumenthasbeenaddedtothefollowingfiling: DocumentSource:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation DocumentDate:11/14/2022 DocumentType:ResponsetoSHPO/THPORequestforInformation DocumentDescription:PhotoSimofViewfromInn  FileNumber:0010232372 TCNSNumber:255623 Purpose:NewTowerSubmissionPacket  NotificationDate:7AMEST10/11/2022  Applicant:ArcolaTowers Consultant:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation PositiveTrainControlFilingSubjecttoExpeditedTreatmentUnderProgramComment:No SiteName:ParkinsMill SiteAddress:1930FrontRoyalPike DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. SiteCoordinates:39Ͳ6Ͳ33.7N,78Ͳ9Ͳ23.3W City:Winchester County:FREDERICK State:VA LeadSHPO/THPO:VirginiaDepartmentofHistoricResources  NOTICEOFFRAUDULENTUSEOFSYSTEM,ABUSEOFPASSWORDANDRELATEDMISUSE UseoftheSection106systemisintendedtofacilitateconsultationunderSection106oftheNationalHistoric PreservationActandmaycontaininformationthatisconfidential,privilegedorotherwiseprotectedfromdisclosure underapplicablelaws.AnypersonhavingaccesstoSection106informationshalluseitonlyforitsintendedpurpose. Appropriateactionwillbetakenwithrespecttoanymisuseofthesystem. 281 282 1 Kayla Lauer From:towernotifyinfo@fcc.gov Sent:Monday, October 24, 2022 11:16 AM To:Kayla Lauer Subject:Section 106 Notification of SHPO/THPO Request for Information- Email ID #7617691 Follow Up Flag:Follow up Flag Status:Flagged CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognizethe senderandknowthecontentissafe.  ThisistonotifyyouthattheLeadSHPO/THPOhasrequestedadditionalinformationonthefollowingfiling: Source:VirginiaDepartmentofHistoricResources DateofAction:10/24/2022 CommentText:PleaseprovideaphotosimulationofwhatthetowerwouldlooklikeinPhoto#14,viewedfromtheFort ViewInn. Thanks, ChrisNovelli  FileNumber:0010232372 TCNSNumber:255623 Purpose:NewTowerSubmissionPacket  NotificationDate:7AMEST10/11/2022  Applicant:ArcolaTowers Consultant:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation PositiveTrainControlFilingSubjecttoExpeditedTreatmentUnderProgramComment:No SiteName:ParkinsMill SiteAddress:1930FrontRoyalPike DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. SiteCoordinates:39Ͳ6Ͳ33.7N,78Ͳ9Ͳ23.3W City:Winchester County:FREDERICK State:VA LeadSHPO/THPO:VirginiaDepartmentofHistoricResources  Pleasenotethatyoumustrespondtothisrequestwithin60daysorthisfilingwillbeatriskofclosure.Toensurethat yourresponsetothisrequestisaccuratelyrecorded,yourresponsemustbeuploadedasadocumentoftype'Response toSHPO/THPORequestforInformation'.  NOTICEOFFRAUDULENTUSEOFSYSTEM,ABUSEOFPASSWORDANDRELATEDMISUSE UseoftheSection106systemisintendedtofacilitateconsultationunderSection106oftheNationalHistoric PreservationActandmaycontaininformationthatisconfidential,privilegedorotherwiseprotectedfromdisclosure underapplicablelaws.AnypersonhavingaccesstoSection106informationshalluseitonlyforitsintendedpurpose. Appropriateactionwillbetakenwithrespecttoanymisuseofthesystem. 283 1 Kayla Lauer From:towernotifyinfo@fcc.gov Sent:Friday, October 7, 2022 2:16 PM To:Kayla Lauer Subject:Section 106 New Filing Submitted- Email ID #7571841 Follow Up Flag:Follow up Flag Status:Flagged CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyourecognizethe senderandknowthecontentissafe.  ThefollowingnewSection106filinghasbeensubmitted:  FileNumber:0010232372 TCNSNumber:255623 Purpose:NewTowerSubmissionPacket  NotificationDate:7AMEST10/11/2022  Applicant:ArcolaTowers Consultant:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation PositiveTrainControlFilingSubjecttoExpeditedTreatmentUnderProgramComment:No SiteName:ParkinsMill SiteAddress:1930FrontRoyalPike DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. SiteCoordinates:39Ͳ6Ͳ33.7N,78Ͳ9Ͳ23.3W City:Winchester County:FREDERICK State:VA LeadSHPO/THPO:VirginiaDepartmentofHistoricResources  ConsultantContactInformation: Name:Johnson,Mirmiran&ThompsononbehalfofTrileafCorporation Title:SeniorArchitecturalHistorian POBox:1600MarketStreet Address:1600MarketStreet Suite520 City:Philadelphia State:PA Zip:19103 Phone:410Ͳ853Ͳ7128 Fax: Email:k.lauer@trileaf.com  NOTICEOFFRAUDULENTUSEOFSYSTEM,ABUSEOFPASSWORDANDRELATEDMISUSE UseoftheSection106systemisintendedtofacilitateconsultationunderSection106oftheNationalHistoric 284 2 PreservationActandmaycontaininformationthatisconfidential,privilegedorotherwiseprotectedfromdisclosure underapplicablelaws.AnypersonhavingaccesstoSection106informationshalluseitonlyforitsintendedpurpose. Appropriateactionwillbetakenwithrespecttoanymisuseofthesystem. 285 Appendix F Native American Correspondence 286 Date Requested Information Date Sent Date Comments Bad River Band of Lake Superior Tribe of Chippewa Indians 30 days no interest Notify of inadvertent discovery 10/10/2022 Sent Letter & Form 620/621 11/9/2022 Cleared per NOO No Catawba Indian Nation 10/10/2022 Sent Letter & Form 620/621 11/15/2022 No immediate concerns with regard to traditional cultural properties, sacred sites or Native American archeological sites within the boundaries of the proposed project areas. Requests inadvertent discovery notification. No Cherokee Nation 10/10/2022 Sent Letter & Form 620/621 10/19/2022 We have no interest in this site. Requests inadvertent discovery notification. No Chickahominy Indian Tribe 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Cultural Heritage Partners 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Delaware Nation 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Eastern Shawnee Tribe of Oklahoma 9/20/2022 No Adverse Effect - Requests scope change and inadvertent discovery notification. No Monacan Nation 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Nansemond Indian Tribe 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Pamunkey Indian Tribe 30 days no interest Notify of inadvertent discovery 10/10/2022 Sent Letter & Form 620/621 11/9/2022 Cleared per NOO No Prairie Island Indian Community 30 days no interest Notify of inadvertent discovery 10/10/2022 Sent Letter & Form 620/621 11/9/2022 Cleared per NOO No The Upper Mattaponi Indian Tribe 10/10/2022 Sent Letter & Form 620/621 12/2/2022 Cleared by Referral 11/17/2022 No Tuscarora Nation 30 days no interest Notify of inadvertent discovery 10/10/2022 Sent Letter & Form 620/621 11/9/2022 Cleared per NOO No Tribal Summary Table GFP Utilized?Tribe TCNS auto-reply Follow Up Request from Tribe Follow Up(s) to Tribe Final Reply Site:Parkins Mill TCNS Number:255623 Site ID:Parkins Mill September 12, 2022TCNS Initial Notification Date: FCC Referral Standing Agreements & Comments Page 1 of 1 287 From:towernotifyinfo@fcc.gov To:tribal Cc:tcnsweekly@fcc.gov Subject:NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8296788 Date:Friday, September 16, 2022 2:28:30 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The notification that you provided was forwarded to the following Tribal Nations and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. 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 Exclusions: The Delaware Nation of Oklahoma Historic Preservation Office has developed the following consultation procedures for all TCNS projects identified as undertakings by the Federal Communications Commission. In the email subject line, please specify whetherthe project is for a tower, small cell, or collocation. Our response can be given faster with this information. 2. TCNS Rep Bryan Printup - Tuscarora Nation - 5226 Walmore Rd Via: Lewiston, NY - bprintup@hetf.org - 288 716-264-6011 (ext: 103) - electronic mail If the applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification through TCNS, the Tuscarora Nation has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Tuscarora Nation in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 3. THPO Noah C White III - Prairie Island Indian Community - 5636 Sturgeon Lake Road Welch, MN - celltower@piic.org - 651-385-4175 - electronic mail If the applicant/tower builder receives no response from the Prairie Island Indian Community within 30 days after notification through TCNS, the Prairie Island Indian Community has no interest in participating in pre- construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Prairie Island Indian Community in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. THPO Edith Leoso - Bad River Band of Lake Superior Tribe of Chippewa Indians - (PO Box: 39) Odanah, WI - thpo@badriver-nsn.gov; 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. 5. Gwen Terrapin - Cherokee Nation - (PO Box: 948) Tahlequah, OK - historicpreservation@cherokee.org; gwen-terrapin@cherokee.org - 918-772-4165 - electronic mail Exclusions: 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 289 Wyandotte, OK - celltower@estoo.net - 918-238-5151 (ext: 1861) - regular mail Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened. Submit one printed color copy by US postal mail or other parcel carrier of all documentation to: Eastern Shawnee Tribe Attn: CellTower Program 70500 E. 128 Rd. Wyandotte, OK 74370 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 G Haire DMD - Catawba Indian Nation - 1536 Tom Steven Road Catawba Cultural Center Rock Hill, SC - Wenonah.Haire@catawba.com; Caitlin.Rogers@catawba.com - 803- 417-9057 - regular mail Exclusions: Please do not email documentation; it will be deleted without being opened. Mail one printed color copy of all documentation to address: Dr. Wenonah G. Haire Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, SC 29730 Please submit by US Postal mail or other parcel carrier complete information for all telecommunication projects: 1. Please provide 1 page cover letter with following information a. TCNS Number b. Company Name c. Project Name, City, County, State d. Project Type e. Project coordinates f. Contact information 2. We also request photographs of project area, previous land use history and copy of SHPO Letter. If you have any questions about our process or timeline of project notifications you can email Caitlin Rogers at Caitlinh@ccppcrafts.com 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 290 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 - 1811 East Grace St Suite A Richmond, VA - ellen@culturalheritagepartners.com; rapn8n@gmail.com - 434-327-6663 - electronic mail 10. Chief Kenneth W Branham - Monacan Indian Nation - 111 Highview Dr Madison Heights, VA - Consultation@MonacanNation.com; Consultation@MonacanNation.com - 434-363-4864 - 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 - (PO Box: 184) King William, VA - wfrankadams@verizon.net - 804-690-1694 - electronic mail 13. Chief Chief Anderson - Nansemond Indian Tribe - 1001 Pembroke Lane Suffolk, VA - chief@nansemond.org; assistantchief@nansemond.org - 757-619-0670 - electronic mail The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SHPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA. 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 291 16. Manager - Office of Review & Compliance Ethel R Eaton PhD - Department of Historic Resources - 2801 Kensington Avenue Richmond, VA - ethel.eaton@dhr.virginia.gov - 804-367-2323 - electronic mail 17. Deputy SHPO Susan M Pierce - West Virginia Division of Culture & History, Historic Preservation Office - 1900 Kanawha Boulevard East Charleston, WV - susan.pierce@wvculture.org - 304-558-0240 - electronic mail 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 proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre- construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by emailing tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 09/12/2022 Notification ID: 255623 Excluded from SHPO Review: No Tower Owner Individual or Entity Name: Arcola Towers Consultant Name: Crystal Macklin Street Address: 1515 Des Peres Rd. Ste 200 Suite 200 City: St. Louis State: MISSOURI Zip Code: 63131 Phone: 314-997-6111 Email: tribal@trileaf.com Structure Type: MTOWER - Monopole Latitude: 39 deg 6 min 33.7 sec N Longitude: 78 deg 9 min 23.3 sec W Location Description: 1930 Front Royal Pike City: Winchester 292 State: VIRGINIA County: FREDERICK Detailed Description of Project: Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. Ground Elevation: 196.7 meters Support Structure: 45.7 meters above ground level Overall Structure: 46.3 meters above ground level Overall Height AMSL: 243.0 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.fcc.gov%2fwireless%2favailable-support- services&c=E,1,II151H9Q52gR6yJyCckjWnGuUIEYEXmAv-xNbJ_3h4DLWaFk2- tphCi6ImSWXZgkUawe1YaITqRWt8RrD8fARxHS8gazS_LEAk2cD3T2nMwPRyZN7g,,&typo=1 You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission 293 October 10, 2022 Bad River Band of Lake Superior Tribe of Chippewa Indians Ms. Edith Leoso P.O. Box 39 Odanah, WI 54861 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Ms. Leoso: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 294 October 10, 2022 Catawba Indian Nation Dr. Wenonah G. Haire 1536 Tom Steven Road Rock Hill, SC 29730 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Dr. Haire: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 295 November 15, 2022 Attention: Crystal L. Macklin Trileaf 1515 Des Peres Road, Suite 200 Saint Louis, Missouri 63131 Re. THPO # TCNS # Project Description 2023-160-7 255623 1930 Front Royal Pike, Winchester, Frederick Co., VA Dear Ms. Macklin, The Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba are to be notified if Native American artifacts and / or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail Caitlin.Rogers@catawba.com. Sincerely, Wenonah G. Haire Tribal Historic Preservation Officer Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 Office 803-328-2427 296 October 10, 2022 Cherokee Nation Ms. Gwen Terrapin P.O. Box 948 Tahlequah, OK 74465 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Ms. Terrapin: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com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ctober 10, 2022 Chickahominy Indian Tribe Mr. Stephen Adkins 7240 Adkins Road Charles City, VA 23030 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Mr. Adkins: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 299 From:towernotifyinfo@fcc.gov To:tribal Cc:tcnsweekly@fcc.gov Subject:Proposed Construction of Communications Facilities Notification of Final Contacts - Email ID #32855 Date:Thursday, November 17, 2022 8:01:44 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Crown Castle Crystal Macklin 1515 Des Peres Rd. Ste 200 Suite 200 St. Louis, MO 63131 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 11/10/2022 and 11/17/2022. Our contact with these Tribal Nations or NHOs was sent on 11/17/2022. 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 11/17/2022, 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). 2) See id. at paras. 111-112. LIST OF PROPOSED COMMUNICATIONS TOWERS 300 TCNS# 255633 Referred Date: 11/10/2022 Location: 3100 South Manchester Street, Falls Church, VA Detailed Description of Project: Our client proposes to install new antennas at a overall height of 119 feet on a 105- foot building with an overall building height of 122 feet. No ground disturbance is proposed. This building is an existing telecommunications facility. Tribe Name: Catawba Indian Nation TCNS# 255642 Referred Date: 11/10/2022 Location: 6725 Central Blvd, Whitestown, IN Detailed Description of Project: Our client proposes to install a new 46.5 foot metal light pole with small cell antennas in a grassy right of way on Central Boulevard. Tribe Name: Absentee-Shawnee Tribe of Indians of Oklahoma Tribe Name: Chippewa Cree Tribe of the Rocky Boy's Reservation Tribe Name: Forest County Potawatomi Community Tribe Name: Ho-Chunk Nation Tribe Name: Iowa Tribe of Oklahoma Tribe Name: Kaw Nation Tribe Name: Omaha Tribe of Nebraska Tribe Name: Otoe-Missouria Tribe of Indians Tribe Name: Ottawa Tribe of Oklahoma Tribe Name: Peoria Tribe of Indians of Oklahoma Tribe Name: Ponca Tribe of Indians of Oklahoma Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribe Name: Shawnee Tribe Tribe Name: Wyandotte Nation TCNS# 255640 Referred Date: 11/10/2022 Location: 351 Northeast 8th Street, Premont, TX Detailed Description of Project: Our client proposes to construct a 310-foot guyed communications tower with an overall height of 330 feet, within a 75-foot by 75-foot lease area. Guyed wires will extend north, southeast, and west from the tower. Tribe Name: Comanche Nation TCNS# 256536 Referred Date: 11/17/2022 Location: 1225 River Road, Lewisburg, PA Detailed Description of Project: Our client proposes to install new antennas at centerline heights of 151 feet and 161 feet on a 176-foot smokestack with an overall height of 176 feet. No ground disturbance is proposed. This structure is an existing telecommunications facility. Tribe Name: Absentee-Shawnee Tribe of Indians of Oklahoma Tribe Name: Chippewa Cree Tribe of the Rocky Boy's Reservation Tribe Name: Delaware Nation Tribe Name: Delaware Tribe of Indians Tribe Name: Omaha Tribe of Nebraska Tribe Name: Onondaga Indian Nation Tribe Name: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin Tribe Name: Shawnee Tribe Tribe Name: Wyandotte Nation TCNS# 255623 Referred Date: 11/17/2022 Location: 1930 Front Royal Pike, Winchester, VA Detailed Description of Project: Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. Tribe Name: The Upper Mattaponi Indian Tribe Tribe Name: Chickahominy Indian Tribe Tribe Name: Cultural Heritage Partners Tribe Name: Delaware Nation Tribe Name: Monacan Indian Nation Tribe Name: Nansemond Indian Tribe 301 October 10, 2022 Cultural Heritage Partners Ms. Ellen Chapman 1811 East Grace St Suite A Richmond, VA RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Ms. Chapman: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 302 October 10, 2022 Delaware Nation Ms. Billie Anderson 31064 State Hwy 281 Anadarko, OK 73005 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Ms. Anderson: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 303 1 Mark Gullet Jr From:towernotifyinfo@fcc.gov Sent:Tuesday, September 20, 2022 1:00 PM To:tribal Cc:tcns.fccarchive@fcc.gov Subject:Reply to Proposed Tower Structure (Notification ID: 255623) - Email ID #8304685 Categories:Mark CAUTION:Thisemailoriginatedfromoutsideoftheorganization.Donotclicklinksoropenattachmentsunlessyou recognizethesenderandknowthecontentissafe.   DearCrystalMacklin,  ThankyouforusingtheFederalCommunicationsCommission's(FCC)TowerConstructionNotificationSystem(TCNS). ThepurposeofthisemailistoinformyouthatanauthorizeduseroftheTCNShasrepliedtoaproposedtower constructionnotificationthatyouhadsubmittedthroughtheTCNS.  ThefollowingmessagehasbeensenttoyoufromCellTowerCoordinatorKellyNelsonoftheEasternShawneeTribeof OklahomainreferencetoNotificationID#255623:    TheCulturalPreservationDepartmentoftheEasternShawneeTribeofOklahoma(ESTO)hasreceivedthe documentationforthereferencedTCNSproject.ESTOhasreviewedtheprojectinaccordancewithSection106ofthe NationalHistoricPreservationAct(NHPA).Basedontheinformationprovidedandareviewofourrecords,wefindthat thisprojectwillhaveNoAdverseEffectonpropertiesofsacredand/orculturalsignificancetotheTribe.Theprojectsite iswithintheknownregionalareaoftheShawneeprehistoricallyandhistorically,beawareofinadvertentdiscoveries. However,ESTOhasnoobjectiontotheprojectproceedingasdescribed.Pleasenotethatanyfuturechangestothis projectwillrequireadditionalconsultation.  InaccordancewiththeNHPAof1966(16U.S.C.§470Ͳ470wͲ6),federallyfunded,licensed,orpermittedundertakings thataresubjecttotheSection106reviewprocessmustdetermineeffectstosignificanthistoricproperties.Asclarified inSection101(d)(6)(AͲB),historicpropertiesmayhavereligiousand/orculturalsignificancetoIndianTribes.Section106 ofNHPArequiresFederalagenciestoconsidertheeffectsoftheiractionsonallsignificanthistoricproperties(36CFR Part800)asdoestheNationalEnvironmentalPolicyActof1969(43U.S.C.§4321Ͳ4347and40CFR§1501.7(a).  However,ifduringconstructionculturalobjectsorhumanremainsareinadvertentlydiscovered,pleasestopwork immediatelyandcontacttheCulturalPreservationDepartmentoftheEasternShawneeTribeofOklahoma.(918)238Ͳ 5151x1861  Niyaawe,  KellyNelson CellTowerCoordinator EasternShawneeTribeofOklahoma   304 2  Foryourconvenience,theinformationyousubmittedforthisnotificationisdetailedbelow.    NotificationReceived:09/12/2022 NotificationID:255623 TowerOwnerIndividualorEntityName:ArcolaTowers ConsultantName:CrystalMacklin StreetAddress:1515DesPeresRd.Ste200 Suite200 City:St.Louis State:MISSOURI ZipCode:63131 Phone:314Ͳ997Ͳ6111 Email:tribal@trileaf.com  StructureType:MTOWERͲMonopole Latitude:39deg6min33.7secN Longitude:78deg9min23.3secW LocationDescription:1930FrontRoyalPike City:Winchester State:VIRGINIA County:FREDERICK  DetailedDescriptionofProject:Ourclientproposestoconstructa150Ͳfootmonopolecommunicationstowerwithan overallheightof152feet,includingattachments.Associatedequipmentwillbelocatedwithina45Ͳfootby55Ͳfoot (2,475squarefeet)fencedcompound. GroundElevation:196.7meters SupportStructure:45.7metersabovegroundlevel OverallStructure:46.3metersabovegroundlevel OverallHeightAMSL:243.0metersabovemeansealevel 305 October 10, 2022 Monacan Nation Chief Kenneth Branham P.O. Box 1136 Madison Heights, VA 24572 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Chief Branham: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 306 October 10, 2022 Nansemond Indian Tribe Chief Keith Anderson 5005 Mosey Way Virginia Beach, VA 23455 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Chief Anderson: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 307 October 10, 2022 Pamunkey Indian Tribe Ms. Debra Hansen 1054 Pocahontas Trail King William, VA RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Ms. Hansen: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 308 October 10, 2022 Prairie Island Indian Community Mr. Noah White III 5636 Sturgeon Lake Road Welch, MN 55089 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Mr. White III: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 309 October 10, 2022 The Upper Mattaponi Indian Tribe Mr. W. Frank Adams P.O. Box 184 King William, VA 23086 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Mr. Adams: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 310 October 10, 2022 Tuscarora Nation Mr. Bryan Printup 2006 Mount Hope Road Lewiston, NY 14092 RE: Arcola Towers Trileaf Project # 708222 / ClientID: Error in conversion / Parkins Mill 1930 Front Royal Pike, Winchester, Frederick County, VA 22602 Latitude: 39° 6’ 33.74” N, Longitude: 78° 9’ 23.29” W TCNS # 255623 Dear Mr. Printup: This project was originally submitted in TCNS on 9/16/2022. Trileaf Corporation is in the process of completing a NEPA Review at the above referenced property. Our investigation includes determining if the site is contained in, on, or within the viewshed of a building, site, district, structure or object, significant in American history, architecture, archeology, engineering or culture, that is listed or eligible for listing on the State or National Registers of Historic Places, or located in or on, or within the viewshed of an Indian Religious Site. Trileaf has learned your tribe has an interest in property located within this County. Our client proposes to construct a 150-foot monopole communications tower with an overall height of 152 feet, including attachments. Associated equipment will be located within a 45-foot by 55-foot (2,475 square feet) fenced compound. The project includes a 10-foot wide access and utility easement extending east away from the lease area approximately 250 feet toward Front Royal Pike. The proposed location is currently cleared land. The form 620/621 submission packet is attached for your review. Please let us know if you have any objections or comments on this project as soon as possible. Contact me at (314) 997-6111 or email tribal@trileaf.com if you have any questions. Thank you for your assistance in this regard. Sincerely, Crystal L. Macklin Tribal Consultation Manager 1515 Des Peres Road, Suite 200, Saint Louis, Missouri 63131 - 314.997.6111 www.trileaf.com 311 Appendix G Resumes 312 KAYLA LAUER ASSISTANT PROJECT MANAGER Education Biological Sciences, B. S. Washington College /Chestertown, MD Areas of Expertise Ms. Lauer has experience performing National Environmental Policy Act (NEPA) reviews for wireless telecommunications projects. Ms. Lauer also has experience performing site inspections and conducting due diligence pursuant to EPA All Appropriate Inquiries (AAI) and the American Society of Testing and Materials (ASTM) for commercial real estate and lending projects. Environmental service expertise includes: Phase I Environmental Site Assessments Historical City Directories Indoor Air Quality Assessments Information Section 7 Consultation Asbestos Inspections National Wetland Inventory Maps Flood Insurance Rate Maps Critical Habitat Maps Environmental Evaluation Summaries Archaeological and Architectural Impacts Soil Characterization First Aid/CPR/AED Certified Field Reconnaissance Section 106 Compliance NEPA Environmental Assessments Migratory Bird Evaluations Form 620/621 Submittals Historical Topographic Maps and Aerial Imagery Lead-Based Paint Surveys Local Government Consultation Native American Consultation Land Use History Preliminary Risk Assessments Additionally, Ms. Lauer has experience with Field sparrow nest searching, as well as monitoring and banding birds on the Eastern Shore of Maryland. Professional Resume 313 BROOKS THACKER GROUP MANAGER Education B.S. in Chemistry Villanova University / Villanova, PA MSc in Environmental and Petroleum Geochemistry Newcastle University / Newcastle-upon-Tyne, United Kingdom Areas of Expertise Mr. Thacker has experience with the investigation and management of environmental due diligence pursuant to EPA All Appropriate Inquiries (AAI) and the American Society of Testing and Materials (ASTM), as well as National Environmental Policy Act (NEPA) and environmental permitting projects. Mr. Thacker operates as the primary point-of-contact for clients over a large geography, specializing within the Mid-Atlantic and New England Regions of the United States. Environmental service expertise includes: Environmental Site Assessments Soil and Groundwater Management Plans Environmental Evaluation Summaries Indoor Air Quality Assessments Asbestos Inspections DAS In-Building Limited Site Inspections Mold and Lead-Based Paint Surveys Vendor Management Small Cell Solutions NEPA Environmental Assessments Critical Habitat and Species Review Migratory Bird Evaluations Nationwide Programmatic Agreement Review Soil Characterization FCC Regulatory Compliance Certifications/Affiliations OSHA 40-Hour HAZWOPER ANSI/FCC RF Radiation Safety Competent Person Environmental Professional (EP) as defined by ASTM Standard E1527-13 (AAI) Professional Resume 314 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Action Items Title: Waiver #01-25 for MREC Shenandoah VA, LLC - (Mrs. Peloquin) Attachments: PC05-21-25Waiver01-25_Redacted.pdf 315 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Kayla Peloquin, Planner II RE: Waiver #01-25 for Lake Frederick DATE: May 9, 2025 Waiver Request: MREC Shenandoah VA, LLC (MREC) is requesting a waiver of the inter-parcel connection required in §165-202.04 of the Zoning Ordinance. MREC has submitted a revised Master Development Plan (MDP Revision 6) to change the housing types for the remaining sections (Property Identification Numbers 87-A-102 & 87-A-103F). No changes to the overall number of units were proposed. The property is zoned R5 (Residential Recreational Community District) and is in the Opequon Magisterial District. Staff has informed the MDP applicants that MDP Revision 6 will not be approved without an inter- parcel connection to the west or an approved waiver of this requirement from the Board of Supervisors. Zoning Ordinance Requirement: §165-202.04 Streets: Inter-parcel Connectors All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the master development plan (MDP) reviewed by the Board of Supervisors. This requirement for inter-parcel connector streets may be waived by the Board of Supervisors if the Board finds i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter-parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. Background: The current MDP (Revision 5) was administratively approved in 2021. There were 4 areas designated as “potential future access location (future access locations to be constructed as stub-outs or as access easements depending on the connectivity requirements of the network accepted into the state secondary 316 Page 2 of 4 system. Ultimate quantity and locations of access points may vary pursuant to final engineering design). None of the potential future access locations shown have been constructed as stub-outs or recorded as easements for future access. The property boundary between Lake Frederick and the Madison Property is highlighted in yellow in the image below from the draft MDP where a connection is warranted. The Eastern Frederick County Road Plan, a part of the Comprehensive Plan, shows the general location of a new minor arterial (South Frederick Parkway) south of and roughly parallel with Fairfax Pike (Route 277). The location of this future roadway in the Comprehensive Plan is general in nature and should not be interpreted as the exact location of where such a facility would be constructed in the future. Furthermore, the South Frederick Parkway serves a distinct, separate purpose from the inter- parcel connection requirement. In Staff’s opinion, the proximity of a potential future roadway does not invalidate the need for the inter-parcel connection. 317 Page 3 of 4 Long Range Land Use Planned Unit Development Neighborhood Village Mixed Use Commercial/Office Industrial Mixed Use Industrial/Office §165-202.04 clearly states that inter-parcel connectors are required for adjoining properties even if the streets are private. Nothing in the ordinance requirement would prevent controlled access to the Lake Frederick private street system. A Comprehensive Plan Amendment (CPPA #01-23) for the Madison property (87-A-15) was approved by the Board of Supervisors on January 10, 2024. This amendment established an Urban Development Area (UDA) around Lake Frederick and the Madison property. The amendment also revised the long- range land use of portions of the property from mixed-use industrial/office and industrial to neighborhood village. The majority of the property is now designated as neighborhood village and the portion closest to Fairfax Pike (Route 277) is designated as mixed-use commercial/office, which forms a logical extension of the existing planned unit development (Lake Frederick). The text of the Southern Frederick Area Plan modified the Lake Frederick Neighborhood Village to the Lake Frederick Urban Development Area. The plan states “In addition to the proposed north-south trails connecting the Route 277 Triangle to the existing Lake Frederick Community, vehicular connections should be considered to provide inter-parcel connectivity between the Lake Frederick Community and other parcels located 318 Page 4 of 4 south of the Route 277 corridor. These connections will allow existing residents pedestrian and vehicular access to commercial areas without the need to travel on arterial roads” (pg. 29 of Appendix 1 – Area Plans). Summary & Requested Action: The applicant’s letter references §165-202.04 sections i) that a connector street to an adjoining parcel is not likely to be needed; and iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate. The Madison property is actively pursuing a rezoning application that is likely to be filed and considered this calendar year. The Comprehensive Plan specifically calls for interconnectivity and a mix of uses in this area that will benefit the many current and future residents of Lake Frederick. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this waiver request. Attachments: 1. Waiver Application & Letter 2. Draft MDP Revision 6 319 320 321 322 323 STEPHEN L. PETTLER, JR. MEMBER 21 S. Loudoun Street Winchester, VA 22601 (540) 667-1266 (540) 667-1312 fax pettler@harrison-johnston.com www.harrison-johnston.com January 23, 2025 Wyatt Pearson, Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 Re: Application of MREC Shenandoah VA, LLC for Waiver of Inter-parcel Connector on MDP Sixth Revision per Frederick County Ordinance §165-202.04 Wyatt: In furtherance of the above refenced application, please accept this statement in supplement to the application and fee delivered to your office on January 22, 2025. MREC Shenandoah VA, LLC (MREC) is the developer of Lake Frederick. MREC recently submitted its proposed Sixth Revision to its Master Development Plan (MDP) to Frederick County Planning staff for review and comment. A copy of the Sixth Revision is included with the Application materials. The Sixth Revision merely seeks to re-apportion existing approved unit densities on the MREC property. No substantive changes to the MDP were included in the Sixth Revision and none were intended. The Sixth Revision was submitted for routine administrative approval by staff. I understand that, given the recent approval by the Board of Supervisors of the adjoining Madison Property for residential development, staff is now requiring that an inter-parcel connection with the Madison Property be noted on the Sixth Revision in the northern portion of the MREC property near the adjoining Frederick Water pump station parcel located on Fairfax Pike (Route 277). This inter-parcel connection would be in addition to the five (5) inter-parcel connection points already designated on Sheet 5 of 6 of the Sixth Revision, which have been included in all approved versions of the MREC MDP throughout the life of this project. This was the first time a proposed connection with the Madison Property was ever requested. Frederick County Ordinance, §165.202.04 (“Streets; Inter-parcel connectors.”) requires residential subdivisions with more than 10 lots to have streets connecting to adjoining parcels. If the adjoining parcel is developed, the connection should match the planned roads on the developed adjoining property. If the adjoining parcel is undeveloped (as is the Madison Property at this time) “the location of the connecting street shall be as shown on the master development plan (MDP) reviewed by the Board of Supervisors.” §165.202.04 also provides that the MDP can be submitted to the Board of Supervisors for approval and a waiver of the inter-parcel connection requirement granted by the Board in certain circumstances demonstrating: 324 Letter to Mr. Pearson January 23, 2025 Page 2 i)that a connector street to an adjoining parcel is not likely to be needed; ii)that the connector street would be required to be placed in a location which is impractical for location of a street; iii)that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv)other good cause shown by the applicant not contrary to good planning policy. MREC seeks a waiver of the requested inter-parcel connection between its property and the Madison Property pursuant to Frederick County Ordinance, §165.202.04 for the following reasons. The inter-parcel connection location proposed by staff would require a connection with the Madison Property in the same area where there is currently a planned “New Minor Arterial” road. This New Minor Arterial is identified in the Eastern Frederick County Road Plan included in the 2035 Frederick County Comprehensive Plan. This planned road would run from Stephens City south of existing Route 277 and connects with existing Route 277 somewhere in the area of the Frederick Water parcel and the future intersection of Route 277 and Spicebush Drive. Spicebush Drive is an approved road to be constructed in the northern portion of the MREC Property to serve Lake Frederick. Spicebush Drive will not connect to the Lake Frederick road system and allow travelers to cross through Lake Frederick to access Route 522 because of the lake. Spicebush Drive leads to a number of roads ending in cul de sacs along the lake in the currently approved MDP for Lake Frederick. See Sheet 4 of 6 of the Sixth Revision. It seems exceedingly improbable that an inter-parcel connector road will be constructed in such close proximity to the planned New Minor Arterial in the area (discussed further below). There is no need to have an inter-parcel connection designated between the Madison Property and the MREC Property when the County plans to build a new road across the Madison Property in the same area, and the inter-parcel connector road would not facilitate travel east to Route 522 but would, instead, route travelers back onto Route 277. Additionally, Lake Frederick is a private, gated community. Public travel across the community owned and maintained road system in Lake Frederick is restricted to residents and guests of residents. This being the case, only residents and guests of Lake Frederick would ever use the requested inter-parcel connector. This restriction would necessarily limit the use of any connector road in the location requested by staff and makes the building of an inter-parcel connector road by the Madison Property developers highly unlikely. Why would the developer agree to build a road across its development that would invite residents of Lake Frederick to use the Madison Property road network (at no cost to the Lake Frederick residents) without a corresponding right given to the residents of the Madison Property to use the Lake Frederick road network? Further, the area in Lake Frederick where the inter-parcel connection is requested is in close proximity to the Spicebush Drive / Route 277 intersection. That area of Lake Frederick will have speed restricted, winding streets constructed to serve the currently approved single-family attached homes located there. Residents of the northern section of Lake Frederick who want to travel west will travel along Spicebush Drive to Route 277 (or the future planned New Minor Arterial road) instead of traveling through the proposed neighborhood to be developed on the Madison Property. 325 Letter to Mr. Pearson January 23, 2025 Page 3 For these reasons, the requirement for an inter-parcel connection as requested by staff should be waived. The connector street in the location requested by staff is not likely to be needed (§165.202.04.i) and the adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate (§165.202.04.iii). Accordingly, MREC respectfully requests that its application for a waiver of inter-parcel connection requirement in the northern portion of its property be waived and the Sixth Revision to the MDP approved without requiring the same. I would be happy to discuss this application further with staff, members of the Planning Commission and Board of Supervisors. Please feel free to contact me with regard to any questions or concerns about the application going forward. Respectfully submitted, Stephen L. Pettler, Jr. SLP/sp 326 327 Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.LAKE FREDERICK MASTER DEVELOPMENT PLAN REVISION 6 (FORMERLY SHENANDOAH) MPD #01-24 328 Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.PRIVATE STREETS 30 MPH30' 30 MPHTYPE 2 30' DESIGNP PRIVATE STREET TYPE SPEEDPAVEMENT TYPE 3 TYPE 4 25 MPH24' 20 MPH22' PAVEMENT SECTION ROAD SECTIONS SHALL BE DESIGNED IN ACCORDANCE WITH VIRGINIA DEPARTMENT OF TRANSPORTATION PAVEMENT DESIGN GUIDE FOR SUBDIVISION AND SECONDARY ROADS IN VIRGINIA. 7' 7' PLANTING STRIP 7' 5' A EASEMENT 61' 56' 50' 44' TYPE 1 RACHEL CARSON DRIVE & SPICEBUSH DRIVE BETWEEN RT. 277 & RACHEL CARSON DR. (NO DIRECT ACCESS FROM LOTS) 329 Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.330 PHASE 6-A4PHASE 6-B1PHASE 6-A4PHASE 6-B2PHASE 6 - B 2 PHASE 6- B 1PHASE 6-B1PHASE 6-B2PHASE 6-B1PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 7-A 2 PHASE 6-B 2PHASE 6-B1PHASE 7-A3 PHASE 7-A3 PHASE 6-B3 PHASE 7-A3PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 6-A4PHASE 6-B2PHASE 6-B2PHASE 7-B1PHASE 6-A4PHASE 6-A1PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A3PHASE 6-A2PHASE 6-A3PHASE 6-A1PHASE 6-A2PHASE 6-A2PHASE 6-A2PHASE 6-A4PHASE 6-A4PHASE 6-A2PHASE 6-A4RUDBECKIA COURT (TYP. SEC. 4)RUDBECKIA COURT (TYP. SEC. 4)Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.331 PHASE 6-A4PHASE 6-B1PHASE 6-A4PHASE 6-B2PHASE 6 - B 2 PHASE 6- B 1PHASE 6-B1PHASE 6-B2PHASE 6-B1PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 7-A 2 PHASE 6-B 2PHASE 6-B1PHASE 7-A3 PHASE 7-A3 PHASE 6-B3 PHASE 7-A3PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 7-B1PHASE 6-B3PHASE 6-B2PHASE 6-B3PHASE 6-A4PHASE 6-B2PHASE 6-B2PHASE 7-B1PHASE 6-A4PHASE 6-A1PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A3PHASE 6-A2PHASE 6-A3PHASE 6-A1PHASE 6-A2PHASE 6-A2PHASE 6-A2PHASE 6-A4PHASE 6-A4PHASE 6-A2PHASE 6-A4RUDBECKIA COURT (TYP. SEC. 4)RUDBECKIA COURT (TYP. SEC. 4)Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.332 PHASE 6-A4 PHASE 6-B1 PHASE 6-A4 PHASE 6-B2 PHASE 6-B2PHASE 6-B1 PHASE 6 -B1 PHASE 6-B 2 PHASE 6-B1PHASE 6-B 3 PHASE 6-B2 PHASE 6-B3 PHASE 6-B2PHASE 6-B3 PHAS E 7-A2PHAS E 6-B2 PHASE 6-B 1 PHASE 7- A 3 PHA SE 7 -A 3 PHA SE 6 -B 3 PHASE 7-A3PHASE 6- B 3PHASE 7-B1PHASE 6 -B3PHASE 7-B1PHASE 6-B3PHASE 7-B 1 PHASE 6-B3 PHASE 6 - B 2 PHASE 6-B3 PHASE 6-A4 PHASE 6-B2 PHASE 6-B2PHASE 7-B1 PHASE 6-A4PHASE 6-A1 PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A3PHASE 6-A2PHASE 6-A3 PHASE 6-A1PHASE 6-A2PHASE 6-A2 PHASE 6-A2 PHASE 6-A4 PHASE 6-A4 PHASE 6-A2PHASE 6-A4PHASE 6-A4 PHASE 6-B1 PHASE 6-A4 PHASE 6-B2 PHASE 6-B2PHASE 6-B1 PHASE 6-B 1 PHASE 6-B2 PHASE 6-B 1 PHASE 6- B3 PHASE 6-B2 PHASE 6-B3 PHASE 6-B2PHASE 6-B3 PHAS E 7-A2PHAS E 6-B2 PHASE 6-B 1 PHASE 7- A 3 PHA SE 7 -A 3 PHA SE 6 -B 3 PHASE 7-A3PHASE 6- B 3 PHASE 7-B1PHASE 6-B3PHASE 7-B1PHASE 6-B3 PHASE 7- B1 PHASE 6- B3 PHASE 6 - B 2 PHASE 6-B3 PHASE 6-A4 PHASE 6-B2 PHASE 6-B2PHASE 7-B1 PHASE 6-A4PHASE 6-A1 PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A4PHASE 6-A3PHASE 6-A3PHASE 6-A2PHASE 6-A3 PHASE 6-A1PHASE 6-A2PHASE 6-A2 PHASE 6-A2 PHASE 6-A4 PHASE 6-A4 PHASE 6-A2PHASE 6-A4Bowman Consulting Group, Ltd.101 South Street, S. E.Leesburg, Virginia 20175www.bowmanconsulting.comPhone: (703) 443-2400Fax: (703) 443-2425c Bowman Consulting Group, Ltd.333 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Action Items Title: Waiver #02-25 for Storage Solutions CB, LLC - (Mrs. Peloquin) Attachments: PC05-21-25Waiver02-25_Redacted.pdf 334 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Kayla Peloquin, Planner II RE: Waiver #02-25 for Storage Solutions CB LLC DATE: May 13, 2025 Waiver Request: Painter-Lewis PLC, on behalf of Storage Solutions CB LLC, is requesting a waiver of the Subdivision Ordinance §144-24(C) requiring all new lots to have direct access to a public street. Painter-Lewis submitted a Master Development Plan (MDP) to subdivide a +/- 27.12-acre property (Property Identification Number 33-2-A). One lot would be created for the existing commercial/warehouse building, one lot for the rail transload land bay, and one lot for rail car storage and stormwater management. The property is zoned M1 (Light Industrial) and is in the Stonewall Magisterial District. Subdivision Ordinance Requirement: §144-24(C) Lot Access “All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation.” §144-5 Interpretations and Appeals “Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.” Background: The draft MDP includes a main truck and car entrance along Martinsburg Pike (Route 11) parallel to the Winchester and Western Railroad line. This is intended to be a right-in entrance only. The private road would be along the eastern portion of the property from Brucetown Road and would be a full movement entrance. VDOT has reviewed the draft MDP and stated that the new entrance must be brought up to current VDOT standards. The draft MDP cannot be approved without a waiver of the public street requirement as a new lot would be created that does not have direct access to a public street or right-of-way maintained by VDOT. Summary & Requested Action: Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this waiver request. Attachments: 1. Waiver Application 2. Draft MDP 335 CLEARB ROOK PARKSubdivision AIKENSSubdivision CLEARBROOKBUSINESS CENTERSubdivision £¤11 33 2 A 508QUARRY LN 3416MARTINSBURGPIKE 143POOLSIDE DR 143POOLSIDE DR1142BRUCETOWN RD 1152BRUCETOWN RD 1164BRUCETOWN RD 1176BRUCETOWN RD 3441MARTINSBURGPIKE 1194BRUCETOWN RD 1226BRUCETOWN RD1238BRUCETOWN RD 1256BRUCETOWN RD 3453MARTINSBURGPIKE 1223BRUCETOWN RD 1229BRUCETOWN RD 104AIKEN LN 1245BRUCETOWN RD 1285BRUCETOWN RD 109AIKEN LN 1435BRUCETOWN RD 1435BRUCETOWN RD 1435BRUCETOWN RD 117AIKEN LN 110AIKEN LN 1260PINE ST 114AIKEN LN 3522MARTINSBURGPIKE 3538MARTINSBURGPIKE 3588MARTINSBURGPIKE 3599MARTINSBURGPIKE 1383BRUCETOWN RD 115JEFFS WAY 3656MARTINSBURGPIKE 126JEFFS WAY WES LUKE DRAIKEN LNJEFFS WAY CLEARBROOK DR POOLSIDE DRB R U C E T O W N R DMARTINSBURGPIKE Application Sewer and Water Service A rea Parcels B2 (General Business District) B3 (Industr ial Transition District) EM (Ex tractive Manufacturing District) M1 (Light Industrial District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025 £¤11 §¨¦81 §¨¦81 MARTINSBURG PIKEWESLUKE DRHOPEWELL RD POOLSIDE DRJEFFSWAY B R U C E T O W N R D CLEARBROOK DRHOPEWELL LNQUARRY LNJEREMIAH LNWAVERLY RDWOODSIDE RD Clear Brook 0 350 700175 Feet WAV # 02 - 25: Storage Solutions CB, LLCPIN: 33 - 2 - AWaiver of Section 144-24C Public Street RequirementZoning Map WAV #02-25 336 CLEARB ROOK PARKSubdivision AIKENSSubdivision CLEARBROOKBUSINESS CENTERSubdivision £¤11 33 2 A 508QUARRY LN 3416MARTINSBURGPIKE 143POOLSIDE DR 143POOLSIDE DR1142BRUCETOWN RD 1152BRUCETOWN RD 1164BRUCETOWN RD 1176BRUCETOWN RD 3441MARTINSBURGPIKE 1194BRUCETOWN RD 1226BRUCETOWN RD1238BRUCETOWN RD 1256BRUCETOWN RD 3453MARTINSBURGPIKE 1223BRUCETOWN RD 1229BRUCETOWN RD 104AIKEN LN 1245BRUCETOWN RD 1285BRUCETOWN RD 109AIKEN LN 1435BRUCETOWN RD 1435BRUCETOWN RD 1435BRUCETOWN RD 117AIKEN LN 110AIKEN LN 1260PINE ST 114AIKEN LN 3522MARTINSBURGPIKE 3538MARTINSBURGPIKE 3588MARTINSBURGPIKE 3599MARTINSBURGPIKE 1383BRUCETOWN RD 115JEFFS WAY 3656MARTINSBURGPIKE 126JEFFS WAY WES LUKE DRAIKEN LNJEFFS WAY CLEARBROOK DR POOLSIDE DRB R U C E T O W N R DMARTINSBURGPIKE Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 25, 2025 £¤11 §¨¦81 §¨¦81 MARTINSBURG PIKEWESLUKE DRHOPEWELL RD POOLSIDE DRJEFFSWAY B R U C E T O W N R D CLEARBROOK DRHOPEWELL LNQUARRY LNJEREMIAH LNWAVERLY RDWOODSIDE RD Clear Brook 0 350 700175 Feet WAV # 02 - 25: Storage Solutions CB, LLCPIN: 33 - 2 - AWaiver of Section 144-24C Public Street RequirementLocation Map WAV #02-25 337 338 339 340 DEVELOPMENT NOTES:MDP #01-25UTILITIES1.WATER AND SANITARY SEWER AVAILABLE PER FREDERICK WATER.2.THERE ARE NO PRE-TREATMENT OR POST-TREATMENT WASTEWATER SYSTEMSEXISTING OR PLANNED.3.THERE ARE NO PRIVATE WASTEWATER TREATMENT FACILITIES PLANNED.4.UTILITY SERVICE LINES FOR WET UTILITIES ARE TO BE CONSTRUCTEDUNDERGROUND FROM THE UTILITY DISTRIBUTION LINES. ELECTRIC UTILITYSERVICE WILL BE FROM THE EXISTING OVERHEAD LINES ON THE SITE.TRANSPORTATION1.ALL ON-SITE ROADS WILL BE PRIVATE ROADS AND WILL BE DESIGNED USINGAPPROPRIATE DESIGN STANDARDS.2.WHERE PRACTICAL INTER-PARCEL CONNECTIONS WILL BE UTILIZED WITHINEASEMENTS.3.A TRAFFIC IMPACT ANALYSIS IS NOT BEING PROVIDED.4.THE LOCATION OF THE PRIVATE INTERNAL ROADWAYS WILL BE DETERMINED ATTHE SITE PLAN STAGE.5.PERMANENT CONNECTIONS TO THE STATE HIGHWAY SYSTEM WILL OCCUR ATTWO PROPOSED COMMERCIAL ENTRANCES; ONE ON MARTINSBURG PIKE AND ASECOND ON BRUCETOWN ROAD.STORM WATER1.STORM WATER MANAGEMENT SHALL COMPLY WITH THE GUIDELINES INCLUDEDIN CHAPTER 143 OF THE FREDERICK COUNTY ORDINANCE.2.TO THE EXTENT POSSIBLE, STORM WATER MANAGEMENT BASINS USED TOMANAGE THE QUANTITY OF POST-DEVELOPMENT STORM WATER DISCHARGEDFROM THE SITE WILL BE DESIGNED TO SERVE MORE THAN ONE PARCEL.3.TO THE EXTENT POSSIBLE, IF STORM WATER MANAGEMENT FACILITIES AREUSED TO MANAGE THE QUALITY OF STORM WATER BEING DISCHARGED FROMTHE SITE, THEY WILL BE DESIGNED TO SERVE ONE OR MORE PARCELS.DEVELOPMENT1.THE PROJECT WILL BE DEVELOPED IN TWO PHASES:PHASE 1 - DEVELOPMENT OF THE RAILROAD TRANSLOAD AND RAILCARSTORAGE FACILITY AND STORMWATER MANAGEMENT BASINS.PHASE 2 - DEVELOPMENT OF THE STORAGE SOLUTIONS CB SITE.2.THERE HAVE BEEN NO PRIOR MASTER DEVELOPMENT PLANS FOR THISPROPERTY.3.THERE HAVE BEEN NO RECENT LAND DIVISIONS IN RELATION TO THESE TRACTS.4.THE VIRGINIA DEPT OF HISTORIC RESOURCES CULTURAL RESOURCEINFORMATION SYSTEM DOES NOT SHOW ANY HISTORICAL SITES ORSTRUCTURES ON THE SITE..DRY UTILITIES1.ELECTRIC SERVICE TO BE PROVIDED BY SHENANDOAH VALLEY ELECTRIC COOP.ELECTRIC SERVICE WILL EXTEND FROM THE EXISTING OVERHEAD DISTRIBUTIONLINES.2.NATURAL GAS IS NOT AVAILABLE AT THE SITE PER WASHINGTON GAS.PREVIOUSLY APPROVED PLANS1.SITE PLAN #77-05 & SITE PLAN #14-83.DIRECTOR OF PLANNING AND DEVELOPMENT COUNTY ADMINISTRATOR APPROVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENTDATEDATEAPPROVED BY THE COUNTY ADMINISTRATOROWNERStorage Solutions CB, LLC1520 Commerce StreetWinchester, VA 22601540.409.5720CONTRACT OWNER (back portion)OmniTRAX, Inc.252 Clayton StreetDenver, CO 80206303.728.4130ADJACENT OWNER AND LAND USE INDEXMAP OF PROJECT LOCATION, ADJACENT OWNERS, AND STREETS WITHIN 2000'WAIVER REQUESTTHE APPLICANT IS REQUESTING A WAIVER OF SECTION 144-24C OF THE COUNTY CODE TO ALLOW FOR THESUBDIVISION OF LOTS WITH ACCESS PROVIDED BY PRIVATE STREETS EXTENDING FROM BRUCETOWN ROADEXAMPLE PRIVATE ROAD SECTIONDETAILED ROADWAY SECTIONS WILL BE DEVELOPED WITH THE SITE PLAN AND MAY VARY DEPENDING ONTHE INDUSTRY NEEDS AND TRAFFIC.PAINTER-LEWIS, P.L.C. ENGINEERSCONSULTING 341 BUSINESS AND WAREHOUSING LAND BAY LOT AREA: 6.237 Ac. RAIL T RA NSL OA D LA N D BAYLOT A REA: 7.838 Ac.(Original Lot: 2.409 Ac.+ Residual Lot: 5.429 Ac.) RAIL CA R ST O RA GE &STORM WATE R MA NA GE ME NT LAND BAYLOT A REA: 15.454 Ac. MAI N T R U C K & C A R ENT R A N C E F R O M R O UT E 11 SWM SOUTH SEE SHEET 3 FOR STORMWATER DISCHARGE PLAN SEE SHEET 3 FOR STORMWATER DISCHARGE PLAN PARK DRAINAGE CATEGORY 'C' ZONING BUFFER FULL SCREEN N.T.S.PAINTER-LEWIS, P.L.C.ENGINEERSCONSULTING342 BUSINESS AND WAREHOUSING LAND BAY LOT AREA: 6.237 Ac. MAI N T R U C K & C A R ENT R A N C E F R O M R O UT E 11 PARK DRAINAGE IMPROVEMENTS CONVEY STORMWATER TO POND. Preliminary approval by Park and Recreation Commission on 05/07/2024. DRAI N A G E T O B E R O U T E D AL O N G R AIL R O A D T O T U R K E Y R U N TUR K E Y R U N SOUTH DRAINAGE DISCHARGE NORTH DRAINAGE DISCHARGE PAINTER-LEWIS, P.L.C.ENGINEERSCONSULTING343 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Action Items Title: Waiver #03-25 for Glaize Development, Inc. - (Mrs. Feltner) Attachments: PC05-21-25Waiver03-25_Redacted.pdf 344 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Amy Feltner, Planner RE: Waiver #03-25 for Raven Pointe Section 9 DATE: May 12, 2025 Waiver Request: Glaize Development Inc. is requesting a waiver of the inter-parcel connection required in section §165- 202.04 of the Zoning Ordinance. The property is zoned RP (Residential Performance District) and is located in the Shawnee Magisterial District. The current Master Development Plan (MDP) provides the required inter-parcel connection. Approval of the proposed waiver will allow for a revision to the MDP. The applicant is requesting a waiver that is only granted by the Board of Supervisors. Zoning Ordinance Requirement: Inter-parcel Connectors are required in the zoning ordinance under §165-202.04 Streets: Inter-parcel Connectors. The section states: All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the master development plan (MDP) reviewed by the Board of Supervisors. This requirement for inter-parcel connector streets may be waived by the Board of Supervisors if the Board finds i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter-parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. Background: The Master Development Plan (MDP), initially approved in 1999 and revised in 2016, included nine phases of the Raven Wing subdivision and two phases of the Oak Dale Crossings subdivision. There were three (3) inter-parcel connections proposed. The construction of the inter-parcel connection between Phase 3 of the Raven Wing subdivision and Oakdale Crossing II subdivision has been 345 Page 2 of 4 completed (Dewberry Drive). The inter-parcel connection between Oakdale II and Phase 9 Raven Pointe will be installed with the completion of Phase 9 subdivision construction (Summerfield Drive & Fairfield Drive). The inter-parcel connection of Underwood Lane and Phase 9 Raven Pointe is the inter-parcel connection that is the subject of the waiver request. The approved MDP indicates all three inter-parcel connections shall be completed and operational upon the completion of Phase 9 of the Raven Pointe subdivision or following the completion of the improvements to the segment of Senseny Road from the City of Winchester to Greenwood Road as indicated on the Frederick County Secondary Road Improvement Plan, whichever occurs first. Currently there are not any near-term funded or planned projects to make significant improvements to this section of road. MDP #02-99 - Notes on Inter-Parcel Connectors Identified by *: The construction of the inter-parcel connectors to adjoining subdivisions will commence during the development of Phase 9 of this Master Development Plan or following the completion of improvements to the segment of Senseny Road and the City of Winchester to Greenwood Road as identified in the Frederick County Secondary Road Improvement Plan, whichever occurs first. The subdivision is located south of Senseny Road and north of Millwood Pike (Route 50). Crest Leigh Drive provides access from Senseny Road and two access points, Custer Avenue and Inverlee Way, provides access to Millwood Pike (Route 50 East). Staff has received complaints previously about alleged cut through traffic moving from Route 50 to Senseny Road through this subdivision street system. Directly east, and adjacent to the subdivision is an area identified on the Comprehensive Plan as the Greenwood Urban Center. The Senseny/Eastern Frederick Urban Area Plan, a part of the Comprehensive Plan, plans for a new minor collector connection along the eastern boundary of the subdivision and the western boundary of the Greenwood Urban Center. The continuation of Inverlee Way to Senseny Road will provide a future minor collector roadway connection of Senseny Road and Millwood Pike. The location of this future roadway in the Comprehensive Plan is general in nature 346 Page 3 of 4 and should not be interpreted as the exact location of where such a facility would be constructed in the future. “The designated Greenwood Urban Center provides an opportunity for a focal point for an area where most of the recent suburban residential development has occurred. The Greenwood Urban center is envisioned to introduce a mix of uses into already developed areas in a way that builds the identity and enhances livability. This urban center should embrace a traditional main-street feel, be pedestrian-friendly, ecologically sensitive, and architecturally distinctive, honor our region’s local heritage and look to the future by promoting urban life in a dynamic new way.” Access management is a significant consideration of the Senseny/Eastern Frederick Urban Area Plan and the desire to use frontage roads, minor collector roads, and inter-parcel connections to bring traffic to a common access point is key to reducing the need for roadway widening and rapid expansions (page 18). The plan proposes a new and extended major collector network (Warrior Drive, Justes Drive, Channing Drive, and Inverlee Way) and focuses on a more walkable and friendly street thoroughfare design, fully integrated with bicycle and pedestrian facilities (page 18). The goal of the Comprehensive Plan is to achieve an acceptable Level of Service (LOS) on area roads and the overall transportation network of a LOS C or better should be promoted (page 18). Inter-parcel connection further these goals if situated in a manner that does not encourage cut-through traffic due to inadequate preferable routes. Summary & Requested Action: In addition to the future construction of Inverlee Way, the (MDP) provides three inter-parcel connections for improved access management. The applicant seeks a waiver of the inter-parcel connection to Underwood Lane on the basis that making the connection without the construction of the Inverlee Way roadway connection in place would be contrary to good planning policy (§165-202.04 Section IV). Additionally, the inter-parcel connection would have the unintended consequence of turning a small subdivision street network into a major connector thoroughfare until at such time Inverlee Way is constructed. 347 Page 4 of 4 Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this waiver request. Attachments: 1. Waiver Application & Letter 2. MDP 348 233FAIRFIELD DR 231FAIRFIELD DR 131CAHILLE DR 133CAHILLE DR 135CAHILLE DR 134CAHILLE DR 136CAHILLE DR 223TAGGART DR 224TAGGART DR 218SUMMERFIELD DR 220SUMMERFIELD DR 219SUMMERFIELD DR 225TAGGART DR 226TAGGART DR 217SUMMERFIELD DR 229FAIRFIELD DR 137CAHILLE DR 138CAHILLE DR 216SUMMERFIELD DR 215SUMMERFIELD DR 140CAHILLE DR 227FAIRFIELD DR 139CAHILLE DR 214SUMMERFIELD DR 213SUMMERFIELD DR 222FAIRFIELD DR 141CAHILLE DR 142CAHILLE DR 231TAGGART DR 212SUMMERFIELD DR 211SUMMERFIELD DR 225FAIRFIELD DR 143CAHILLE DR 144CAHILLE DR 234TAGGART DR 209SUMMERFIELD DR 220FAIRFIELD DR 208SUMMERFIELD DR 223FAIRFIELD DR 236TAGGART DR 100DERRYNAN CT 218FAIRFIELD DR 102DERRYNAN CT101SUMMERFIELD DR 216FAIRFIELD DR 103DERRYNAN CT219FAIRFIELD DR 104DERRYNAN CT 143UNDERWOOD LN 214FAIRFIELD DR 217FAIRFIELD DR 209BOUNDARYAVE 139UNDERWOOD LN215FAIRFIELD DR 205BOUNDARYAVE 142UNDERWOOD LN 135UNDERWOOD LN213FAIRFIELD DR 138UNDERWOOD LN 131UNDERWOOD LN211FAIRFIELD DR 139BOUNDARYAVE 137BOUNDARYAVE 134UNDERWOOD LN 127UNDERWOOD LN209FAIRFIELD DR 130UNDERWOOD LN 123UNDERWOOD LN207FAIRFIELD DR 125BOUNDARYAVE 126UNDERWOOD LN 119UNDERWOOD LN 205FAIRFIELD DR 115UNDERWOOD LN CAHILLE DRFAIRFIELD DRSUMMERFIELD DRTAGGART DRUNDERWOOD LNBOUNDARY AVEApplication Sewer and Water Service A rea Parcels RP (Residential Per form ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 1, 2025DERRYNANCTMASSIEDRBING C T INVERLEEWAYTAGGART DRFAI RFI ELDDRORKNEYDR CAHILLE DRTEYCT SENSENYRD STANLEYDRDONEGAL CTSUMMERFIELDDRMI LAMDRDARBY DROAK RIDGE LNKI NROSS DRH U N T E R S RID G E R D UNDERWOODLNBOUNDARY AVE0 210 420105 Feet 64 A 119A WAV # 03 - 25: Raven Pointe Section 9PIN: 64 - A - 119AWaiver of Zoning Ordinance §165-202.04 Streets: Inter-Parcel ConnectorsZoning Map WAV #03-25 349 233FAIRFIELD DR 231FAIRFIELD DR 131CAHILLE DR 133CAHILLE DR 135CAHILLE DR 134CAHILLE DR 136CAHILLE DR 223TAGGART DR 224TAGGART DR 218SUMMERFIELD DR 220SUMMERFIELD DR 219SUMMERFIELD DR 225TAGGART DR 226TAGGART DR 217SUMMERFIELD DR 229FAIRFIELD DR 137CAHILLE DR 138CAHILLE DR 216SUMMERFIELD DR 215SUMMERFIELD DR 140CAHILLE DR 227FAIRFIELD DR 139CAHILLE DR 214SUMMERFIELD DR 213SUMMERFIELD DR 222FAIRFIELD DR 141CAHILLE DR 142CAHILLE DR 231TAGGART DR 212SUMMERFIELD DR 211SUMMERFIELD DR 225FAIRFIELD DR 143CAHILLE DR 144CAHILLE DR 234TAGGART DR 209SUMMERFIELD DR 220FAIRFIELD DR 208SUMMERFIELD DR 223FAIRFIELD DR 236TAGGART DR 100DERRYNAN CT 218FAIRFIELD DR 102DERRYNAN CT101SUMMERFIELD DR 216FAIRFIELD DR 103DERRYNAN CT219FAIRFIELD DR 104DERRYNAN CT 143UNDERWOOD LN 214FAIRFIELD DR 217FAIRFIELD DR 209BOUNDARYAVE 139UNDERWOOD LN215FAIRFIELD DR 205BOUNDARYAVE 142UNDERWOOD LN 135UNDERWOOD LN213FAIRFIELD DR 138UNDERWOOD LN 131UNDERWOOD LN211FAIRFIELD DR 139BOUNDARYAVE 137BOUNDARYAVE 134UNDERWOOD LN 127UNDERWOOD LN209FAIRFIELD DR 130UNDERWOOD LN 123UNDERWOOD LN207FAIRFIELD DR 125BOUNDARYAVE 126UNDERWOOD LN 119UNDERWOOD LN 205FAIRFIELD DR 115UNDERWOOD LN CAHILLE DRFAIRFIELD DRSUMMERFIELD DRTAGGART DRUNDERWOOD LNBOUNDARY AVEApplication Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 1, 2025DERRYNANCTMASSIEDRBING C T INVERLEEWAYTAGGART DRFAI RFI ELDDRORKNEYDR CAHILLE DRTEYCT SENSENYRD STANLEYDRDONEGAL CTSUMMERFIELDDRMI LAMDRDARBY DROAK RIDGE LNKI NROSS DRH U N T E R S RID G E R D UNDERWOODLNBOUNDARY AVE0 210 420105 Feet 64 A 119A WAV # 03 - 25: Raven Pointe Section 9PIN: 64 - A - 119AWaiver of Zoning Ordinance §165-202.04 Streets: Inter-Parcel ConnectorsLocation Map WAV #03-25 350 351 352 353 354 355 356 Planning Commission Agenda Item Detail Meeting Date: May 21, 2025 Agenda Section: Other Title: Current Planning Applications Attachments: 357