Spinney Reservoir
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COMMNET FOUR CORNERS, LLC. NEPA COMPLIANCE CHECKLIST PROPOSED 100-FT MONOPOLE COMMUNICATIONS TOWER SITE NAME: SPINNEY RESERVOIR SPINNEY MOUNTAIN ACCESS ROAD HARTSEL, CO (PARK COUNTY) LATITUDE: N 38°°° 58’ 43.04″″″ ± LONGITUDE: W 105°°° 37’ 1.81″″″ ± DATE INSPECTED: JULY 21, 2015 DATE NEPA ISSUED: DECEMBER 10, 2015 Project Site Specific NEPA Compliance Checklist Commnet Four Corners, LLC. Spinney Reservoir December 10, 2015 Ms. Alexis Leidigh Commnet Four Corners, LLC. 1001 Technology Drive Little Rock, AR 72212 Re: NEPA Checklist Commnet Four Corners, LLC. Spinney Reservoir Spinney Mountain Access Road Hartsel, CO (Park County) Dear Ms. Leidigh: Tower Engineering Professionals, Inc. (TEP) completed a FCC Compliance NEPA Checklist (NEPA) for the proposed 100-ft AGL Monopole Communications Tower (105-ft with appurtenances) for the site designated as Spinney Reservoir, and is pleased to submit the findings to Commnet Four Corners, LLC. The proposed site is located on a parcel of real estate in Park County, CO. The parent property and the adjoining properties were primarily occupied by recreational and undeveloped land uses. The NEPA Checklist research conducted by TEP indicates that the site is not: located in an officially designated wilderness area; located in an officially designated wildlife preserve; located in a floodplain; located in a residential zoned area and required to be equipped with high intensity white lights; and will not: affect threatened or endangered species or their designated critical habitats; affect districts, sites, buildings, structures or objects listed or eligible for listing in the National Register of Historic Places; affect Indian religious sites; or involve significant changes to surface features. TEP conducted the Section 106 of the NHPA portion of the NEPA checklist and the Native American consultation. TEP filed the proposed Spinney Reservoir site with the FCC Tower Construction Notification System (TCNS) on 6/23/15 and was assigned TCNS Identification Number 128366. TEP has received correspondence from, or referred to the FCC, all of the applicable tribes with known ancestral and/or aboriginal rights to Park County, CO as per FCC TCNS. The results of the NEPA Checklist conducted by TEP conclude that no further investigation (i.e. NEPA Environmental Assessment) is warranted or recommended for the Spinney Reservoir site. This NEPA Checklist is limited to the location of the proposed 100-ft AGL monopole communications tower (105-ft with appurtenances) and associated tower compound lease area, access easement and utility easement as depicted on the “Overall Site Plan” dated 7/14/15 which was provided to Commnet by N@Design. Any future or additional access and/or utility easements not depicted on the aforementioned site sketch were not assessed as part of this NEPA Checklist and are not warranted with this document. Sincerely Tower Engineering Professionals, Inc. Ryan A. Malek - Senior Environmental Project Manager 326 Tryon Road, Raleigh, NC 27603-5263 O) 919.661.6351 F) 919.661.6350 [email protected] FCC NEPA COMPLIANCE AUDIT CHECKLIST COMMNET FOUR CORNERS, LLC. SPINNEY RESERVOIR SITE PROPOSED 100-FT MONOPOLE TOWER SPINNEY MOUNTAIN ACCESS ROAD HARTSEL, COLORADO PARK COUNTY 1. Is the proposed facility located in an officially designated wilderness area? No 2. Is the proposed facility located in an officially designated wildlife preserve? No 3. Will the proposed facility likely adversely affect threatened or endangered species or designated critical habitats; or likely jeopardize the continued existence of any proposed endangered or threatened species; or likely result in the destruction or adverse modification of proposed critical habitats (as determined by the Endangered Species Act or 1973)? No 4. Will the proposed facility affect districts, sites, buildings, structures or objects significant in American history, architecture, archeology, engineering or culture, that are listed (or eligible for listing) in the National Register of Historic Places? No 5. Will the proposed facility affect Indian religious sites? No 6. Is the proposed facility located in a floodplain? No 7. Will construction of the proposed facility involve significant change in surface features (e.g., wetland fill, deforestation or water diversion)? No 8. Is the proposed facility located in a residential neighborhood and is required to be equipped with high intensity white lights (as defined by local zoning law)? No If any of the above questions result in an answer of “yes”, then construction may not start on any of these sites prior to receipt of a finding of no significant impact by FCC. RF Exposure Screening Under NEPA 9A. Will the proposed NON-ROOFTOP facility equal or exceed total power (of all channels) of 2000 watts ERP (3280 Watts EIRP) and have antennas located less than 10 meters above ground level? No 9B. Will the proposed ROOFTOP facility equal or exceed total power (of all channels) of 2000 watts ERP (3280 Watts EIRP)? N/A IF “yes” is the answer to either of the two RF exposure questions, an evaluation must be performed to determine if Commnet Four Corners, LLC. exceeds the FCC’s exposure limits. TOWER ENGINEERING PROFESSIONALS, INC. Date: December 10, 2015 Print Name: Ryan A. Malek Signature: The following provides additional information concerning each item on the checklist. 1. Designated Wilderness Areas – Based on a review of the National Wilderness Institute Map of Wilderness Areas, Wild & Scenic Rivers, National Natural Landmarks and UN Biosphere Reserves, dated 1995, and the Wilderness.net - U.S. National Wilderness Preservation System Map, the proposed tower site is not located within an officially designated wilderness area. 2. Designated Wildlife Preserves – Based on a review of the US Fish and Wildlife Service: National Wildlife Refuge System Map, dated September 30, 2004, the proposed tower site is not located within an officially designated wildlife preserve. 3A. Listed Threatened or Endangered Species or Designated Critical Habitats – Based on a review of the listed threatened and endangered species within Park County, Colorado, as obtained from the USFWS Official Species List – Consultation Code: 06E24000-2015-SLI-1060 (dated 9/25/15), correspondence with the U.S. Fish & Wildlife Service – Colorado Ecological Services Field Office, and an on-site investigation, it is the opinion of TEP that the proposed communications tower will have “no effect” on federally listed threatened or endangered species or their designated critical habitats. The U.S. Fish & Wildlife Service response dated 10/13/15 indicated that there were “no concerns” with the project. Further, no response has been received to date from a request for comments sent to the Colorado Parks & Wildlife on 10/5/15. 3B. Proposed Threatened or Endangered Species or Proposed Critical Habitats – Based on a review of the listed threatened and endangered species within Park County, Colorado, as obtained from the USFWS Official Species List – Consultation Code: 06E24000-2015-SLI-1060 (dated 9/25/15), there are no proposed threatened or endangered species or proposed critical habitats for the project area. Therefore, it is the opinion of TEP that the proposed action will not likely jeopardize the continued existence of any proposed endangered or threatened species and will not likely result in the destruction or adverse modification of proposed critical habitats. 4. Historical Places – Based on the results of our coordination with History Colorado – Office of Archaeology and Historic Preservation (CO-OAHP), the proposed tower will have “no effect” on properties listed on or eligible for listing on the National Register of Historic Places, as none were identified within the area of potential effect (APE). TEP also provided written correspondence to the Park County Planning & Zoning Department, Park County Historical Society, Park County Historic Preservation Advisory Committee, Park County Department of Heritage, Tourism and Community Development, and Spinney Mountain State Park on 10/5/15. Ms. Erin Gibbs of the Park County Department of Heritage, Tourism and Community Development responded on 10/26/15 stating “I find no current record of any historic or pre-historic resources on the sites themselves, nor do I find any adverse impact on the visual landscapes of surrounding historic properties.” 5. Indian Religious Sites – Based upon a review of available information obtained from, the Bureau of Indian Affairs-Indian Reservations in the Continental United States, dated 5/96, and the responses to the FCC- Tower Construction Notification ID #128366, filed 6/23/15, no known Indian religious sites will be affected by the proposed tower site. 6. Floodplains – Based on a review of the floodplain map of the area (Flood Insurance Rate Map (FIRM) Panel No. 08093C1000C, dated 12/18/09 of Park County, CO), the proposed facility is not located within a special flood hazard area. 7. Surface Features – Based on our on-site investigation and a review of the U.S. Fish and Wildlife Service National Wetland Inventory map of the area and the USGS 7.5-minute Spinney Mountain, CO topographic quadrangle, the proposed tower is not anticipated to result in a significant change or modification to surface features such as fill in jurisdictional wetlands, deforestation, or water diversion. 8. Zoning/High Intensity White Lights – The proposed tower will be 100-ft AGL (105-ft overall with appurtenances) and the use of high intensity white lights should not be necessary unless