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HomeMy WebLinkAbout09-17 Comments (3)7couv) RESu July 10, 2017 Ms. Julie Langan DHR Director & State Historic Preservation Officer 2801 Kensington Avenue Richmond, VA 23221 Re: Request for Section 106 Review: Amherst Tower 108 Stonewall Drive Winchester, Frederick County, VA 22603 Dear Ms. Langan, RESCOM Environmental Corp is requesting a Section 106 Review for the above referenced project. Enclosed is an FCC Form 620 with attachments summarizing RESCOM's findings. Based upon the observations documented within Form 620, it is RESCOM's opinion that the proposed project will not affect any historic properties within the APE. A conclusion of "no adverse effect to historic properties" is recommended and we respectfully request your concurrence Should you require further information, please do not hesitate to contact our office at (260) 385-6999. Thank you for your time and attention to this matter. Sincerely, RESCOM Environmental Corp I f. Andrew Smith Project Manager andrew.smithCa?rescom.ora Enclosures cc: RESCOM file 1611008 RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770 Phone: (231) 409-2563 • Fax: (231) 487-0726 www.rescom.org Andrew Smith From: towernotifyinfo@fcc.gov Sent: Friday, August 4, 2017 5:15 PM To: andrew.smith@rescom.org Subject: Section 106 Notification of SHPO/THPO Concurrence- Email ID #2443075 This is to notify you that the Lead SHPO/THPO has concurred with the following filing: Date of Action: 08/04/2017 Direct Effect: No Effect on Historic Properties in APE Visual Effect: No Adverse Effect on Historic Properties in APE Comment Text: We believe that the undertaking will have No Adverse Effect on historic properties listed in or eligible for the National Register of Historic Places. Chris Novelli Virginia Department of Historic Resources File Number: 0007848832 TCNS Number: 156703 Purpose: New Tower Submission Packet Notification Date: 7AM EST 07/11/2017 Applicant: Shenandoah Mobile, LLC Consultant: RESCOM Environmental Consulting Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: No Site Name: Amherst Site Address: 108 Stonewall D\r Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Site Coordinates: 39-11-18.7 N, 78-12-27.7 W City: Winchester County: FREDERICK State:VA Lead SHPO/THPO: Virginia Department of Historic Resources NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system. ATTACHMENT B — SHPO CONSULTATION Lead SHPO: Virginia State Historic Preservation Office Secondary SHPO (If Applicable): N/A Date of Submission: July 10, 2017 FCC E-106 File Number: 0007848832 RESCOM's Findings: ❑ No Historic Properties in APE ❑ No Effect to Historic Properties in APE ® No Adverse Effect to Historic Properties in APE Date of Response: August 4, 2017 SHPO'S Findings: ❑ No Response ❑ No Historic Properties in APE ® No Effect to Historic Properties in APE ❑ No Adverse Effect to Historic Properties in APE ❑ Adverse Effect to Historic Properties in APE ❑ Conditional No Adverse Effect: ❑ Other: T -Squared Site Services, LLC RESC'Oil FCC NEPA Summary Report AMHERST / 15149 MAP LEGEND Area of Interest (AOI) EArea of Interest (AOI) Soils Soil Map Unit Polygons o Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit ;v; Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Soil Map—Frederick County, Virginia (Amherst Tower) Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation 4-4-► Rails -� Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:15,800. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Frederick County, Virginia Survey Area Data: Version 11, Sep 28, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Oct 9, 201'f.—Nov 6, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. US Oi\ Natural Resources Web Soil Survey 5/15/2017 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Frederick County, Virginia Map Unit Legend Amherst Tower Frederick County, Virginia (VA069) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 14C Frederick-Poplimento loams, 7 0.2 9.4% to 15 percent slopes 16C Frederick-Poplimento loams, 0.7 29.2% very rocky, 7 to 15 percent slopes 17E Frederick-Poplimento-Rock 1.4 61.3% outcrop complex, 15 to 45 percent slopes Totals for Area of Interest 2.3 100.0% USDA Natural Resources Web Soil Survey 5/15/2017 Conservation Service National Cooperative Soil Survey Page 3 of 3 Wetland map October 31, 2017 This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the Wetlands r1 base data shown on this map. All wetlands related data should Freshwater Emergent Wetland Lake be used in accordance with the laye� metadata found on the Wetlands Mapper web site. Estuarine and Marine Deepwater Freshwater Forested/Shrub Wetland F Other Estuarine and Marine Wetland l Freshwater Pond Riverine National Wetlands Inventory (NWI) This page was produced by the N M mapper USMS National `1r ildl fe Refuges And Fish Hatcheries Any activity proposed on National Wildlife Refine lands must undergo a'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuges or fish hatcheries within your project area. 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. 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. Mammals Indiana Bat Myotis sodalis Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: htt2s://ecos.fws.gQv/ecp/species/5949 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: Vis://ecos.fws.gov/ecp/species/9045 Flowering Plants NAME STATUS Harperella Ptilimnium nodosum Endangered No critical habitat has been designated for this species. Species profile: httns://ecos.fws.gov/ecp/species/37;9 Critical habitats There are no critical habitats within your project area under this office's jurisdiction. Project -summary Consultation Code: 05E2VA00-2018-SLI-0471 Event Code: 05E2VA00-2018-E-01069 Project Name: Amherst Tower Project Type: COMMUNICATIONS TOWER Project Description: Construction of a small cell telecommunications pole within existing disturbed road right-of-way. Project Location: Approximate location of the project can be viewed in Google Maps: https•//www google com/maps/place/39 18967107180627N78 20719218410 8 W �Hffl ask t Counties: Frederick, VA +C�fficiei species dist 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 utilize their authorities: tocarry 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. 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 Enviromnental 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 Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.httnl). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/comtow.ht". 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 Consultation Tracking Number in the header of this 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 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 http7//www.fws.goy/noi-theast/virginiafield/ In Reply Refer To: Consultation Code: 05E2VA00-2018-SLI-0471 Event Code: 05E2VA00-2018-E-01069 Project Name: Amherst Tower October 31, 2017 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity proposed on National Wildlife Refuge lands must undergo a'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to SUPPORTING DOCUMENTATION U.S. Fish & Wildlife Service Information, Planning, and Conservation (IPaC) Results U.S. Fish & Wildlife service National Wetlands Inventory Natural Resource Conservation Service Web Soil Survey North American Flyway Map T -Squared Site Services, LLC RES6601 Informal Biological Report . 1 15149 - Amherst These guidelines suggest, if collocating on an existing tower or non -tower structure is not possible, that proposed towers be constructed 999' or less in overall height, without the use of guy wires, and in a facility with a minimum possible footprint. Additionally, the USFWS suggests towers be unlit or lit with only white or red strobe lights. All necessary guy wires should have daytime visual markers on the wires. Lastly, towers should be designed to encourage future collocations. While the proposed tower will have an overall height of 130' to 150', according to the current available studies, such as the Michigan State Police Tower Study, towers above 500' appear to have more of an effect on migratory birds than towers that are shorter than 500'. Additionally, the proposed tower is an improvement over the existing tower. The proposed tower will be self- supporting, a configuration much safer for birds landing in fog or reduced visibility. Based on the construction drawings provided by T -Squared Site Services, LLC, we have concluded that steps have been taken to adhere to the USFWS tower siting guidelines including constructing with a minimum facility footprint, an overall height below 199', no guy wires, and to accommodate future collocations. CONCLUSIONS: Based on the information presented in this report, habitats necessary to support listed and potentially listed Threatened & Endangered species and Critical Habitats do not exist at the subject property or in the vicinity. Therefore, the proposed project is not likely to impact Threatened & Endangered species as contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4, critical habitats as contained in 50 CFR 17.95, 17.96, and part 226, or migratory birds protected under the Migratory Bird Treaty Act. Joe Lee / Biologist RESCOM Environmental Corp. RESCOM File 1611008 R SCOMP Andrew Smith / Report Preparer RESCOM Environmental Corp. T -Squared Site Services, LLC Informal Biological Report 15149 - Amherst wetland. Additionally, no wetland indicators such as wretland vegetation or standing water were noted at the time of the field inspection. According to the Natural Resource Conservation Service (NRCS) Web Soil Survey, underlying soils in the immediate vicinity of the proposed project consist of Federick — Poplimento - Rock outcrop complex, 15 to 45 percent slopes. The soil is not listed as a hydric soil with the NRCS. The nearest body of water is Abrams Creek, which flows approximately 500' southwest and east of the subject property. Based on all of these factors there are no wetland areas at or near the subject property. THREATENED & ENDANGERED SPECIES: RESCOM utilized IPaC to determine if any listed or potentially listed Threatened & Endangered species exist within or within 30' of the proposed project area. RESCOM then reviewed various field guides and reference books to determine what habitats are necessary to support the listed or potentially listed species of the area. Necessary habitats were compared to the habitat found at and near the subject property. Based on this comparison, none of the listed or potentially listed Threatened & Endangered species identified by the USFWS are likely to be found at the subject property, or within a 30' buffer zone surrounding all proposed lease areas. A complete list of these species, their required habitat, and the potential project impact is as follows. Species Status* Required Habitat Determination Potential Impact Harperella Occurs on rocky or gravel shoals and Ptilimnium LE sandbars and along the margins of No Effect No Suitable fluviatile clear, swift -flowing stream sections. Habitat Roost and form maternity colonies Indiana Bat under loose bark or in hollows and No Suitable Myotis sodalis LE cavities of mature trees. Savanna No Effect Habitat habitats adjacent to riparian corridors may have been historically important. Old-growth forests; intact interior Northern forest habitat with low edge -to -interior Long-eared ratios; uneven forest structures, single Bat LT and multiple tree -fall gaps, standing No Effect No Suitable Myotis snags and woody debris. Hibernation Habitat septentrionalis in caves, mines, and tunnels from late fall through early spring. *LE: Listed Endangered; LT: Listed Threatened; PE: Proposed Endangered; PT: Proposed Threatened MIGRATORY BIRDS: Based on the results of a field reconnaissance and review of available maps maintained by the U.S. Forest Service (USFS) and USFWS, the proposed project area is not located in a waterway, wildlife refuge, national wilderness area, grassland, forest area, ridge -line, coastline or area commonly known to have high incidences of fog or low clouds, where migratory birds may be found. The site is within or near to a primary flyway. While the probability that migratory birds will be found within the project area is minimal, the presence of migratory birds cannot be ruled out. The IPaC results and field guides suggests multiple migratory bird species may be located within the county of the project area year-round or seasonally. The USFWS has established "Service Guidance on the Siting, Construction, Operation and Decommissioning of Communication Towers" to reduce potential impact to migratory birds. T -Squared Site Services, LLC Informal Biological Report SCOW 15149 -Amherst Site Name: Amherst Tower Site Number: Site Location: 219 Round Hill Drive, Winchester, Frederick County, VA 22602 Project Type: Proposed construction of a 130'- 150' monopole style telecommunications facility Unless stated otherwise, for the purpose of this report RESCOM Environmental Corp assessed the direct project area and a 30' buffer in all directions from the boundary of all proposed lease areas. REGULATORY STATEMENT: This Informal Biological Assessment (IBA) is being performed in conjunction with a NEPA assessment as required by the National Environmental Policy Act (NEPA) referenced in 47 CFR Subpart 1, Chapter 1, Sections 1.130-1.1319. This IBA addresses potential affects to threatened and endangered species and critical habitats as referenced in 47 CFR 1.1307 (a) 3. Additionally, this IBA addresses potential affects to migratory birds as referenced in the Note to 47 CFR 1.1307 (d). For the purposes of this report, RESCOM assessed threatened and endangered species as contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4, critical habitats as contained in 50 CFR 17.95, 17.96, and part 226, and migratory birds protected under the Migratory Bird Treaty Act. PROJECT OVERVIEW: T -Squared Site Services, LLC proposes the construction of a monopole style telecommunications facility. The facility will include a 130' - 150' monopole style tower, within a ground level fenced compound. An access drive will come in off an existing road from the southwest. The proposed project will utilize existing power and telco sources routed through disturbed areas. Potential ground disturbance and habitat impact will be limited to the proposed fenced compound, access easement, and utility easement. LOCAL HABITAT: RESCOM conducted a field reconnaissance of the proposed project area and determined the habitat at the subject property consists of an undeveloped open grass covered plot that appears to be filled and graded level. Habitats at the adjacent properties include: undeveloped land to the north, a paved parking lot followed by an electrical substation to the east, undeveloped land to the south, and an auto salvage storage yard to the west. CRITICAL HABITAT, WILDLIFE REFUGES, AND WETLANDS: RESCOM utilized the USFWS Information, Planning, and Conservation (IPaC) decision support system to determine if there are any critical habitats or National Wildlife Refuges within or near the proposed project area. Based on the IPaC results, there are no critical habitats or National Wildlife Refuges at or near the proposed project area. Based on a review of the digitized National Wetlands Inventory maintained by the U.S. Fish and Wildlife Service (USFWS), the subject property is not within the boundary of a designated T -Squared Site Services, LLC RECi` Informal Biological Report 15149 - Amherst r CO October 31, 2017 Mr. Mark Thompson T -Squared Site Services, LLC 2500 Highland Road, Suite 201 Hermitage, Pennsylvania 16148 RE: Informal Biological Assessment for the proposed construction of a telecommunications tower facility: 15149 - Amherst 219 Round Hill Road Dr Winchester, Frederick County, Virginia Dear Mr. Thompson, RESCOM Environmental Corp has completed an Informal Biological Assessment (IBA) in conjunction with a NEPA assessment for the above referenced property. The purpose of this IBA is to address potential affects to threatened and endangered species and critical habitats as referenced in 47 CFR 1.1307 (a) 3. Additionally, this IBA addresses potential affects to migratory birds as referenced in the Note to 47 CFR 1.1307 (d). Based on the information presented in this report, the proposed project is not likely to impact threatened and endangered species as contained in 50 CFR 17.11, 17.22, 222.23(a), 227.4, critical habitats as contained in 50 CFR 17.95, 17.96, and part 226, or migratory birds protected under the Migratory Bird Treaty Act. Thank you for the opportunity to provide this service and we look forward to working with you in the future. If you have any questions or comments, please call our office at (231) 409-2563. Sincerely, RESCOM Environmental Corp Andrew Smith Project Manager Andrew. smith(a)-rescom.org RESCOM File 1611008 RESCOM Environmental Corp. • P.O. Box 361 • Petoskey, MI 49770 Phone: (231) 409-2563 • Fax: (231) 487-0726 www.rescom.org ATTACHMENT A - INFORMAL BIOLOGICAL ASSESSMENT T -Squared Site Services, LLC RESCOM,,V FCC NEPA Summary Report AMHERST/15149 NEPA SUMMARY REVIEW HIGH INTENSITY WHITE LIGHTS Based on project drawings provided by T -Squared Site Services, LLC, the, proposed project does not include high intensity white lighting. RADIO FREQUENCY EXPOSURE T -Squared Site Services, LLC will confirm radio frequency levels will meet safety standards for human exposure with each new tenant. CONCLUSIONS: Based on information provided by T -Squared Site Services, LLC, information acquired by RESCOM Environmental, and the outcome of the SHPO, THPO, and Public consultation processes, RESCOM has determined the proposed project may adversely affect one of the Special Interest Items 1-9 listed in 47 CFR Subpart 1, Chapter 1, Sections 1.1301-1.1319 and the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (NPAC). f r November 6, 2017 Andrew Smith - Project Manager Date Attachments: A. Informal Biological Assessment B. State Historic Preservation Office Consultations C. Native American Tribal Consultations D. Maps T -Squared Site Services, LLC FCC NEPA Summary Report nneuEocT i 11;1A9 NEPA SUMMARY REVIEW Delaware Nation Eastern Shawnee Tribe of Oklahoma Shawnee Tribe RESCOM received a Catawba Indian Nation, Cherokee Nation, Crow Creek Sioux Tribal Council, Eastern Shawnee Tribe of Oklahoma and Shawnee Tribe indicating no concern with the proposed project. RESCOM referred tribes that had not responded to the FCC on October 4, 2017. The FCC responded on October 5, 2017 indicating if no further concerns were raised by referred tribes, then 20 days from October 5, 2017 RESCOM could assume concurrence of no effect. All tribal groups have either responded, provided an exclusion via TCNS, or been closed by the FCC. Therefore, as of November 2, 2017, obligations with respect to THPO consultation are deemed complete (See Attachment C). All Tribes do request immediate notification should human remains or objects under NAGPRA become uncovered during construction. WILDERNESS AREAS & WILDLIFE PRESERVES RESCOM reviewed maps published by the National Forest Service, the US Fish and Wildlife Service (USFWS), and Wilderness.net, and found no Wildlife Preserves, Wilderness Areas, National Grasslands, National Forests, or National Scenic Trails are located at or near the subject property. Additionally, no Wildlife Preserves, Wilderness Areas, National Grasslands, National Forests, or National Scenic Trails were noted during the site visit (See Attachment D). HREATENED & ENDANGERED SPECIES & CRITICAL HABITATS An informal biological assessment was conducted at the subject property to determine if habitats necessary to support listed species or critical habitats exist at the subject property and in the immediate vicinity. The informal biological assessment is based on visual observations of on-site conditions and general habitats as compared to data acquired from the U.S. Fish and Wildlife Service (USFWS) (Reference Appendix A). Based on information obtained from the USFWS, habitats necessary to support federally listed threatened and endangered species do not occur at or in the vicinity of the subject property. Therefore, the proposed project will not affect any listed threatened or endangered species. In addition, there are no designated critical habitats at or in the vicinity of the subject property. DESIGNATED FLOODPLAINS RESCOM reviewed flood insurance map number FM51069CO204D as published by the Federal Emergency Management Agency with an effective date of September 2, 2009. The project area is not within the boundary of a designated floodplain. The existing access road for the proposed project does cross a floodplain boundary; however, no modifications will occur to the access road (Reference Appendix D). CHANGES TO SURFACE FEATURES RESCOM reviewed a digitized National Wetlands Inventory (NWI) map compiled with data maintained by the USFWS. Based on a review of the NWI map, the proposed project will not fall within a designated wetland (Reference Appendix D). Furthermore, the scope of project does not call for wetland fill, water diversion, or deforestation. Therefore, the proposed project will not cause a significant change in surface features. R5COA T -Squared Site Services, LLC FCC NEPA Summary Report AMHERST i 15149 NEPA SUMMARY REVIEW sites were previously recorded in the project area although one was noted within a mile of the project area. An archaeological survey by Andrew Smith, MA. determined no archaeological materials within the project area and archaeological clearance was recommended. RESCOM consulted with the Virginia State Historic Preservation Office to conduct a Section 106 Review for the proposed project. Based on the results of the historical resources field investigation and archival search and well as the archaeological survey, it is RESCOM's opinion that there will be no effect to historic properties in the Direct or Visual APE of the proposed project. A request for Section 106 Review was received by the Virginia SHPO via E106 on July 10, 2017, requesting concurrence of the "no adverse effect to historic properties" determination. The Virginia SHPO responded on August 4, 2017 indicating concurrence with the determination of "no adverse effect to historic properties" (Reference Appendix B). RESCOM identified Bill M. Ewing, Frederick County Board, Gainesboro Magisterial District, as Local Government contacts with jurisdiction over the proposed project location. Additionally, RESCOM identified Ms. Winchester -Frederick County Historical Society, as an additional consulting party with interest in the project location. RESCOM sent a letter to these groups on July 10, 2017, outlining the proposed project and inviting them to comment on the potential for the proposed project to effect historic resources listed in or eligible for listing in the National Register of Historic Places. To date, RESCOM has not received a response from these groups (Reference Appendix B). RESCOM contacted the Winchester Star and posted a "Public Participation" ad in the paper on July 13, 2017. The proposed project was described in detail and "questions, comments, and correspondence" were solicited from the public regarding potential effect to historic properties. To date, RESCOM has not received any public comments regarding the proposed project and potential affects to historic properties (Reference Appendix B). Per the NPA, the applicant must allow a period of 30 days for the public and all consulting parties to provide comment on the proposed project. Therefore, as of August 13, 2017, the public participation period ended and no further consultation is required. TRIBAL CONSULTATION: RESCOM utilized the Tower Construction Notification System (TCNS) maintained by the Federal Communications Commission (FCC) to identify any tribal entities with interest in the area of the proposed project. The FCC responded via e-mail on May 26, 2017, indicating eight tribal groups were forwarded information regarding the location of the proposed project. The FCC assigned this project with TCNS ID: 156703. RESCOM received either a 'no interest' or 'no comment' response or a statement of exclusions in pre - construction review from the following triba! groups: Bad River Band of Lake Superior Tribe of Chippewa Indians Tuscarora Nation An invitation to comment letter was sent via regular mail on August 25, 2017 to serve as a second notice to the following list of Native American Tribes. These groups were either identified as having interest in the location of the proposed project and had not yet responded or requested additional information. • Catawba Indian Nation • Cherokee Nation • Crow Creek Sioux Tribal Council RCS T -Squared Site Services, LLC FCC NEPA Summary Report ARA LJC�CT ! !!;!An ..... HER -T .... . NEPA SUMMARY REVIEW Site Name: -AMHERST Site Number: Site Location: 219 Round Hill Road Dr Winchester Frederick County, VA 22602 Project Type: Proposed new 138' monopole style tower in a fenced compound. RESCOM Environmental Corporation completed a NEPA Summary for the above referenced project to determine potential affects to Special Interest Items 1-9 listed in 47 CFR Subpart 1, Chapter 1, Section 1.1307(a). This NEPA Impact Assessment was performed in consideration of 47 CFR Subpart 1, Chapter 1, Sections 1.1301-1.1319 and the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (NPAC). PROJECT OVERVIEW: RESCOM Environmental completed a NEPA Summary Report for T -Squared Site Services, LLC. T - Squared Site Services, LLC, proposes a new 138' monopole style telecommunications tower within a 60' x 60' fenced compound. Power and telco will be routed to the site along an existing access road through disturbed areas. The proposed project involves ground disturbing activities and was covered by an archaeological survey. REGULATORY SUMMARY: Based on CFR 36, Part 800, Subpart B of the National Historic Preservation Act and the FCC's NPA, new construction projects are required to be submitted for Section 106 Review to State Historic Preservation Offices and interested Tribal Groups. Additionally, based on 47 CFR Subpart 1, Chapter 1, Section 1.1306 (Note 1), construction of new telecommunications facilities requires a review of impacts to the following Special Interest Items: wilderness areas, wildlife preserves, threatened and endangered species, designated floodplains, and changes to surface features. AREA OF POTENTIAL EFFECTS: Based on the height of the tower and procedures outlined by the NPA, the Area of Potential Effects (APE) for indirect visual effects is a 0.5 -mile radius from the tower center. The Visual APE is largely buffered by mature tree growth urban development in all directions. The APE for direct effects is limited to the subject tower compound and access road. SITE RECONNAISSANCE: RESCOM Environmental completed a site visit to photograph the subject property, adjacent properties, and any historic resources that might exist within the indirect visual APE. An archaeological survey was conducted on December 1, 2016 as ground disturbing activities will occur. No archaeological materials or sites were discovered. SHPO CONSULTATION: RESCOM conducted a records review of the Virginia State Historic Preservation in person on December 1, 2016, to determine if any listed or eligible historic resources exist within the APEs and to determine the presence of known archaeological sites within the project area and vicinity. Additionally, RESCOM reviewed the National Register of Historic Places (NRNP) online database and Google Earth layer to determine if any listed historic resources exist within the visual APE. RESCOM determined there are no National Register -Listed and one National Register -Eligible historic resources within the 0.5 -mile visual APE, and no historic resources within the direct APE. Additionally, no archaeological RESCQ!` �' T -Squared Site Services, LLC ' FCC NEPA Summary Report AMHERST ! 15149 NEPA SUMMARY CHECKLIST Will the proposed undertaking have an effect on the following National Environmental Policy Act (NEPA) Special Interest Items as referenced in 47 CFR Subpart 1, Chapter 1, Sections 1.1301-1.1319. 1. Will the facility be located in an officially designated wilderness area? ❑ Yes (A No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 2. Will the facility be located in an officially designated wildlife preserve? ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 3. Will the facility affect listed threatened or endangered species or designated critical habitats? (Reference 50 CFR Part 402) ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 4. Will the facility affect districts, sites, buildings, structures, or objects listed or potentially eligible for listing in the National Register of Historic Places (NRNP)? (Reference 36 CFR Part 800 regulations implementing Section 106 of the National Historic Preservation Act) ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 5. Will the facility affect Native American religious or cultural sites? ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 6. Will the facility be located in a flood plain? (Reference Executive Order 11988 and 40 CFR Part 6, Appendix A) ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 7. Will the construction of the facility involve significant change in surface features (e.g. wetland fill, deforestation, or water diversion)? (Reference Executive Order 11990 and 40 CFR Part 6, Appendix A) ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 8. Is the antenna structure located in or near a residential neighborhood as defined by the applicable zoning law? If so, will the antenna tower and/or supporting structure be equipped with high intensity white lights? ❑ Yes ® No ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 9. Could the proposed facility potentially cause exposure of workers or the general public to levels of radio frequency in excess of the standards set forth by the Commission? ❑ Yes ® No T -Squared Site Services, LLC will confirm ❑ Exempt from Review per 47 CFR Subpart 1, Chapter 1, Section 1.1306 i x November 6 2017 Preparer's Signature Andrew Smith, Project Manaqer Preparer's Name and Title RES Date RESCOM Environmental Company Name T -Squared Site Services, LLC FCC NEPA Summary Report Ah.4HFRST 115149 TABLE OF CONTENTS NEPASummary Checklist............................................................................................................................1 NEPASummary Review...............................................................................................................................2 ProjectOverview..............................................................................................................................2 RegulatorySummary .......................................................................................................................2 Areaof Potential Effects..................................................................................................................2 SiteReconnaissance.......................................................................................................................2 SHPOConsultation.........................................................................................................................2 TribalConsultation...........................................................................................................................3 Wilderness Areas & Wildlife Preserves...........................................................................................4 Threatened & Endangered Species & Critical Habitats...................................................................4 DesignatedFloodplains...................................................................................................................4 Changesto Surface Features..........................................................................................................4 HighIntensity White Lights..............................................................................................................5 RadioFrequency Exposure.............................................................................................................5 Conclusions.....................................................................................................................................5 Attachments A: Informal Biological Assessment.................................................................................................6 B: SHPO Consultation..................................................................................................................23 SHPOResponse..............................................................................................................24 SHPOSubmission............................................................................................................25 Form620..........................................................................................................................27 PublicNotice Affidavit.......................................................................................................83 C: Tribal Consultation...................................................................................................................84 Tribal Consultation Spreadsheet......................................................................................85 FinalResponses................................................................................................................86 Noticeof Organizations...................................................................................................103 D: Maps......................................................................................................................................109 FEMAFlood Map.............................................................................................................110 CriticalHabitat Map........................................................................................................111 National Scenic and Historic Trails.................................................................................112 NEPAReview Sources.............................................................................................................................113 T -Squared Site Services, LLC RESCOFCC NEPA Summary Report AMHERST / 15149 NEPA REVIEW RESOURCES HISTORIC RESOURCE RECORDS: Virginia State Historic Preservation :Office. On site visit. National Park Service, National Register of Historic Places online database, http://nrhp.focus.nps.qov/natregadvancedsearch.do?searchtvpe=natregadvanced National Park Service, National Register of Historic Places Google Earth Layer MAPS: FEMA Map Service Center - https:Hmsc.fema.gov/ Natural Resource Conservation Service — Web Soil Survey Interactive Map — http://websoilsurvey.sc.egov.usda.gov/App/HomePa-ge.htm U.S. Fish and Wildlife Service — Critical Habitat Portal Map — hftp://criticalhabitat.fws.gov/crithab/ U.S. Fish and Wildlife Service — Online Wildlife Refuge Locator - http://www.fws.qov/refuges/refu-qeLocatorMal)s/index. html U.S. Forest Service — Land Status and Encumbrance Interactive Map - http://apps fs fed us/fsmapviewer/index html?config=public- config/ALP StatusAndEncumbrance.xml Wilderness.net —Wilderness Area Online Interactive Map - hftp://www.wilderness.neVNWPS/maps THREATENED & ENDANGERED SPECIES LISTS: U.S. Fish and Wildlife Service — Information, Planning, and Conservation System (IPaC) — Initial Project Scoping — hftp://ecos.fws.-gov/ipac/ T -Squared Site Services, LLC RESFCC NEPA Summary Report AMHERST / 15149 11/3/2017 ArcGIS - My Map My Map USFWS_Critical_Habitat - Critical Habitat - Linear Features - Final USFWS_Critical_Habitat - Criti'cal Habitat - Polygon Features - Final all Pd� USFWS_Criticai_Habitat -� Crest h Critical Habitat - Linear Features- Proposed USFWS_Critical_Habitat - Critical Habitat - Polygon Features - Proposed Project Area }cam b��tr VITA, West Virginia GIS, Esri, HERE, Garmin, INCREMENT P, Interi nap, USGS, EPA, USDA http:IANww-arcgis-com/home/webmap/print.html V1 Green CONCORD A^ounta6> cD NEW ENGLAND Fnrt Stanwix . NATIONAL SCENIC TRAIL NPA f 6oston Harbor Wand& N SYRACUSE UTICA ''BOSTON .4LRANY¢. gMHF.RST manatee ROCHEST 1K PRTSFIELDO O OSFRINGFIELD (PROV'DiN(E >NEWPORT USKEGON G'HPE FORD O U GR D RAPIDS N1 P5' POUGHKEEPSIE, ?1 LANSING DETROIT O f AJleghrny / Wa11kiP. River NWR C, N Delaware Water Gap MRN BATTLE Mnrnsto'�vn NHPIaJ O NEW YORK CREEK CITY „ OTOLLDC OQEVELA E' T*cFN—TON WASHINGTON-ROCHAiL�18EAU O S`.�\L REVOLUTIONARY ROUTE AKRON �" NATIONAL HISTORIC TRAIL. PITTSBURGH *'HARRISBURG ,JIndependence NHP PHILADELPHIA WILMINGTOPI H GERSTOWN •14 � O - c(AutdBUS •i F>�[ImME OJMBEP ANO ! Harpers' Chess{+ k Ferr INDIANAPOLIS O and Oh NH c-.� ANNAPOI I.. OAYTON Canal NHP —B; R WAS NGTON, D C. Wayne W e"91ton �'s -—'-ST.AR-SPANGLES BANNER NF - PKwv'� 7B NATSONAL. HISTORIC 7RAFL, CINCINNATI ShenalRl h -� d Pro ect Area P17��>POTOMAC HERITAGE Ohm fttver & A L - C' NF O NAI`eJNAI_ SI;"E30i[ TRAIL Kande NWR �•r�'Qv �W'IC.I tASBURG RICHMOND 12 7 FRANKFORT .`�ti 2p !eNersor Q• 1s NF p _ O O V!RGINIA PIROANOKE gyp I BEACH NORFOLK O 2 See inset map belo- ABINGDONp ^. 0e WINSTON IL E lOHN50N CITO�PITNQQ . yin CLKIN OALEM RA.LF.IGH Cherokee �' M RGANTON tHVIL E , v CAPTAIN JOHN SMITH CHESAPEAKE Gmat sr roKy OVERMOUNTAIN VICTORY Mol ntahms NP °J t NATIONAL HISTORIC TRAIL tr�MURFREEseoRr ��NATIONAL HISTORIC TRAIL SGWnes RtvwV _ OCHARLOTFE /J NB Cherokr,• NF dJantah,.le 0V*' Kings Mnontafr, 'Qrrah'4 Cmvoens • OCL EVEIAHD �' W Nb NMP I B (MORE OCHATTANOOGP OMER Chickamauga and 4+ C'hana�� chee 16 ,p2 � HUNTSVR:LE ChaVa..aggh () 41111IP.: NNAPOLIS • ® COLUMBIA 11r WAS fNGTON, D.G. Wheeler NWR t4tiS>1i ATLANTA O CHAKLE`1'UN -n :j `VIRGINIA. 9A" BEACH NORFOLK ISI MAP SCALE 1" = 500' 0 0 500 1000 —� FEET METE D PANEL 0204D —� FIRM m FLOOD INSURANCE RATE MAP ® FREDERICK COUNICY, M VIRGINIA m AND INCORPORATED AREAS PANEL 204 OF 375 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) NORTHWEST RETAIL BOULEVARD ERN 4 m CONTAINS: PIKE COMMUNITY NUNIeER PANEL SUFFIX FREDERICK COUNTY 510083 0:?04 D WINCHESTER. CITY OF 510173 0204 D A /ZONE N 0 9�< Notice to User: Tne Map Number shown below should be Q used when placing map orders; the Community Number shown abov¢ shoultl be used on Insurance applications for the subject Community. MAP NUMBER z 51069CO204D ® 4 EFFECTIVE DATE `9Ha 5" SEPTEMBER 2, 2009 Q Project ,4rea 3 Federal Emergency ManagemhntAgency This is an official copy of a portion of the above referenced flood map. It was extracted using F-MITOn-Line. This map does not rafect changes or amendments which may have been made subsequent to the date an the JOINS PANEL 021 title block. For the latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www. msOfema.gov ATTACHMENT D — MAPS FEMA Floodplain Map Critical Habitat Map National Scenic and Trails Map T -Squared Site Services, LLC RESCi MVV FCC NEPA Summary Report AMHERST / 15149 SM/2017 NOTICE OF ORGANIZATION(S) WHICH, WERE SENT PROPOSED TOWER CONSTRUCTION W__ rICATION INFORMATION -Email ID #5204 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Ground Elevation: 258.2 meters Support Structure: 59.4 meters above ground level Overall Structure: 60.7 meters above ground level Overall Height AMSL: 318.9 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic mail form located on the FCC's website at: http://wireless.fcc.gov/outreach/notification/contact-fcc.html. You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8 a.m. to 7:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission https://apps.rackspar-e.comtversions/webmaiI/12.9.1-RC/popup.php?wsid=07ael82a86ebabb8c8625589fdl l Of5ddb329ab3ttl496167778014 6/6 5/30/2017 NOTICE OF ORGANIZATION(S) Vn.-.. H WERE SENT PROPOSED TOWERCONSTRUCTIO,...dOTIFICATION INFORMATION -Email ID #5204... with a Submission Packet pursuant to Section VII.A of the NPA. 9. Environmental Review Coordinator Renee GledhillEarley - NC State Historic Preservation Office - 4617 Mail Service Center Raleigh, NC - renee.gledhill-earley@ncmail.net - 919-733-4763 10. Deputy SHPO David Brook - Historic Preservation Office - 4610 Mail Service Center Raleigh, NC - david.brook@ncmail.net - 919-807-7283 11. 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 12. 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 13. Deputy SHPO Susan Pierce - West Virginia Division of Culture & History, Historic Preservation Office - 1901 Kanawha Boulevard East Charleston, WV - susan.pierce@wvculture.org - -- 14. Director Julie Langan - Virginia Department of Historic Resources - 2801 Kensington Avenue Richmond, VA - VASHPO_FCC@dhr.virginia.gov - 804-367-2323 "Exclusions" above set forth language provided by the Tribal Nation or SHPO. These exclusions may indicate types of PTC wayside pole notifications that the Tribal Nation or SHPO does not wish to review. 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 falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. Exclusions may also set forth policies or procedures of a particular Tribal Nation or SHPO (for example, types of information that a Tribal Nation routinely requests, or a policy 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 opened and reviewed an electronic or regular mail notification. If you learn any of the above contact information is no longer valid, please contact the FCC. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 05/22/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 28.1 sec N Longitude: 78 deg 12 min 47.5 sec W Location Description: 2275 Northwestern Turnpike City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 https://apps.rackspace.com/versions/webmail/12.9.?-RC/popup.php ANsid=07ae182a86ebabb8c8625589fd11 OF5ddb329ab3#1496167778014 516 5/30/2017 NOTICE OF ORGANIZATION(S) WHICh WERE SENT PROPOSED TOWERCONSTRUCTION Nu. jrICATION INFORMATION -Email ID 115204... The Shawnee Tribe has developed streamlined consultation procedures for cell tower developers and their subcontractors. If you do not have a copy of the procedures - most recently updated on 14 7anuary2008 - please contact us, as you must follow these procedures to consult with us on cell tower projects. Call us at 918-542- 2441 or fax us at 918-542-9915. It is the tower builder's responsibility to make sure that you have our most recent consultation ;procedures. PLEASE DO NOT SEND US INFORMATION, QUERIES, OR COMMENTS ELECTRONICALLY. SINCE 1 DECEMBER 2005, WE HAVE NOT HANDLED ANY CELL TOWER CONSULTATION, INQUIRIES, OR CORRESPONDENCE VIA E-MAIL. 8. THPO and Executive Director Dr. Wenonah G Haire - Catawba Indian Nation - 1536 Tom Steven Road CIN-THPO Rock Hill, SC - wenonahh@ccpperafts.com - 803-328-2427 Details: The Catawba Indian Nation Tribal Historic Preservation Office requests that you send us by regular mail the following information needed to complete our research for your proposed project (including ALL Positive Train Control (PTC) projects and Collocations): Project Name, Project Number 1. The name, complete address, phone number, fax number and e-mail address of the project manager. 2. The project location plotted on a topo map. 3. The project name, address and location; street or highway, city, county, state. 4. A brief description of the proposed project. Please include the size of the proposed project site and the size of the area where ground -disturbing activities will be taking place and the type of disturbance anticipated. 5. A brief description of current and former land use. We do not need detailed information or photographs of historic structures in the project area. 6. A list of all recorded archaeological sites within one half (1/2) mile of the project area. 7. A list of all eligible and potentially eligible National Register of Historic Places sites within one half (1/2) mileof the proposed project area. 8. If there has been an archaeological survey done in the area, a copy of that report. 9. It is not necessary to send original color photos if you can provide high-resolution color copies. 10. A letter of concurrence from the appropriate State Historic Preservation Office. If you use the FCC Form 620, please do not send Attachments 1 through 6. They are not necessary for our determination. Please note: Our research/processing fee is $400.Please send these requested materials in HARD COPY format. Send to: CIN-THPO 1536 Tom Steven Road Rock Hill, S.C. 29730 The information 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), https://apps.rackspace.com/versioris/webmaiI/12.9.-RC/popup.php?wsid=07ael82a86ebabb8c8625589fdllOf5ddb329ab3/1149616T.78014 4/6 5/30/2017 NOTICE OF ORGANIZATION(S) W, „CH WERE SENT PROPOSED TOWERCONSTRUCTION r1OTIFICATION INFORMATION -Email ID #5204... a) TCNS number b) Company name c) Project name, city, county, state d) Project type e) UTM coordinates using WGS84 (G1150) f) Total area surveyed in acres g) Contact information. 2. Professional cultural/archaeological resource survey report, 3. Aerial and color USGS topographic maps locating project area within the state, county, and local area. 4. Aerial, color USGS topographic, or planimetric maps locating tower site, APE, access road, utility easement,guy wire locations surveyed, surveyed staging areas, and known archaeological/historic sites. 5. Project site plan map depicting labeled shovel test locations. 6. Shovel test log. 7. Site photographs. 8. A copy of the review letter or TCNS e -response from the State Historic Preservation Office and all other state -mandated review offices for projects involving ground disturbance. 9. Please submit a fee of $550.00 per/TCNS project, for administration, data processing, handling, research and review. Make the check payable to the Eastern Shawnee Tribe of Oklahoma. On the memo line write all TCNS numbers. This includes new build towers, collocations, PTC poles, and projects in previously disturbed locations. 10.The Eastern Shawnee procedure document is available by email and is highly recommended for guidance. Send an email to Travis Patton at: tpatton@estoo.net. 7. THPO Kim Jumper - Shawnee Tribe - 29 South 69A Highway Miami, OK - kimjumper@shawnee-tribe.com - 918- 542-2441 Details: THIS IS YOUR OFFICIAL NOTICE THAT THE SHAWNEE TRIBE IS INTERESTED IN CONSULTING ON ALL PROJECTS BUILT IN OUR AREAS OF GEOGRAPHIC INTEREST. ATTENTION, NEW INFORMATION: Our procedures were updated on 14 January 2008. Please call Kim Jumper, THPO, at 918-542-2441, so that she can send you a copy. If your tower is a co -location, please fax us this information to let us know. We cannot always tell from the TCNS web site that a tower is a co -location. We require a written response from you to let us know that it is a co -location. If a co -location project includes some new ground disturbance (such as from an expanded compound or access road, or construction of an ancillary structure), the Shawnee Tribe treats such a project the same as any other non co -location project. Our correct mailing/physical address is: 29 South Highway 69A. Our correct phone number is (918-542-2441) and our historic preservation fax line is (918-542-9915). THPO Kim Jumper manages all cell tower consultation. As of 26 June2006, all of the faxed responses of our final comments on a tower site will contain an original Shawnee Tribe signature. Each final comment fax is signed individually. Copies may be compared, for authentication, .against the original in our files.If afinal comment fax does not contain a signature, it is not valid. ALL FINAL COMMENTS FROM THE SHAWNEE TRIBE ARE WRITTEN; FINAL COMMENTS ARE NEVER PROVIDED VERBALLY. IF THE SHAWNEE TRIBE IS CREDITED WITH HAVING GIVEN A VERBAL RESPONSE, THAT RESPONSE IS NOT VALID. If you receive notification through the TCNS listing the Shawnee Tribe, that is an indication that the Shawnee Tribe is interested in consulting on the tower for which that notification was received. Please consider that our official indication of interest to you. The Shawnee Tribe considers the Tower Construction Notification System's weekly e-mail to be the first notification that we receive that a tower will be constructed in an area of our concern. We do not view the TCNS notificationas completion of 106 consultation obligations. hfps://apps.rackspace.com/versions/webmaiI/12.9.1-RC/popup.php?nrsid=07ael82a86ebabb8c8625589fd110F5ddb329ab3#1496167'78014 316 5/30/2017 NOTICE OF ORGANIZATION(S) WHIG—vVERE SENT PROPOSED TOWERCONSTRUCTION N� _.f�ICATION INFORMATION -Email ID #5204... 3. TCNS Rep Bryan Printup - Tuscarora Nation - 5226 Walmore Rd Via: Lewiston, NY - bprintup@heft.org - 716-264-6011 (ext: 103) Details: If the Applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification through TONS, the Tuscarora Nation has no interest in }participating in pre -construction review for the site. The Applicant/tower builder, however, must IMMEDIATELY notify the Tuscarora Nation in the event archaeological properties or human remains are discovered during any phase of ground disturbances with the project. In no way does this response affect the sovereignty of the Tuscarora Nation. 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 Details: The Bad River Tribe is interested in projects with ground disturbance, only. This includes projects on previously disturbed soils. The Bad River Tribe's fee to process requests is $650.00 per request. The Bad River Tribe's Section 106 ConsultationProcedures have been updated as of April 3, 2017. 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. S. Gwen Terrapin - Cherokee Nation - (PO Box: 948) Tahlequah, OK - historicpreservation@cherokee.org; gwen-terrapin@cherokee.org - 918-772-4165 Details: In an effort to expedite the TCNS process, on March 24, 2017, the Cherokee Nation has updated their FCC Telecommunication Procedures. If you have not received a copy of the updated TP's please contact the TCNS Coordinator at historicpreservation@cherokee.org Wado, Cherokee Nation 6. TCNS Coordinator Travis Patton - Eastern Shawnee Tribe of Oklahoma - 70500 East 128 Road Wyandotte, OK - tpatton@estoo.net - 918-666-2435 (ext: 1860) Details: The Cultural Preservation Office of the Eastern Shawnee Tribe of Oklahoma requires the following information and fees regarding all proposed FCC projects. Please do not email documentation; it will be deleted without being opened. Mail one printed color copy of all documentation to: 70500 E 128 Rd. Wyandotte, OK 74370 Please submit by US postal mail or other parcel carrier all of the following information for all FCC projects: 1. A 1 -page cover letter with the following information: https://apps.rackspace.com/versions/webmail/12.9.:-RC/popup.php?wsid=07ael82a86ebabb8c8625589fdllOf5ddb329ab3##496167778014 216 5/30/2017 NOTICE OF ORGANIZATION(S) V, --,;H WERE SENT PROPOSED TOWERCONSTRUCTIG, .,40TIFICATION INFORMATION - Email ID #5204... NOTICE OF ORGANIZATIONS) WHICH WERE SENT PROPOSED TOWERCONSTRUCTION NOTIFICATION INFORMATION - Email ID #5264961 From: towernotifyinfo@fcc.gov Sent: Fri, May 26, 2017 at 3:02 am j_ : tens@rescom.org Cc: Jessica.Hynosky@fcc.gov, diane.dupert@fcc.gov Dear Sir or Madam: 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 information 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). Persons who have received the information 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 information you provided was forwarded to the following Tribal Nations and NHOs. If a 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 Declaratory Ruling released on October 6, 2005 (FCC 05-176). 1. THPO Bonnie McGhee - Crow Creek Sioux Tribe - (PO Box: 286) Fort Thompson, SO - CCSTFCCTCNS@outlook.com; bonniestjohn1968@gmail.com - 605-245-2221 Details: Crow Creek Tribal Historic Preservation Officer Bonnie McGhee TCNS email submissions CCSTFCCTCNS@outlook.com 2. Cultural Resources Director Kim Penrod - Delaware Nation - 31064 State Highway 281 (PO Box: 825) Anadarko, OK - kpenrod@delawarenation.com; jross@delawarenation.com - 405-247-2448 Details: The Delaware Nation located in Anadarko,Oklahoma charges a $1000 administrative fee for the review of ALL NEW projects. (Change Effective 2015 with Resolution # 2015-014 ). Send fee payable to the Delaware Nation in the form of a check or money order. All Collocations projects for review by the Delaware Nation must pay the $500 fee. Please note that the Delaware Nation and the Delaware Tribe of Indians ARE NOT the same entity.. Send all correspondence for the Delaware Nation to: The DelawareNation ATTN: Cultural Resources/106 Department P.O. Box 825 31064 State Hwy 281 Anadarko, OK 73005. h�ps:i,,apps.rackspace.com/versionsAvebmaiI/12.9.:-RC/popup.php?wsid=07ael82a86ebabb8c8625589fd110f5ddb329ab3#1496167778014 1/6 5/2212017 . 4 Proposed Tower Structure Info - Email ID #5202291 Proposed Tower Structure Info - Email ID #5202291 From: towernotifyinfo@fcc.gov Sen*: Mon, May 22, 2017 at 4:51 pfn T o: tcns@rescom.org Dear Andrew Smith, Thank you for submitting a notification regarding your proposed construction via the Tower Construction Notification System. Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received: 05/22/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 28.1 sec N Longitude: 78 deg 12 min 47.5 sec W Location Description: 2275 Northwestern Turnpike City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Ground Elevation: 258.2 meters Support Structure: 59.4 meters above ground level Overall Structure: 60.7 meters above ground level Overall Height AMSL: 318.9 meters above mean sea level https:llapps.rackspace.com/versions/webmaii/12.9.1-RC/popup.php?wsid=81718602f3db72aa461673fdbgaf6lccb97e6378#1495486444230 1/1 5129/2017 r,Oy to Proposed Tower Structure (Notification ID: 155703) - ,nai11D #5212378 City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. -GROUND DISTURBANCE WILL.00CUR. Ground Elevation: 258.2 meters Support Structure: 59.4 meters above ground level Overall Structure: 69.7 meters above eround level Overall Height AMSL: 318.9 meters above mean sea level https://apps.rackspace.com/versions/webmai1/12 9. 41-RC/popup.php?wsid=2c4bel 34ca7acf293o409886d00e3o59t7Y2da9c#1496111694338 2/2 5/29/2017 Repi)-o Proposed Tower Structure (Notification ID: 156703) - Ernb—j #5212378 Reply to Proposed Tower Structure (Notification ID: 156703) - EmaiiID #5212378 Fror-r towernotifyinfo@fcc.gov Sent: Fri, May 26, 2017 at 1:35 pm To: tcns@rescom.org C. tcns.fccarchive@fcc.gov Dear Andrew Smith, Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from THPO Kim Jumper of the Shawnee Tribe in reference to Notification ID #156703: The Shawnee Tribe has recently implemented a new website for tracking cell towers. This site was created to streamline the Tribe's consultation system and make it easier to receive information as well as generate responses in a more efficient manner. There will be a 30 day transition period following the full implementation of this system, where paper and email projects will still be accepted. However, vendors using these methods will need to transition to the website format within the 30 day period. After the 30 day transition period has expired paper and email projects outside of the website will no longer be accepted. All FCC TCNS cell tower numbers will be housed on this site. The requested information for each tower type will need to be uploaded to this website in order to receive a consultation response from the Tribe. You can get to the Shawnee Tribe Cell Tower Consultation System by going to http://shawnee.culturalcompliance.com/ . In the left side menu, you can view our Policies and Procedures, a list of Geographical Areas of Interest, FAQ, Section 106 Help, as well as an Instructions Manual on how to use the website. To sign up for an account you will need to select the Sign Up option from the left side menu, complete your information, and click Save. An administrator will receive an alert that you have signed up. Once you are approved to login in, you will receive an email which says Vendor Login Approved and at that time, you can begin using the online tower consultation system. Click this link to get signed up now. Sign Up If there are questions concerning the consultation process, function of the website, or other issues, please contact Kim Jumper, TCNS Administrator, at kim.jumper@shawnee-tribe.com or 918- 542-2441. For your convenience, the information you submitted for this notification is detailed below. Notification Received: 05/22/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 28.1 sec N Longitude: 78 deg 12 min 47.5 sec W Location Description: 2275 Northwestern Turnpike https://apps.rackspace.com/versionstwebmaiI/12. RC/popup.php?wsid=2c4be134ca7acf293c4o9886dooe3o59t7f2da9c#1496111694338 1/2 5/27/2017 . , fly to Proposed Tower Structure (Notification ID: 156703) - —411D #5207267 Reply to Proposed Tower Structure (Notification ID: 156703) - EmailID #5207267 From: towernotifyinfo@fcc.gov Sent: Wed, May 24, 2017 at 6:58 am C.: tcns@rescom.org Dear Andrew Smith, Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from THPO Bonnie McGhee of the Crow Creek Sioux Tribe in reference to Notification ID #156703: We have an interest in this site and would like the applicant to contact us. Bonnie McGhee 605-881-1227 We have an interest in the proposed project. Please email us for our review procedures. ccstfcctcns@outlook.com For your convenience, the information you submitted for this notification is detailed below. Notification Received: 05/22/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 28.1 sec N Longitude: 78 deg 12 min 47.5 sec W Location Description: 2275 Northwestern Turnpike City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Ground Elevation: 258.2 meters Support Structure: 59.4 meters above ground level Overall Structure: 60.7 meters above ground level Overall Height AMSL: 318.9 meters above mean sea level https://apps.rackspace.com/versions/webmai1/12.9.1-RC/popup.php?wsid=e22aa2e988tba1035c94626473d8b7c543ab4964#14959394315T 1/1 r October 4, 2017 Ms. Kim Penrod, Cultural Preservation Director Delaware Nation PO Box 825 Anadarko, OK 73005 RE: INVITATION TO COMMENT UNDER SECTION 106 TCNS ID: 156703 Amherst Tower 108 Stonewall Dr. Winchester, VA 23221 Dear Ms. Penrod, RESCOM Environmental Corp (RESCOM) was retained by Mobilitie to complete Section 106 Compliance as delegated by the FCC and outlined in 36 CFR Part 800 for the above referenced project. Mobilitie proposes the construction of a small cell telecommunications pole at the above referenced address. In accordance with Mobilitie's earlier communications via the FCC Tower Construction Notification System, Mobilitie and RESCOM respect the sovereign status of your Tribe and are writing to outline the project. Enclosed for your review are maps and project drawings regarding the proposed project. An archaeological survey was not conducted as the proposed project is within existing disturbed road right-of-way. Except to the extent that we have agreed otherwise, the `Voluntary Best Practices for Expediting the Process of Communications Tower and Antenna Siting Review' provides that your Tribe should evaluate this submission and respond in writing with an opinion of interest or no interest. If you do not believe that all of the agreed upon materials have been enclosed, or if you have any other questions, please contact our office immediately so that we can reach a satisfactory resolution as soon as possible. We appreciate your assistance in this matter. Please do not hesitate to contact us if you have any questions or comments. Sincerely, RESCOM Environmental Corporation f Andrew Smith, Project Manager 260-385-6999 tcns(arescom.orq RESCOM 1611008 RESCOM Environmental Corp. • P.O. Box 5516 • Fort Wayne, IN 46895 Phone: (260) 385-6999 • Fax: (231) 487-0726 www.rescom.org 10/12/2017 Confi—otion - Referral of a Proposed Tower ConstructionNotificauon - Email ID #5429597 Confirmation - Referral of a Proposed Tower ConstructionNotification - Email ID #5429597 Fr,orrl: towernotifyinfo@fcc.gov Sent: Wed, Oct 4, 2017 at 11:59 am To. tcns@rescom.org Dear Andrew Smith, Your referral of a proposed tower structure notification has been successfully submitted via the Tower Construction Notification System. The Federal Communications Commission (FCC) will be processing this referral for purposes of contacting federally recognized Indian Tribes, including Alaska Native Villages, and Native Hawaiian Organizations as specified by Section IV.G of the Nationwide Programmatic Agreement and the Declaratory Ruling of October 6, 2005. You will receive a Proposed Construction of Communications Facilities Notification of Final Contacts when the FCC has completed processing this referral. Below are the details you provided in the referral of the tower you have proposed to construct: Notification Received: 05/22/2017 Notification Referred: 10/04/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 18.7 sec N Longitude: 78 deg 12 min 27.7 sec W Location Description: 108 Stonewall D\r City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Ground Elevation: 258.2 meters Support Structure: 59.4 meters above ground level Overall Structure: 60.7 meters above ground level Overall Height AMSL: 318.9 meters above mean sea level Entities Who Have Not Responded: Delaware Nation First Contact Date: 05/24/2017 Second Contact Date: 08/25/2017 "Note that the FCC will assign a unique Notification ID number for a site where the initial contact was not made through TCNS. You will need to reference this Notification ID number when you update your project's Status with us. atps:i?apps.rackspace.com/versions/webmaii/12.9.5-RC/popup.php?wsid=207d88b5fb4291476575b2e694cb6bb4780002c5#1507806883131 1 /1 10/31/2017 Proposed Com,—tction of Communications Facilities Notification ofFinal C— acts - Email ID #20628 Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158547 Referred Date: 10/04/2017 Location: 1701-1799 Sky Lark Ln, Houston., TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158688 Referred Date: 10/04/2017 Location: 9913 Cypresswood Dr, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma LEGEND: * - Notification numbers are assigned by the Commission staff for sites where initial contact was not made through TCNS. https://apps.rackspace.com/versions/webmaiI/12.9.6-RC/popup.php?wsid=58c6cfa6c8615acel0c2f9b12e6a9f75381f9680#1509473149983 4/4 10/31/2017 Proposeo ..,nstruction of Communications Facilities Notification ofFi--Contacts - Email ID #20628 TCNS# 153362 Referred Date: 10/04/2017 Location: 330-3394 Rauch St, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 156496 Referred Date: 10/04/2017 Location: 1436-1544 W 79th St, Indianapolis, IN Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Wyandotte Nation Tribe Name: Delaware Nation Tribe Name: Peoria Tribe of Indians of Oklahoma TCNS# 158047 Referred Date: 10/04/2017 Location: 10500-10616 Town and Country Way, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158057 Referred Date: 10/04/2017 Location: 7821-7855 W Tidwell Rd, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158546 Referred Date: 10/04/2017 Location: 2300 McCue Rd, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158548 Referred Date: 10/04/2017 Location: 1849-1867 Post Oak Blvd, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158554 Referred Date: 10/04/2017 Location: 5062-5198 W Alabama St, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158786 Referred Date: 10/04/2017 Location: 9706 Business Pkwy, Helotes, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 157985 Referred Date: 10/04/2017 Location: Holman St @ Scott St, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 159129 Referred Date: 10/04/2017 Location: 14791-14799 Sommermeyer St, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158045 Referred Date: 10/04/2017 Location: 12524 Memorial Dr, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 158541 Referred Date: 10/04/2017 Location: 3000 Sage Rd, Houston, TX ht,ps://apps.rackspace.com/versionsAvebmail/12.9.6-RC/popup.php?mid=58c6cfa6c8615acelOc2fgbl2e6a9f7538lf9680#1509473149983 3/4 10/31/2017 Proposed Constrdction of Communications Facilities Notification ofFinal Cop.,acts - Email ID #20628 Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Wyandotte Nation Tribe Name: Peoria Tribe of Indians of Oklahoma TCNS# 156703 Referred Date: 10/04/2017 Location: 108 Stonewall D\r, Winchester, VA Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Tribe Name: Delaware Nation TCNS# 158044 Referred Date: 10/04/2017 Location: 20101-20125 Smithfield Crossing, Katy, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 156005 Referred Date: 10/04/2017 Location: 13940 Tireman Road, Detroit, MI Detailed Description of Project: Construction of a monopole in a grassy area with a 33 ft x 100 ft compound. GROUND DISTURBANCE WILL OCCUR. Tribe Name: Wyandotte Nation Tribe Name: Huron Potawatomi Tribe Name: Saginaw Chippewa Indian Tribe of Michigan Tribe Name: Hannahville Indian Community TCNS# 158539 Referred Date: 10/04/2017 Location: 2840 McCue Rd, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 156486 Referred Date: 10/04/2017 Location: 3300-3350 Elmira St, Indianapolis, IN Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Delaware Nation Tribe Name: Wyandotte Nation Tribe Name: Peoria Tribe of Indians of Oklahoma TCNS# 156682 Referred Date: 10/04/2017 Location: 300-306 Grant St, Youngtown, OH Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Wyandotte Nation Tribe Name: Onondaga Indian Nation Tribe Name: Peoria Tribe of Indians of Oklahoma TCNS# 158761 Referred Date: 10/04/2017 Location: 1322 Fernando Guerra, San Antonio, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 156879 Referred Date: 10/04/2017 Location: 6104-6198 Winsome Ln, Houston, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 157441 Referred Date: 10/04/2017 Location: 1646 N Green St, Detroit, MI Detailed Description of Project: Tribe Name: Hannahville Indian Community Tribe Name: Wyandotte Nation Tribe Name: Huron Potawatomi Tribe Name: Saginaw Chippewa Indian Tribe of Michigan https://apps.rackspace.com/versionsAvebmail/12.9.6-RC/popup.php?wsid=58c6cfa6G8615acelOc2f9bl2e6a9f7538lf9680#1509473149983 2/4 10/31/2017 Proposed L_ ostruction of Communications Facilities Notification ofFin-, Contacts - Email ID #20628 Proposed Construction of Communications Facilities notification ofFinal Contacts - Email ID #20628 Frons towernotifyinfo@fcc.gov Sent: Thu, Oct 5, 2017 at 9:02 am o� tcns@rescom.org C.: tcnsweekly@fcc.gov Mobilitie Andrew Smith P.O. Box: 5516 Fort Wayne, IN 46895 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 recent Declaratory Ruling (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 09/28/2017 and 10/05/2017. Our contact with these Tribal Nations or NHOs was sent on 10/05/2017. Thus, as described in the Declaratory Ruling (2), if you or Commission staff do not receive a statement of interest regarding a particular project from any Tribe or NHO within 20 calendar days of 10/05/2017, your obligations under Section IV of the NPA with respect to these Tribal Nations or NHOs are complete(3). If aTribal Nation or NHO responds that it is interested in participating within the 20 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(4). 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 Acting Federal Preservation Officer Federal Communications Commission jill.springer@fcc.gov 1) See Clarification of Procedures for Participation of Federally Recognized Indian Tribes and Native Hawaiian Organizations Under the Nationwide Programmatic Agreement, Declaratory Ruling, FCC 05-176 (released October 6, 2005) (Declaratory Ruling). 2) Id S 8-10. 3) We note that, under the Declaratory Ruling, an expression of interest by an Indian Tribe or NHO addressed solely to the Commission staff during the 20 -day period is sufficient even if it does not contact the Applicant. 4) Id at S 11. LIST OF PROPOSED COMMUNICATIONS TOWERS TCNS# 158762 Referred Date: 10/04/2017 Location: 121-199 S Park Blvd, San Antonio, TX Detailed Description of Project: A utility pole to be placed in existing disturbed road right of way Tribe Name: Apache Tribe of Oklahoma TCNS# 154644 Referred Date: 10/04/2017 Location: 1901 E 10th St, Bloomington, IN :ttps:Liappz-.rackspace.com/versions/Webmail/12.9.6-RC/popup.php?wsid=58c6cfa6c8615ace10c2f9b12e6a9f75381 f9680#1509473149983 1/4 10/9/2017 TCNS RESPONSES https://apps.rackspace.comlversionslwebmaiII12.9.5-RC/popup.php?wsid=cf93804542ld5a637d254c25d79949ff6b8acd51#150759626782; 2/2 10/9/2017 TCNS RESPONSES TCNS RESPONSES From: Kim Jumber c,nt: Wed, Sep 20, 2017 at 4:08 pm To: tcns@rescom.org image001.jpg (185 KB) image002.jpg (5.3 KB) — Download all 150008 150009 150013 152400 152427 152428 152429 152433 152536 152784 152785 152849 152910 152912 154260 154565 154606 154641 154647 154648 154650 154651 155160 155168 156491 156501 156540 156546 156569 156676 156870 156871 157642 156703 157441 156005 157601 157602 157603 157604 157605 157606 157608 157609 157994 158011 158012 159122 154248 154270 156483 156484 156488 156490 156531 156534 156556 156877 157406 157599 157600 157365 157607 150987 150988 152906 153122 153123 153125 153161 153200 153206 The Shawnee Tribe is satisfied with efforts conducted to be sure that no Shawnee Tribe historic properties or other cultural resources will likely be adversely affected by construction and use of this tower. The Shawnee Tribe is not currently aware of any specific Shawnee Tribe cultural or historic sites in this project area. We therefore offer no objection to the proposed construction. Because this tower lies in the homelands of the Shawnee Tribe, in the event that archaeological materials, including human remains, are discovered during construction or later ground -disturbing activities at this location, please re -open consultation at that time by contacting Kim Jumper at kim.jumper@shawnee-tribe.com or 918-542-2441. Similarly, if plans are considered to expand or modify this tower and cause additional ground disturbance in the future, please let us know. Please forward our concerns regarding any such future work and unanticipated discoveries, as well as our contact information, to the appropriate parties. We urge everyone involved with tower development to construct and maintain their projects in keeping with best practices for minimizing environmental impact - particularly on species, such as birds and bats, who might incur negative impacts from tower development and use. Please also re -vegetate with species native to the area. We appreciate your efforts to consult with us. Regards, Kim Jumper, THPO Shawnee Tribe h.t,�-:.I!apps.rackspar-e.com/versions/webmail/I 2.9.5-RC/popup.php>wsid=cf938045421 d5a637d254c25d79949ff6b8acd51 #1507596267821 112 s4 �°EASTERN SHAWNEE TRIBE g � OF OKLAHOMA 12755 S. 705 Road, Wyandotte, OK 74370 Bluejacket' Building (918)'666-2435, Tax: 888-971-3905 RESCOM Environmental Corp. ATTN: Andrew Smith PO Box 361 Petoskey, MI 49770 RE: Cell Tower Project Amherst Tower, Winchester, --- County, VA TCNS 156703 October 3, 2017 Dear Mr. Smith, The Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma (ESTO) has received the documentation for RESCOM Environmental Corp.'s proposed telecommunications project, Amherst Tower, located at UTM Zone n/a, n/a m E, n/a m N (WGS84) in/near Winchester in --- County, VA. ESTO has reviewed the project, TCNS 156703, in accordance with Section 106 of the National Historic Preservation Act (NHPA). Based on the information provided and a review of our records, we find that this project will have No Effect on properties of sacred and/or cultural significance to the Tribe. The project site is within the known regional area of the Shawnee prehistorically and historically, be aware of inadvertent discoveries. However, ESTO has no objection to the project proceeding as described. Please note that any future changes to this project will require additional consultation. In accordance with the NHPA of 1966 (16 U.S.C. § 470-470w-6), federally funded, licensed, or permitted undertakings that are subject to the Section 106 review process must determine effects to significant historic properties. As clarified in Section 101(d)(6)(A-B), historic properties may have religious and/or cultural significance to Indian Tribes. Section 106 of NHPA requires Federal agencies to consider the effects of their actions on all significant historic properties (36 CFR Part 800) as does the National Environmental Policy Act of 1969 (43 U.S.C. § 4321-4347 and 40 CFR § 1501.7(a). This letter evidences NHPA and NEPA historic properties compliance pertaining to consultation with this Tribe in regard to the proposed project referenced as Amherst Tower, TCNS 156703. However, if during construction cultural objects or human remains are inadvertently discovered, please stop work immediately and contact the Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma. Thank you for consulting with the Eastern Shawnee Tribe of Oklahoma. Glenna J. Wallace Chief Eastern Shawnee Tribe of Oklahoma FOR QUESTIONS OR ADDITIONAL INFORMATION, PLEASE CONTACT: TRAVIS PATTON TPATTO N P ESTOO. N ET 918-666-5151 x1860 9/13/2017 FW: TCNS 156379 156005 156703 From:: Andrew Smith Seat: Thu, Sep 7, 2017 at 3:08 pm To: tcns@rescom.org FW: TCNS 156379 156005 156703 From: Montana Associates[ma ilto:ccstfcctcns@outlook. com] Sent: Wednesday, September 6, 2017 9:52 PM To: andrew.smith@rescom.org Subject: TCNS 156379 156005 156703 Hello, The Crow Creek Sioux Tribe & Montana & Associates have reviewed TCNS 156379 156005 156703 Thank -you for the necessary documentation for us to review your proposed project. We have no issues with any historic properties within the APE that we have affiliation to. Please contact us in the event the ground disturbance inadvertently uncovers human remains and or archaeological/cultural material. Should any changes in the project be made please notify this office of the changes before further project planning continues. Thank -you. Montana & Associates LLC N12923 North Prairie Rd Osseo, WI 54758 https://apps. rackspace.com/versions/webmaiI/12.9.5-RC/popup.php?wsid=c69c8c6ecc3Oe4ee3403bf385efO968e5d499275#1505325997261 1! 11/3/2017 Reply._ Jroposed Tower Structure (Notification ID: 156703) - Ery.. ..D #5469342 Overall Structure: 60.7 meters above ground level Overall Height AMSL: 318.9 meters above mean sea level https://apps.rackspace.com/versionstwebmaiI/12.9.6-RC/popup.php?wsid=29a86f7a9302380759cf3c3efa75f9elfeed00bd#1509733583513 212 11/3/2017 t. ,iy to Proposed Tower Structure (Notification ID: 156703, :maillD #5469342 Reply to Proposed Tower Structure (Notification ID: 156703) - EmailID #5469342 Froj! towernotifyinfo@fcc.gov Sent: Thu, Nov 2, 2017 at 2:48 pm To: tons@rescom.org J..-_. tcns.fccarchive@fcc.gov, historicpreservation@cherokee.org, gwen-terrapin@cherokee.org Dear Andrew Smith, Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from Gwen Terrapin of the Cherokee Nation in reference to Notification ID #156703: The Cherokee Nation has reviewed tower project TCNS No. 156703, located in Frederick County, VA, in accordance with 36 CFR §800.4, and does note the historic properties in the vicinity of the project area. Cherokee Nation has cross referenced the project's legal description against our information and has found no instances where this project intersects or adjoins such resources. After reviewing all of the documents provided we have determined the project may proceed and there will be no adverse effect on the historic properties in area of potential effect, for both visual and direct effect. Furthermore, due to the historic presence of our people in the project area, inadvertent discoveries of human remains and related NAGPRA items may occur, even in areas of existing or prior development. Should this occur, we request all work cease and Cherokee Nation be notified immediately at (918) 772-4165. In such discovery, other appropriate agencies will need to be contacted immediately as well. Should you have any further questions, please do not hesitate to call. Wado, Cherokee Nation For your convenience, the information you submitted for this notification is detailed below. Notification Received: 05/22/2017 Notification ID: 156703 Tower Owner Individual or Entity Name: Shentel Consultant Name: Andrew Smith P.O. Box: 361 City: Petoskey State: MICHIGAN Zip Code: 49770 Phone: 260-385-6999 Email: tcns@rescom.org Structure Type: MTOWER - Monopole Latitude: 39 deg 11 min 18.7 sec N Longitude: 78 deg 12 min 27.7 sec W Location Description: 108 Stonewall D\r City: Winchester State: VIRGINIA County: FREDERICK Detailed Description of Project: Construction of a monopole tower off of an existing gravelled area in a new 105 ft x 75 ft fenced compound. GROUND DISTURBANCE WILL OCCUR. Ground Elevation: 258.2 meters Support Structure: S9.4 meters above ground level f:tt.Ds: laops.rackspace.com/versions/WebmaiI/12.9.6-RC/popup.php?wsid=29a86f7a9302380759cf3c3efa75f9e': feedOObd#1509733583513 1/2 Catawba Indian relation Tribal historic Preservation Office 1536 Tom Steven Road Rack Hill, Soutar Carolina 29730 Office 803-328-2427 Fax 803-3283791 September 22, 2017 Attention: Andrew Smith PESCOM Environmental Corp. P,O. Box 361 Petoskey, MI 49770 Re. THPO # TCNS # Project Description 2017-9-23 136703 Amherst Tower — 108 Stonewall Drive. Winchester.. VA 23221 Dear Mr. Smith, 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 Relative American artifacts and J 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 caglinh@ccpperafts.com. Sincerely, Wenonah G Haire I Tribal Historic Preservation Officer 156703 Amherst r1) CInrah-r Tribe TCNS Response Second Contact Letter Out Referral Date Sad River Band of Lake Superior Tribe of Chippewa No interest if no response in 30 days N/A N/A Catawba Indian Nation Requests additional information and research fee 8/25/2017 N/A Cherokee Nation Requests additional information and research fee 8/25+/2017 N/A Crow Creek Sioux Tribal Council Requests additional information and research fee 8/25/2017 N/A Delaware Nation Requests additional information and research fee 8/25/2017 10/4/2017 Eastern Shawnee Tribe of Oklahoma Requests additional information and research fee 8/25/2017 N/A Shawnee Tribe Requests additional information and research fee 8/25/2017 N/A Tuscarora Nation No interest if no response in 30 days N/A N/A 20 -Day Closeout -etter Final Response Completion Date \I/A cif/�, 6/26/2017 TA 9/22/2017 9/22/2017 WA 11/02/2017 11102/2017 WA 9/7/2017 9i7/2017 10/5/2017 N/A 10/25/2017 WA 10/03/2017 10/03/2017 WA 9/20/2017 9/20/2017 WA N/A 6/26/2017 ATTACHMENT C — TRIBAL CONSULTATION TCNS ID Number: 156703 Number of Tribes: 8 Date of TCNS Initiation: 5/22/2.017 Notice of Organizations Received: 5126/2017 See following Page for a Table of Consultation T -Squared Site Services, LLC �15� FCC NEPA Summary Report AMHERST / 15149 Printed 05/31/17 11:04 THE WINCHESTER STAR 2 NORTH KENT STREET PHONE: 540-667-3200 WINCHESTER VA 22601-5098 FAX: 540-542-0102 Advertisintp Payment Receipt Account number: 1708627 Credit Card #: ************5274 Account name: RESCOM ENVIROMENTAL CORP. Approval Code: 007140[60169156198] P.O. BOX 361 PETOSKEY MI 49770 Credit Holder Name: Phone number: Payment number: Payment date: Amount: Payment description: 260-385-6999 899266 05/31/17 92.50 6/3 LEGAL AD PMNT Ad Number: 1219772 Class Code: 107 Ad Taker: jln Salesperson: W45 First Words: PN 1611008 Notice of Initiation of the Section 106 Process: Public Participation Shentel proposes the construction of new monopole tower style telecommunication facilities at 2275 Northwestern Turnpike, Winchester, Frederick County, VA 22603. The proposed project includes a 130 to 150 -foot monopole tower in a fenced in lease area. Members of the public interested in submitting comments on the possible effects of the proposed projects on historic properties included in or eligible for inclusion in the National Register of Historic Places may send their comments to Andrew Smith, RESCOM Environmental Corp., P.O. Box 361, Petoskey, MI 49770 or call 260-385- 6999. REFERENCES CITED Anderson, David G. and Glen T. Hanson 1988 Early Archaic Settlement in the Southeastern United States: A Case Study from the Savannah River Valley. American Antiquity 53(2):262-286. Beverly, Robert and Charles Campbell 1855 The History of Virginia. J.W. Randolph. Richmond Virginia. Brose, David. S., C. Wesley Cowan, and R. C. Mainfort Jr. (editors) 2000 Societies in Eclipse: Archaeology of the Eastern Woodlands Indians, A.D. 1400-1700. Smithsonian Institution Press, Washington, D.C. Dincauze, Dena F. and Mitchell T. Mulholland 1977 Early and Middle Archaic Site Distributions and Habitats in Southern New England. Annals of the New York Academy of Sciences. 288:439-456. Dragoo, D. 1976 Some Aspects of Eastern North American Prehistory: A Review. American Antiquity 41:3-27. Eliot, Charles William 1909 American Historical Documents. The Harvard Classics. PF Collier & Son. New York. Emerson, T. E. 1999 The Langford Tradition and the Process of Tribalization on the Middle Mississippian Borders. Midcontinental Journal of Archaeology 24:3-56. Fagan, Brian M. 2000 Ancient North Americans: The Archaeology of a Continent. 3'a edition. Thames and Hudson, London, England. Fenneman, Nevin M 1946 Physical Divisions in the United States. U.S. Geological Survey. Fitting, J. E. 1965 A Quantitative Examination of Paleo-Indian Projectile Points in the Eastern United States. Papers of'the Michigan Academy of Science, Arts, and Letters 50:265-371. Griffin, James B. 1978 The Midlands. In Ancient North Americans, edited by J. D. Jennings, pp. 240-301. Freeman and Co., San Francisco, California. 10 Hough, :Franklin Benjamin 1872 American Constitutions. Weed, Parsons and Company, Albany, New York. Justice, Noel D. 1987 Stone Age Spear and Arrow Points of the Midcontinental and Eastern United States: A Modern Survey and Reference. Indiana University Press, Bloomington. Ottesen, Anne I. 1985 Woodland Settlement Patterns in Northwestern Kentucky. In Woodland Period Research in Kentucky, edited by David Pollack, Tom Sanders, and Charles Hockensmith, pp. 166-186. Kentucky Heritage Council, Frankfort. Prufer, Olaf H. and Sara E. Pedde 2001 Introduction: Archaic Problems in Eastern North America. In Archaic Transitions in Ohio and Kentucky Prehistory, edited by Olaf H. Prufer, Sara E. Pedde, and Richard S. Meidl, pp. 1-9. The Kent State University Press, Kent, Ohio. Ritchie, W. A., and R. E. Funk 1973 Aboriginal Settlement Patterns in the Northeast. Memoir 20. New York State Museum and Science Service, New York State University, Albany. Schaetzl, Randall, Helen Enander, Michael D. Luehmann, David P. Lusch, Carolyn Fish, Michael Bigsby, Mark Steigmeyer, Jennifer Guasco, Claire Forgacs and Aaron Pollyea 2013 Mapping the Physiography of Michigan with GIS. Physical Geography 34:1-38. Seeman, M. E., and O. H. Prufer 1982 An Updated Distribution of Ohio Fluted Points. Midcontinental Journal of Archaeology 17(2):155-169. Smith, Horace, and Earle D. Matthews 1975 Soil Survey of Harford County, Maryland. United States Department of Agriculture, Soil Conservation Service Southward, Scott, Avery Ala Drake Jr., David K. Brezinski, Robert P. Wintsch, Michael J. Kunk, John N. Aleinikoff, Charles W. Naeser, Nancy D. Naeser 2006 Central Appalachian Piedmont and Blue Ridge Tectonic Transect, Potomac River Corridor. Geological Society of America. Field Guide 8. Thorpe, Francis N. 1909 The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States ofAmerica. U.S. Government Printing Office. 11 United States Department of Agriculture 2016a Web Soil Survey. Accessed August 1, 2016. https://soilseriesdesc.sc.egov.usda.gov/OSD Docs/F/FREDERICK.html United States Department of Agriculture 2016b Web Soil Survey. Accessed August 1, 2016. https•//soilseriesdesc.sc.egov.usda.gov/OSD Docs/P/POPLIMENTO.html United States Geological Survey 2016c Virginia Geological Map Data. hMs•//mrdata.usgs.gov/jzeoloU/state/state.php?state=VA accessed January 3, 2017. Williamson, James A. 1962 The Cabot Voyages and Bristol Discovery under Henry VII. With the Cartography of the Voyages. Hakluyt Society. London. Winters, Howard D. 1968 Value Systems and Trade Cycles in the Late Archaic of the Midwest. In New Perspectives in Archaeology, edited by S. R. Binford and L. R. Binford, pp. 175-21. Akine, Chicago. Yarnell, R. 1988 The Importance of Native Crops during the Late Archaic and Woodland. Paper presented at the Southeastern Archaeological Conference, New Orleans, Louisiana. 12