Spinney Reservoir

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 otherwise required for aviation safety. According to a FAA search of determined, interim, proposed and archived cases, there does not appear to be a filing for the proposed tower. Therefore, it is anticipated that the proposed tower will be an unlit structure.

9A. Radio Frequency Emissions – Based on the specified elevation of the proposed antennas (>10 meters) and because the site will be located within a restricted area, no further study concerning radio frequency emissions is required.

ATTACHMENT 1

OFFICIALLY DESIGNATED WILDERNESS AREAS

U.S. National Wilderness Preservation System Map

ATTACHMENT 2

OFFICIALLY DESIGNATED WILDLIFE PRESERVES

U.S. Fish & Wildlife Service – National Wildlife Refuges in Colorado Map

http://www.fws.gov/mountain-prairie/refuges/co/

ATTACHMENT 3

LISTED/PROPOSED THREATENED AND ENDANGERED SPECIES

COMMUNICATIONS TOWER SITE EVALUATION FORM

1. Location (Provide maps if possible): Spinney Mountain Access Road, Hartsel State: CO County: Park Latitude/Longitude/GPS Grid: N 38º 58' 43" W 105º 37' 1.8" City and Highway Direction (2 miles W on Hwy 20, etc.): From Denver, CO: Take US-6 W for approximately 8.3-miles before taking exit 260 to merge onto CO-470 E/Hwy 470 E towards Colorado Springs for approximately 5.7-miles. Take exit US-285 S towards Fairplay for approximately 69-miles before turning left onto CO-9 S and continuing approximately 16.1- miles, before turning right onto San Juan St and continuing approximately 2.8-miles until reaching Co Rd 59. Turn right onto Co Rd 59 and continue approximately 1.1-miles before taking a left onto Spinney Mountain Access Rd. and continuing approximately 2.98-miles until reaching the proposed access road and tower site.

2. Elevation above mean sea level: 8,883-ft AMSL

3. Will the equipment be co-located on an existing FCC licensed tower or other existing structure (building, water tank, etc)? Y/N NO If yes, type of structure:

4. If yes, will the compound be expanded: N/A If yes, will the tower be extended: N/A

5. If No, provide proposed specifications for the new tower: Height: 100-ft AGL (105-ft AGL with appurtenances) Construction Type (lattice, monopole, etc.): Monopole Guyed-Wire? NO No. Bands: N/A Total No. Wires:N/A Lightning (Security and Aviation): Tower anticipated to be unlit.

6. Area of tower footprint in acres or square feet: The proposed 50-ft x 50-ft tower compound lease area will occupy 2,500-ft² (~0.06-acres).

7. Length and width of access road in feet: The proposed 20-ft wide x ~700-ft long access & utility easement will occupy approximately 14,000-ft2 (~0.32-acres); however approximately 2,400-ft2 (0.06-acres) of the aforementioned access easement is located along a portion of the existing gravel access drive. The proposed 5-ft wide x 200-ft long utility easement will occupy approximately 1,000-ft2 (~0.02-acres).

8. General description of terrain (mountains, rolling hills, flat, flat to undulating, etc.). Photographs of the site and surrounding area are beneficial: Located on a southern-facing hillslope.

9. Meteorological conditions (incidence of fog, low ceilings, rain, etc.): July 21, 2015, sunny.

Soil Type(s): According to the USDA Web Soil Survey of Park County, CO, the soil of the proposed action area is identified as Hodden very cobbly sandy loam, 25 to 60 % slopes (Map Unit # 50). This soil is generally described as well drained, formed from outwash derived from granite and gneiss and/or outwash derived from sedimentary rock, and is found on linear outwash terraces. A typical profile consists of 0 to 5 inches of very cobbly sandy loam, 5 to 12 inches of very cobbly sandy clay loam, and 12 to 60 inches of extremely cobbly sandy loam.

10. Habitat types and land use on and adjacent to the site: Habitat Type: Acreage: Percentage of Total: Recreational land ~3,000-acres 60% Undeveloped land ~2019.6-acres 39% Residential ~5.0-acres 1%

Adjacent land use: undeveloped forested, pasture land, and recreational land uses.

11. Dominant vegetative species in each habitat type: prickly-pear cactus (Opuntia phaeacantha), broom snakeweed (Gutierrezia sarothrea), mountain mahogany (Cercocarpus ledifolius), fringed sagewort (Artemisia frigida), rabbitbush (Chrysothamnus sp.), blue grama (Bouteloua gracilis), and needle-and-thread (Hesperostipa comata) with sparse occurrences of limber pine (Pinus flexilis), ponderosa pine (Pinus ponderosa), sagebrush (Artemisia tridentata) and Spanish bayonet (Yucca aloifolia).

12. Average diameter breast height of dominant tree species in forested areas: Tree species: Limber pine ~2-4” Ponderosa pine ~2-6”

13. Will construction at this site cause fragmentation of a larger block of habitat into two or more smaller blocks? Y/N NO If yes, describe:

14. Is evidence of bird roosts or rookeries present? Y/N NO If yes, describe: None in immediate vicinity of proposed action area.

15. Distance to nearest wetland area (forested swamp, marsh, riparian, marine, etc.), and coastline, if applicable: According to the USFWS NWI Mapper, the nearest mapped wetland is identified as a lake located approximately 835-ft southwest of the proposed tower site.

16. Distance to nearest telecommunications tower: According to the FCC Antenna Structure Registration search, the nearest registered antenna structure is located approximately 7.5-miles northeast of the proposed tower site. However, an existing telecommunications tower is located approximately 280-ft southwest of the proposed tower site.

17. Potential for co-location of antennas on existing towers or other structures: Unknown, anticipated that collocation would not provide suitable RF coverage to desired area.

18. Have measures been incorporated for minimizing impacts to migratory birds? Y/N YES If yes, describe: Tower is less than 150-ft AGL, monopole design, and does not involve the use of guyed wires.

19. Has an evaluation been made to determine if the proposed facility may affect listed or proposed endangered or threatened species or their habitats as required by FCC regulations at 47 CFR 1.1307(a)(3)? Y/N YES If yes, present findings: It is the opinion of TEP that the proposed action will have no effect on the least tern, Mexican spotted owl, piping plover, whooping crane, Western Prairie fringed orchid, Uncompahgre fritillary butterfly, and Canada lynx. United States Department of the Interior

FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office 134 UNION BOULEVARD, SUITE 670 LAKEWOOD, CO 80228 PHONE: (303)236-4773 FAX: (303)236-4005 URL: www.fws.gov/coloradoES; www.fws.gov/platteriver

Consultation Code: 06E24000-2015-SLI-1060 September 25, 2015 Event Code: 06E24000-2015-E-01642 Project Name: Spinney Mountain Reservoir

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. ).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq. ), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

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.html). 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/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

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

2 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Official Species List

Provided by: Colorado Ecological Services Field Office DENVER FEDERAL CENTER P.O. BOX 25486 DENVER, CO 80225 (303) 236-4773 http://www.fws.gov/coloradoES http://www.fws.gov/platteriver

Consultation Code: 06E24000-2015-SLI-1060 Event Code: 06E24000-2015-E-01642

Project Type: COMMUNICATIONS TOWER

Project Name: Spinney Mountain Reservoir Project Description: The proposed communications tower compound will be located within a southern-facing, undeveloped hillside, located within the Spinney Mountain State Park. Access to the proposed tower site will utilize a portion of an existing gravel access drive. The proposed tower is located approximately 320-ft northeast of an existing communications tower.

Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns.

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 1 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Project Location Map:

Project Coordinates: MULTIPOLYGON (((-105.61887323856354 38.978239828290434, - 105.61869621276855 38.97814391321969, -105.6183072924614 38.97813140254872, - 105.61813831329346 38.97808553006954, -105.6178566813469 38.97806884916066, - 105.61748385429382 38.978081359842676, -105.6175509095192 38.978404551695725, - 105.61754822731018 38.97860889159002, -105.61730146408081 38.97859429590286, - 105.6173551082611 38.97850672171657, -105.61710566282272 38.978408721903556, - 105.61693131923676 38.97862140217665, -105.61718344688416 38.97875901848352, - 105.61727732419966 38.97865059353682, -105.61729341745377 38.97867978488495, - 105.61768233776093 38.97867769978905, -105.6175884604454 38.9781355727726, - 105.61779499053955 38.978110551425516, -105.61795324087143 38.978127232324574, - 105.61834216117857 38.97821063676093, -105.61854869127274 38.978208551651214, - 105.61871767044067 38.978252338942276, -105.61874985694885 38.97829404109904, - 105.61887323856354 38.978239828290434)))

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 2 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Project Counties: Park, CO

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 3 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Endangered Species Act Species List

There are a total of 9 threatened or endangered species on your 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. Note that 5 of these species should be considered only under certain conditions. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.

Birds Status Has Critical Habitat Condition(s)

Least tern (Sterna antillarum) Endangered Water-related Population: interior pop. activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska.

Mexican Spotted owl (Strix Threatened Final designated occidentalis lucida) Population: Entire

Piping Plover (Charadrius melodus) Threatened Water-related Population: except Great Lakes watershed activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska.

Whooping crane (Grus americana) Endangered Final designated Water-related Population: except where EXPN activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska.

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 4 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Fishes

Greenback Cutthroat trout Threatened (Oncorhynchus clarki stomias) Population: Entire

Pallid sturgeon (Scaphirhynchus Endangered Water-related albus) activities/use in the N. Population: Entire Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska.

Flowering Plants

Western Prairie Fringed Orchid Threatened Water-related (Platanthera praeclara) activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska.

Insects

Uncompahgre Fritillary butterfly Endangered (Boloria acrocnema) Population: Entire

Mammals

Canada Lynx (Lynx canadensis) Threatened Final designated Population: Contiguous U.S. DPS

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 5 United States Department of Interior Fish and Wildlife Service

Project name: Spinney Mountain Reservoir

Critical habitats that lie within your project area There are no critical habitats within your project area.

http://ecos.fws.gov/ipac, 09/25/2015 02:34 PM 6

October 5, 2015

U.S. Fish & Wildlife Service Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225

Re: Categorical Exclusion for the construction of a proposed 100-ft monopole communications tower Park County, CO Commnet Four Corners Site: Spinney Reservoir

To Whom It May Concern:

Tower Engineering Professionals, Inc. (TEP) has been contracted by Commnet Four Corners, LLC to provide environmental services for the aforementioned proposed telecommunications facility. TEP is acting as the designated non-federal representative and submitting the project on behalf of the FCC. TEP’s investigation of the site has determined that the site will have no effect on federal threatened or endangered species or their critical habitats. Concurrence from the Service for “no effect” determinations is not required under Section 7 of the Endangered Species Act; however, we are submitting the following information for your review and comments regarding impacts to protected species for the purpose of completing an FCC NEPA Environmental Compliance Checklist for the following telecommunications tower. The intent of the checklist is to establish the basis for a Categorical Exclusion for the proposed tower. Although candidate species are not offered the same protection under the Endangered Species Act as listed threatened or endangered species, the U.S. Fish & Wildlife Service recommends that impacts to candidate species be addressed within the consultations. If we do not receive a response within thirty days of receipt of the letter, we will proceed on the basis that there are no objections to the proposed project. Correspondence was also sent to Colorado Parks and Wildlife and the Spinney Mountain State Park Office with regards to impacts to state protected species.

The characteristics of the site and the vicinity are described as follows:

Spinney Reservoir Site Location and Specifics: The proposed 100-ft AGL monopole communications tower (105-ft overall with appurtenances) will be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The

326 Tryon Road, Raleigh, NC 27603 O) 919.661.5351 F) 919.661.6350 [email protected] proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres) and herein referred to as the proposed action area. Additionally, the proposed tower is anticipated to be an unlit structure.

At the time of inspection on July 21, 2015, the area in the vicinity of the proposed action area was primarily occupied by a southern-facing undeveloped portion of a hillside located approximately 280-ft northeast of an existing telecommunications tower and located within the southeastern portion of the Spinney Mountain State Park. The vegetation at the site primarily consisted of prickly-pear cactus (Opuntia phaeacantha), broom snakeweed (Gutierrezia sarothrea), mountain mahogany (Cercocarpus ledifolius), fringed sagewort (Artemisia frigida), rabbitbush (Chrysothamnus sp.), blue grama (Bouteloua gracilis), and needle-and-thread (Hesperostipa comata), with sparse occurrences of limber pine (Pinus flexilis), ponderosa pine (Pinus ponderosa), sagebrush (Artemisia tridentata) and Spanish bayonet (Yucca aloifolia). The site inspection consisted of a pedestrian inspection of the proposed action area and vicinity for indications of preferred habitat and occurrences of listed species, as described by USFWS profiles. According to the USGS 7.5-minute Spinney Mountain, CO topographic quadrangle, the nearest surface water feature is the Spinney Reservoir which is located approximately 835-ft south-southwest of the proposed tower compound lease area.

The approximate coordinates of the tower location are as follows:

Latitude: N 38º 58’ 43.0” (NAD 83) Longitude: W 105º 37’ 1.8” (NAD 83)

Action Area Description and Effects: The proposed action area is anticipated to include an approximately 20-ft x 700-ft access easement, approximately 5-ft wide x 200-ft long utility easement, and 50-ft x 50-ft tower compound lease area. Approximately 120-ft of the aforementioned proposed access easement is located along an existing gravel access drive.

According to the USDA Web Soil Survey of Park County, CO, the soil of the proposed action area is identified as Hodden very cobbly sandy loam, 25 to 60 % slopes (Map Unit # 50). This soil is generally described as well drained, formed from outwash derived from granite and gneiss and/or outwash derived from sedimentary rock, and is found on linear outwash terraces. A typical profile consists of 0 to 5 inches of very cobbly sandy loam, 5 to 12 inches of very cobbly sandy clay loam, and 12 to 60 inches of extremely cobbly sandy loam.

Review of the USFWS – Official Species List for the project (Consultation Code: 06E24100-2015-SLI- 1060) dated September 25, 2015 indicated the possible presence of seven (7) listed threatened or endangered terrestrial species: least tern (Sterna antillarum), Mexican spotted owl (Strix occidentalis lucida), piping plover (Charadrius melodus), whooping crane (Grus americana), Western Prairie fringed orchid (Platanthera praceclara), Uncompahgre fritillary butterfly (Boloria acroncnema), and the Canada lynx (Lynx Canadensis). The site inspection performed on July 21, 2015 consisted of a pedestrian inspection of the proposed action area and immediate vicinity for indications of the presence of federally listed species and/or their critical habitats and preferred/suitable habitat, as described by the USFWS and NatureServe Explorer. Additionally, due to the nature of the project, the proposed action is not

326 Tryon Road, Raleigh, NC 27603 O) 919.661.5351 F) 919.661.6350 [email protected] anticipated to have the potential to affect any of the listed aquatic species in Park County, CO (greenback cutthroat trout and pallid sturgeon). Further, according to the USFWS Critical Habitat Portal, the proposed action area is not located on, or in the vicinity of a designated critical habitat.

Least tern: The least tern is listed as an endangered species in Park County. According to Colorado Parks & Wildlife and the USFWS Species Profile, least terns inhabit sandy or pebbly beaches around lakes, reservoirs, and sparsely vegetated sandbars along the Arkansas River and the South Platte River. The birds nest and raise their young along the beaches near shallow water. The primary factor affecting the least tern population is due to human disturbance during nesting season and extreme water fluctuations of manmade lakes. The proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, it is the opinion of TEP that the proposed action will have no effect on the least tern.

Mexican spotted owl: The Mexican spotted owl is listed as a threatened species in Park County. According to the USFWS Species Profile, the species resides in old-growth or mature forests that possess complex structural components as well as canyons with riparian or conifer communities and mixed conifer, Madrean pine-oak, Arizona cypress, encinal oak woodlands, and associated riparian forests. Actions that open up or remove mature or old-growth forests (logging, wildfire, road or site construction that results in fragmentation of the forest) are detrimental to the local owl population. Human activity in or near nesting, roosting, or foraging sites may result in abandonment of an area, and indirectly may affect habitat parameters from trampling, vegetation removal, or increased fire risk. Due to the proximity to existing human disturbances in the vicinity of the proposed action area (residences, an existing telecommunications tower, and activities associated with the Spinney Mountain State Park), the minimal amount of disturbance associated with the proposed action, and the absence of preferred/suitable habitat that will be impacted by construction, it is the opinion of TEP that the proposed action will have no effect on the Mexican spotted owl.

Piping plover: The piping plover is listed as a threatened species in Park County. According to the Colorado Parks & Wildlife Species Profile, piping plovers nest on sandy lakeshore beaches, sandbars within riverbeds or sandy wetland pastures with sparse vegetation. The nests consist of a shallow bowl lined with small stones. The primary factors affecting the least tern population are due to human disturbance during nesting season, extreme water fluctuations of manmade lakes, and nest predation. The proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, it is the opinion of TEP that the proposed action will have no effect on the least tern.

Whooping crane: The whooping crane is listed as an endangered species in Park County. According to the Colorado Parks & Wildlife Species Profile, the whooping crane inhabits mudflats around reservoirs and agricultural areas and nest in wetland communities surrounded by bulrush. The proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, it is the opinion of TEP that the proposed action will have no effect on the whooping crane.

326 Tryon Road, Raleigh, NC 27603 O) 919.661.5351 F) 919.661.6350 [email protected] personnel. The proposed action area is not located within a wet prairie or meadow. Additionally, the proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, due to the absence of preferred/suitable habitat, it is the opinion of TEP that the proposed action will have no effect on the Western Prairie fringed orchid.

Uncompahgre fritillary butterfly: The Uncompahgre fritillary butterfly is listed as an endangered species in Park County. According to the USWS species profile, fritillary butterfly populations are associated with large patches of snow willow above 12,400-ft which provide food and cover. Additionally, the species is only found on northeast-facing slopes. The proposed action area is located at approximately 8,883-ft AGL, located along a southern-facing hillslope, and no occurrences of snow willows were observed by TEP personnel. Therefore, due to the absence of preferred/suitable habitat it is the opinion of TEP that the proposed action will have no effect on the Uncompahgre fritillary butterfly.

Canada Lynx: The Canada lynx is listed as a threatened species in Park County. According to the USFWS Species Profile, the habitat of the Canada lynx is within moist, cool, boreal spruce-fir forests that provide one or more of the beneficial habitat elements for the lynx including snowshoe hares for prey, abundant, large, woody debris piles that are used as dens, and winter snow conditions that are generally deep and fluffy for extended periods of time. The predominant vegetation of subalpine forest stands consists of lodgepole pine, subalpine fir, Douglas fir, grand fir, western larch, and hardwoods. Disturbances that create early successional stages within forest stands such as fire, insect infestations, and timber harvest, create forage and cover for snowshoe hares which are the main diet of the Canada lynx. Individual lynx maintain large home ranges generally between 12 to 83 square miles. The size of lynx home ranges varies depending on abundance of prey, the animal’s gender and age, season, and the density of lynx populations. Further, in the opinion of TEP, the proximity to existing human disturbances, such as the existing gravel access drive, residences, and activities associated with the Spinney Reservoir/State Park on the property, makes it unlikely for the consistent use and habitat of the area by the lynx. Additionally, the proposed action area utilizes a portion of an existing gravel access drive and is relatively small in scale. Therefore, due to the existing human disturbances, and the minimal extent of disturbance associated with the proposed action, it is the opinion of TEP that the proposed action will have no effect on the Canada lynx.

Minimizing Impacts to Migratory Birds protected under the MBTA: The following siting and construction details were implemented in an attempt to comply with the recommendations of the Memorandum of Understanding, directed by the President of the U.S. under the Executive Order 13186, for minimizing impacts to migratory birds protected under the Migratory Bird Treaty Act and the USFWS Interim Guidelines for Recommendations on Communications Tower Siting, Construction, Operation, and Decommissioning. Due to the distance from existing FCC licensed communications towers, collocation is not anticipated to be a feasible option to provide suitable RF coverage to the desired area. The proposed tower is less than 150-ft AGL and does not require the use of guy wires for support and is anticipated to be unlit, minimizing impacts to night-migrating birds. According the Colorado State Parks & Wildlife website, there are known occurrences of bald & golden eagles within the Spinney Mountain State Park and the Eleven Mile State Park. Bald eagles are uncommon but have been observed within the winter months and golden eagles are considered uncommon but have been observed throughout the entire year. However, at the time of inspection, no active or abandoned nests were observed in the vicinity of the proposed action area and there did not appear to be any large suitable nesting trees in the immediate vicinity that would be removed or adversely

326 Tryon Road, Raleigh, NC 27603 O) 919.661.5351 F) 919.661.6350 [email protected] modified by the proposed action. Therefore, no direct impacts to Bald/Golden Eagles, nests, or eggs are anticipated as part of the proposed action.

We have enclosed a portion of the pertinent USGS Spinney Mountain/Guffey NW, CO 7.5-minute topographic quadrangle, site plans, and site photographs. We request any comments regarding our determination that the proposed action will have no effect on federally listed threatened or endangered species or their designated critical habitats. While, concurrence from the Service for “no effect” determinations is not required under Section 7 of the Endangered Species Act we are submitting the following information for your review and comments regarding impacts to protected species for the purpose of completing an FCC NEPA Environmental Compliance Checklist for the aforementioned telecommunications tower. Please provide any comments within 30 days of receipt of this letter. If we do not receive a response within thirty days of receipt of the letter, we will proceed on the basis that there are no objections to the proposed project. If there are any questions or if further information is needed for the processing of this request please don’t hesitate to call. Thank you for your cooperation and your assistance.

Sincerely,

Tower Engineering Professionals, Inc. Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.5351 F) 919.661.6350 [email protected]

October 5, 2015

Colorado Parks & Wildlife Northeast Region – Denver Office 6060 Broadway Denver, CO 80216

Re: Categorical Exclusion for the construction of a proposed 100-ft monopole communications tower Park County, CO Commnet Four Corners Site: Spinney Reservoir

To Whom It May Concern,

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to provide environmental services for the aforementioned proposed telecommunications facility. We are submitting the following information for your review and comments regarding impacts to protected species for the purpose of completing an FCC NEPA Environmental Compliance Checklist for the following telecommunications tower and to comply with state wildlife laws and regulations. The intent of the checklist is to establish the basis for a Categorical Exclusion of the construction of the proposed telecommunications tower.

The characteristics of the site and the vicinity are described as follows:

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] prickly-pear cactus (Opuntia phaeacantha), broom snakeweed (Gutierrezia sarothrea), mountain mahogany (Cercocarpus ledifolius), fringed sagewort (Artemisia frigida), rabbitbush (Chrysothamnus sp.), blue grama (Bouteloua gracilis), and needle-and-thread (Hesperostipa comata), with sparse occurrences of limber pine (Pinus flexilis), ponderosa pine (Pinus ponderosa), sagebrush (Artemisia tridentata) and Spanish bayonet (Yucca aloifolia). The site inspection consisted of a pedestrian inspection of the proposed action area and vicinity for indications of preferred habitat and occurrences of listed species, as described by USFWS profiles. According to the USGS 7.5-minute Spinney Mountain, CO topographic quadrangle, the nearest surface water feature is the Spinney Reservoir which is located approximately 835-ft south-southwest of the proposed tower compound lease area.

The approximate coordinates of the tower location are as follows:

Latitude: N 38º 58’ 43.0” (NAD 83) Longitude: W 105º 37’ 1.8” (NAD 83)

Review of the USFWS – Official Species List for the project (Consultation Code: 06E24100- 2015-SLI-1060) dated September 25, 2015 indicated the possible presence of seven (7) listed threatened or endangered terrestrial species: least tern (Sterna antillarum), Mexican spotted owl (Strix occidentalis lucida), piping plover (Charadrius melodus), whooping crane (Grus americana), Western Prairie fringed orchid (Platanthera praceclara), Uncompahgre fritillary butterfly (Boloria acroncnema), and the Canada lynx (Lynx Canadensis). The site inspection performed on July 21, 2015 consisted of a pedestrian inspection of the proposed action area and immediate vicinity for indications of the presence of federally listed species and/or their critical habitats and preferred/suitable habitat, as described by the USFWS and NatureServe Explorer. Additionally, due to the nature of the project, the proposed action is not anticipated to have the potential to affect any of the listed aquatic species in Park County, CO (greenback cutthroat trout and pallid sturgeon). Further, according to the USFWS Critical Habitat Portal, the proposed action area is not located on, or in the vicinity of a designated critical habitat.

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] nesting season and extreme water fluctuations of manmade lakes. The proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, it is the opinion of TEP that the proposed action will have no effect on the least tern.

Western Prairie fringed orchid: The Western Prairie fringed orchid is listed as a threatened species in Park County. According to the USFWS species profile, the western prairie fringed orchid is a perennial orchid that inhabits wet unplowed tall grass prairies and meadows in areas with Mollisol soils. The fringed orchid is also dependent upon mycorrhizal fungi and periodic disturbance by fire, mowing, or grazing. At the time of inspection, no occurrences of the Western Prairie fringed orchid were observed by TEP personnel. The proposed action area is not located within a wet prairie or meadow. Additionally, the proposed action will not require or result in water depletions in the South Platte River Basin. Therefore, due to the absence of preferred/suitable habitat, it is the opinion of TEP that the proposed action will have no effect on the Western Prairie fringed orchid.

Uncompahgre fritillary butterfly: The Uncompahgre fritillary butterfly is listed as an endangered species in Park County. According to the USWS species profile, fritillary butterfly populations

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] are associated with large patches of snow willow above 12,400-ft which provide food and cover. Additionally, the species is only found on northeast-facing slopes. The proposed action area is located at approximately 8,883-ft AGL, located along a southern-facing hillslope, and no occurrences of snow willows were observed by TEP personnel. Therefore, due to the absence of preferred/suitable habitat it is the opinion of TEP that the proposed action will have no effect on the Uncompahgre fritillary butterfly.

We have enclosed a portion of the pertinent USGS Spinney Mountain/Guffey NW, CO 7.5- minute topographic quadrangle, site plans, and site photographs. We request any comments you may have regarding the proposed action’s potential affect on federal and state

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] protected species for the purpose of completing a FCC NEPA compliance checklist for the proposed tower. Please provide any comments within 30 days of receipt of this letter. Written correspondence has also been sent to the U.S. Fish and Wildlife Service. If there are any questions or if further information is needed for the processing of this request please don’t hesitate to call. Thank you for your cooperation and your assistance.

Sincerely,

Tower Engineering Professionals, Inc. Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

ATTACHMENT 4

SECTION 106 – SHPO

Park County Department of Heritage, Tourism & Community Development PO Box 1373 Fairplay, CO 80440

October 26, 2015 Ryan A. Malek Environmental Project Manager Tower Engineering Professionals 326 Tryon Road Raleigh, NC 27603

Subject: Proposed 100-ft Self-Support Communications Tower Commnet Four Corners, LLC Site: Dennis Naglowsky TCNS# 131479, filed 9/15/15 Adobe Road, Hartsel, CO (Park County);

Subject: Proposed 100-ft Self-Support Communications Tower Comnet Four Corners, LLC Site: Spinney Reservoir TCNS#128366, filed 6/23/15 Spinney Mountain Access Road, Hartsel, CO (Park County)

Dear Mr. Malek:

Thank you for providing Ms. Stephens’ Class III Cultural Resource Survey and literature review for the proposed communications towers at the Dennis Naglowsky parcel and Spinney Reservoir in Hartsel, CO. I have examined Park County’s records and conducted site visits of the properties in question. 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.

To ensure that cultural resources are adversely affected by the project, if unidentified historic or archaeological resources are discovered during construction, Park County requests that work cease and the Department of Heritage, Tourism and Community Development be notified so that the resources may be evaluated for National Register eligibility.

If you have any questions or need further information, please contact Erin Gibbs, Preservationist, Park County, Colorado, at 719-836-4292 or via email at [email protected].

Sincerely,

Erin Gibbs Preservationist, Park County Department of Heritage, Tourism, and Community Development (719) 836-4292

October 6, 2015

Mr. Joe Saldibar History Colorado Office of Archaeology and Historic Preservation 1200 Broadway Denver, CO 80203

Re: FCC 620 Submittal Packet Commnet Four Corners, LLC Site: Spinney Reservoir Proposed 100-ft AGL Monopole Communications Tower Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Saldibar,

Attached herein is the FCC 620 Submittal Packet for the proposed Commnet Four Corners, LLC site identified as Spinney Reservoir. TEP is sending the Colorado SHPO the attached information in order to satisfy the requirements of Section 106 Review of the National Historic Preservation Act for the proposed FCC registered facility. Commnet proposes the construction of a 100-ft AGL monopole communications tower (105-ft overall with appurtenances), to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, and southwest of a portion of Co Rd 59, southeast of the unincorporated Community of Hartsel, within Park County, Colorado.

Ms. Sarah Stephens, a Secretary of Interior qualified archaeologist and architectural historian of TEP conducted a Class III Cultural Resource Survey and literature review for the proposed direct and visual effects APEs. TEP completed a file search utilizing the Office of Archaeology and Historic Preservation’s (OAHP’s) COMPASS database of cultural resources on September 21, 2015 for the direct effects APE and the ½-mile visual effects APE. No historic properties were previously recorded within the APE for visual or direct effects. Further, Sarah Stephens of TEP conducted an intensive Class III pedestrian inventory of the direct effects APE on September 23, 2015 which consisted of walking transects spaced no more than 10-meters apart. No artifacts, features, or other signs of cultural activities were observed within the proposed direct effects APE. Therefore, TEP recommends a finding of “no effect” on Historic Properties and requests concurrence from the Colorado SHPO.

TEP initiated consultation with applicable Native American tribes that have expressed a geographic interest in the project area via the FCC’s Tower Construction Notification System (TCNS# 128366) on June 23, 2015. TEP has submitted the requested information to the Native American tribes which have expressed a potential interest in pre-construction review for the project. TEP also provided Park County Planning & Zoning, Park County Historic Preservation Advisory Committee (CLG), Park County Historical Society, the Park County Department of Heritage, Tourism, and Community Development and the Spinney Mountain State Park the

Tower Engineering Professionals, Inc. (919) 661-6351 Fax (919) 661-6350

opportunity to comment on the project. The attached FCC 620 submittal packet includes the FCC TCNS tribe list and copies of the letters sent to the interested tribes and gov’t / historic preservation entities.

Please provide correspondence to the address listed below.

Tower Engineering Professionals, Inc. Attn: Ryan Malek 326 Tryon Road Raleigh, NC 27603

Sincerely,

Tower Engineering Professionals, Inc. Ryan A. Malek Environmental Project Manager

Tower Engineering Professionals, Inc. (919) 661-6351 Fax (919) 661-6350 NT SUBMISSION PACKET – FCC FORM 620

Attachments

Attachment 1. Résumés/Vitae

See attached resume of Sarah Stephens - Secretary of Interior qualified archaeologist and architectural historian, who completed the Class III Cultural Resource Survey Report for the proposed facility.

Attachment 2. Additional Site Information

The project, in addition to the proposed 100-ft monopole communications tower (105-ft with appurtenances) will include a 50-ft x 50-ft tower compound lease area, 20-ft wide x ~700-ft long access easement, and an approximately 5-ft wide x ~200-ft. The property in the vicinity of the proposed tower was primarily occupied by undeveloped and recreational land uses associated with the Spinney Mountain State Park and adjacent to an existing telecommunications tower compound. See attached site plans.

Attachment 3. Tribal and NHO Involvement

All applicable federally recognized tribes that have expressed an interest in commenting on sites within Park County, CO have been contacted and provided an opportunity to comment on the proposed action via FCC - TCNS # 128366 filed by TEP on 6/23/15. Letter packets including review fees and other requested information/documents have been sent to the applicable tribes which expressed such consultation requirements. See attached copies of letters sent to the tribes that expressed interest in reviewing the site.

Attachment 4.

a. A notification of the proposed project, including a letter packet with pertinent attachments, was sent to the Park County Planning & Zoning Office and the Park County Historic Preservation Advisory Committee (CLG) on 10/6/15. No responses have been received to date. See attached copies of letters. b. N/A

Attachment 5.

TEP published a legal public notice in Park County Republican and Fairplay Flume, on 9/25/15 inviting comments on the proposed tower’s potential impact to Historic Properties by 10/25/15. No comments have been received to date. See attached copy of the public notice affidavit.

Attachment 6.

TEP also contacted the Spinney Mountain State Park, the Park County Department of Heritage, Tourism, and Community Development, and the Park County Historical Society on 10/6/15 and provided them the opportunity to comment on the proposed project. No comments have been received to date. See attached copies of letters.

Attachment 7. a. The geographic area, scale and nature of the undertaking and subsequent effects of the proposed project were analyzed to determine the APE for direct effects. The determined APE for direct effects of the proposed project is the 50-ft x 50-ft tower lease area, the 20-ft x ~700-ft long access easement, 5-ft x ~200-ft long utility easement.

b. The geographic area, scale and nature of the undertaking and subsequent effects of the proposed project were analyzed to determine the APE for direct effects. Further, required background research and suggested standards by the FCC Nationwide Programmatic Agreement were reviewed to determine the APE for visual effects for the proposed project. The APE for visual effects is determined to be a 0.5-mile radius from the proposed 100-ft AGL monopole tower (105-ft overall with appurtenances) centerline. The determined APE for visual effects is currently primarily occupied by an existing telecommunications tower compound, residential, undeveloped, and recreational land uses associated with the Spinney Mountain State Park.

Attachment 8. Historic Properties Identified in the APE for Visual Effects a. No (0) properties pursuant to Section VI.D.1.a of the Nationwide PA were identified in the determined FCC 0.5-mile APE for visual effects. b. To date, no properties were identified by comment in the determined APE for visual effects. c. N/A

Attachment 9. Historic Properties Identified in the APE for Direct Effects a. No (0) Historic Properties were identified in the direct effects APE during the file search using OAHP COMPASS on September 21, 2015 or during the archaeological evaluation of the site performed by TEP on September 21, 2015. b. No properties were identified in the APE for direct effects. c. On September 23, 2015, Sarah Stephens, Secretary of Interior qualified archaeologist and architectural historian of TEP conducted an intensive Class III pedestrian inspection of the direct effects APE which consisted of walking transects spaced no more than 10-meters apart. Ms. Stephens inventoried the proposed tower compound lease area, access easement, and utility easement. Further, she stated that “conditions were good for inventory and ground surface visibility was 50-75% in the proposed tower compound lease area and utility easement.” As a result, no artifacts, features, or other signs of cultural activities were observed within the direct effects APE. See attached Class III Cultural Resources Survey.

Attachment 10. Effects on Identified Properties a. No effect – No (0) Historic Properties listed on or eligible for listing on the National Register of Historic Places were identified within the 0.5-mile APE. It is the position of TEP that the proposed tower will have “no effect” on sites eligible for or listed on the National Register of Historic Places within the APE, as none were identified. b. N/A c. No alternative sites being considered were made apparent to TEP.

Attachment 11. Photographs a. See attached photograph pages and Class III Cultural Resource Survey Report, completed by TEP. b. N/A c. N/A d. See attached aerial photograph and USGS 7.5-Minute Spinney Reservoir/Guffey NW, CO Topographic Quadrangle (part of Class III Cultural Resources Survey Report).

Attachment 12. Maps a. See attached.

FCC Form 620 FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039 New Tower (NT) Submission Packet Notification Date: See instructions for File Number: public burden estimates General Information 1) (Select only one) ( NE ) NE – New UA – Update of Application WD – Withdrawal of Application

2) If this application is for an Update or Withdrawal, enter the file number of the pending application File Number: currently on file.

Applicant Information

3) FCC Registration Number (FRN): 0009572884

4) Name: Commnet Four Corners, LLC

Contact Name

5) First Name: Alexis 6) MI: 7) Last Name: Leidigh 8) Suffix: Sr

9) Title: Regulatory Specialist

Contact Information And 10) P.O. Box: 11) Street Address: Commnet Four Corners, LLC 1001 Technology Drive /Or

12) City: Little Rock 13) State: AR 14) Zip Code: 72223

15) Telephone Number: (501)448-1545 16) Fax Number:

17) E-mail Address: [email protected]

Consultant Information

18) FCC Registration Number (FRN): 0018456921

19) Name: Tower Engineering Professionals, Inc.

Principal Investigator

20) First Name: Sarah 21) MI: 22) Last Name: Stephens 23) Suffix:

24) Title: Cultural Resources Division Manager

Principal Investigator Contact Information And 25) P.O. Box: 26) Street Address: 326 Tryon Road /Or

27) City: Raleigh 28) State: NC 29) Zip Code: 27603

30) Telephone Number: (919)661-6351 31) Fax Number:

32) E-mail Address: [email protected]

1 of 20 FCC Form 620 May 2014

Professional Qualification

33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( X ) Yes ( ) No

34) Areas of Professional Qualification:

( X ) Archaeologist ( X ) Architectural Historian

( ) Historian

( ) Architect

( ) Other (Specify) ______

Additional Staff

35) Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( ) Yes ( X ) No

If “YES,” complete the following:

36) First Name: 37) MI: 38) Last Name: 39) Suffix:

40) Title:

41) Areas of Professional Qualification:

( ) Archaeologist

( ) Architectural Historian

( ) Historian

( ) Architect

( ) Other (Specify) ______

2 of 20 FCC Form 620 May 2014 Site Information Tower Construction Notification System

1) TCNS Notification Number: 128366

Site Information

2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( X ) No

3) Site Name: Spinney Reservoir

4) Site Address: Spinney Mountain Access Road

5) Detailed Description of Project:

6) City: Hartsel 7) State: CO 8) Zip Code: 80449

9) County/Borough/Parish: PARK

Spinney Mountain Access Road and Co Rd 59 10) Nearest Crossroads:

11) NAD 83 Latitude (DD-MM-SS.S): 38-58-43.0 ( X ) N or ( ) S

12) NAD 83 Longitude (DD-MM-SS.S): 105-37-01.8 ( ) E or ( X ) W

Tower Information

13) Tower height above ground level (include top-mounted attachments such as lightning rods): ______32.0 ( ) Feet ( X ) Meters

14) Tower Type (Select One):

( ) Guyed lattice tower

( ) Self-supporting lattice

( X ) Monopole 2 ( ) Other (Describe):

Project Status

15) Current Project Status (Select One):

( X ) Construction has not yet commenced

( ) Construction has commenced, but is not completed Construction commenced on: ______

( ) Construction has been completed Construction commenced on: ______

Construction completed on: ______

3 of 20 FCC Form 620 May 2014 Determination of Effect

14) Direct Effects (Select One):

( X ) No Historic Properties in Area of Potential Effects (APE)

( ) No Effect on Historic Properties in APE

( ) No Adverse Effect on Historic Properties in APE

( ) Adverse Effect on one or more Historic Properties in APE

15) Visual Effects (Select One):

( X ) No Historic Properties in Area of Potential Effects (APE)

( ) No Effect on Historic Properties in APE

( ) No Adverse Effect on Historic Properties in APE

( ) Adverse Effect on one or more Historic Properties in APE

4 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual ( X ) Yes ( ) No effects?

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Apache Tribe of Oklahoma

Contact Name

5) First Name: Darrin 6) MI: 7) Last Name: Cisco 8) Suffix:

9) Title:

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Cheyenne-Arapaho Tribes of Oklahoma

Andrew Willey

THPO

06/25/2015

5 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Comanche Nation

Contact Name

5) First Name: Kelly 6) MI: 7) Last Name: Glancy 8) Suffix:

9) Title: THPO Assistant

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Crow Creek Sioux Tribal Council

Darrell Zephier

THPO

06/25/2015

6 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Crow Tribe

Contact Name

5) First Name: Emerson 6) MI: 7) Last Name: Bull Chief 8) Suffix:

9) Title: THPO

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Eastern Shoshone Tribe

Wilfred Ferris III

THPO

06/25/2015 06/24/2015

7 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Fort Belknap Indian Community

Contact Name

5) First Name: Michael 6) MI: 7) Last Name: Blackwolf 8) Suffix:

9) Title: THPO

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Jicarilla Apache Nation

Joanna Dykehouse

THPO Technician

06/25/2015 07/15/2015

8 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Northern Arapaho

Contact Name

5) First Name: Yufna 6) MI: 7) Last Name: Soldier Wolf 8) Suffix:

9) Title: THPO

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Northern Cheyenne Tribe

James Walks Along

THPO

06/25/2015 06/24/2015

9 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Ponca Tribe of Nebraska

Contact Name

5) First Name: Randy 6) MI: 7) Last Name: Teboe 8) Suffix:

9) Title: THPO

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Southern Ute Tribe

Alden Naranjo

NAGPRA Coordinator

06/25/2015

10 of 20 FCC Form 620 May 2014 Tribal/NHO Involvement

2a) Tribes/NHOs contacted through TCNS Notification Number: ______128366 Number of Tribes/NHOs: ______14

2b) Tribes/NHOs contacted through an alternate system: Number of Tribes/NHOs: ______0

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name: Spirit Lake Nation

Contact Name

5) First Name: Erich 6) MI: 7) Last Name: Longie 8) Suffix: Dr

9) Title: THPO

Dates & Response 10) Date Contacted ______06/25/2015 11) Date Replied ______06/24/2015

( ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( X ) Replied/Other

Ute Indian Tribe

Betsy L Chapoose

Cultural Rights & Protection Director

06/25/2015

11 of 20 FCC Form 620 May 2014 Other Tribes/NHOs Contacted

Tribe/NHO Information

1) FCC Registration Number (FRN):

2) Name:

Contact Name

3) First Name: 4) MI: 5) Last Name: 6) Suffix:

7) Title:

Contact Information And 8) P.O. Box: 9) Street Address: /Or

10) City: 11) State: 12) Zip Code:

13) Telephone Number: 14) Fax Number:

15) E-mail Address:

16) Preferred means of communication:

( ) E-mail

( ) Letter

( ) Both

Dates & Response

17) Date Contacted ______18) Date Replied ______

( ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

12 of 20 FCC Form 620 May 2014 Historic Properties Properties Identified

1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( X ) No

2) Has the identification process located archaeological materials that would be directly affected, or sites that are of ( ) Yes ( ) No cultural or religious significance to Tribes/NHOs? X

3) Are there more than 10 historic properties within the APEs for direct and visual effect? ( ) Yes ( ) No If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. X

Historic Property

4) Property Name:

5) SHPO Site Number:

Property Address

6) Street Address:

7) City: 8) State: 9) Zip Code:

10) County/Borough/Parish:

Status & Eligibility

11) Is this property listed on the National Register? ( ) Yes ( ) No Source: ______

12) Is this property eligible for listing on the National Register? ( ) Yes ( ) No Source: ______

13) Is this property a National Historic Landmark? ( ) Yes ( ) No

14) Direct Effects (Select One):

( ) No Effect on this Historic Property in APE

( ) No Adverse Effect on this Historic Property in APE

( ) Adverse Effect on this Historic Property in APE

15) Visual Effects (Select One):

( ) No Effect on this Historic Property in APE

( ) No Adverse Effect on this Historic Property in APE

( ) Adverse Effect on this Historic Property in APE

13 of 20 FCC Form 620 May 2014 Local Government Involvement

Local Government Agency

1) FCC Registration Number (FRN):

2) Name: Park County Planning & Zoning Department

Contact Name

3) First Name: To Whom It 4) MI: 5) Last Name: May Concern 6) Suffix:

7) Title:

Contact Information And 8) P.O. Box: 1598 9) Street Address: /Or

10) City: Fairplay 11) State: CO 12) Zip Code: 80440

13) Telephone Number: (719)836-4254 14) Fax Number:

15) E-mail Address: [email protected]

16) Preferred means of communication:

( ) E-mail

( X ) Letter

( ) Both

Dates & Response

17) Date Contacted ______10/06/2015 18) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Additional Information

19) Information on local government’s role or interest (optional):

No reply has been received to date.

14 of 20 FCC Form 620 May 2014 Local Government Involvement

Local Government Agency

1) FCC Registration Number (FRN):

2) Name: Park County Historic Preservation Advisory Committee (CLG)

Contact Name

3) First Name: Amy 4) MI: 5) Last Name: Unger 6) Suffix:

7) Title: Preservation Planner

Contact Information And 8) P.O. Box: 1373 9) Street Address: /Or

10) City: Fairplay 11) State: CO 12) Zip Code: 80440

13) Telephone Number: (000)000-0000 14) Fax Number:

15) E-mail Address: [email protected]

16) Preferred means of communication:

( ) E-mail

( X ) Letter

( ) Both

Dates & Response

17) Date Contacted ______10/06/2015 18) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Additional Information

19) Information on local government’s role or interest (optional):

No reply has been received to date.

15 of 20 FCC Form 620 May 2014

Other Consulting Parties Other Consulting Parties Contacted

1) Has any other agency been contacted and invited to become a consulting party? ( X ) Yes ( ) No

Consulting Party

2) FCC Registration Number (FRN):

3) Name: Park County Historical Society

Contact Name

4) First Name: Karen 5) MI: 6) Last Name: Christenson 7) Suffix:

8) Title: President

Contact Information And 9) P.O. Box: 10) Street Address: 43 /Or

11) City: Bailey 12) State: CO 13) Zip Code: 80421

14) Telephone Number: (000)000-0000 15) Fax Number:

16) E-mail Address: [email protected]

17) Preferred means of communication:

( ) E-mail

( X ) Letter

( ) Both

Dates & Response

18) Date Contacted ______10/06/2015 19) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Additional Information

20) Information on other consulting parties’ role or interest (optional):

No reply has been received to date.

16 of 20 FCC Form 620 May 2014

Other Consulting Parties Other Consulting Parties Contacted

1) Has any other agency been contacted and invited to become a consulting party? ( X ) Yes ( ) No

Consulting Party

2) FCC Registration Number (FRN):

3) Name: Park County Department of Heritage, Tourism, and Community Development

Contact Name

4) First Name: Linda 5) MI: 6) Last Name: Balough 7) Suffix:

8) Title: Executive Director

Contact Information And 9) P.O. Box: 10) Street Address: 1373 /Or

11) City: Fairplay 12) State: CO 13) Zip Code: 80440

14) Telephone Number: (000)000-0000 15) Fax Number:

16) E-mail Address: [email protected]

17) Preferred means of communication:

( ) E-mail

( X ) Letter

( ) Both

Dates & Response

18) Date Contacted ______10/06/2015 19) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Additional Information

20) Information on other consulting parties’ role or interest (optional):

No reply has been received to date.

17 of 20 FCC Form 620 May 2014

Other Consulting Parties Other Consulting Parties Contacted

1) Has any other agency been contacted and invited to become a consulting party? ( X ) Yes ( ) No

Consulting Party

2) FCC Registration Number (FRN):

3) Name: Spinney Mountain State Park

Contact Name

4) First Name: Walter 5) MI: 6) Last Name: Scherar 7) Suffix:

8) Title:

Contact Information And 9) P.O. Box: 10) Street Address: /Or 4229 County Road 92

11) City: Lake George 12) State: CO 13) Zip Code: 80827

14) Telephone Number: (719)748-3401 15) Fax Number:

16) E-mail Address: [email protected]

17) Preferred means of communication:

( X ) E-mail

( ) Letter

( ) Both

Dates & Response

18) Date Contacted ______10/06/2015 19) Date Replied ______

( X ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Additional Information

20) Information on other consulting parties’ role or interest (optional):

No reply has been received to date.

18 of 20 FCC Form 620 May 2014

Designation of SHPO/THPO

1) Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower.

SHPO/THPO

Name: ______

2) You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation Agency.

SHPO/THPO Name: ______

Certification

I certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true, correct, and complete.

Party Authorized to Sign

First Name: MI: Last Name: Suffix:

Signature: Date: ______

FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID.

WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).

19 of 20 FCC Form 620 May 2014

SPINNEY RESERVOIR TOWER SITE PARK COUNTY, COLORADO CLASS III CULTURAL RESOURCES SURVEY

Prepared by: Sarah Stephens, MA, RPA

Tower Engineering Professionals, Inc. 326 Tryon Road Raleigh, NC 27603-3530

October 5, 2015

Public Disclosure of Site Locations Prohibited per 43 CFR § 7.18 For Official Use Only

Table of Contents INTRODUCTION ...... 1 PROJECT AREA ...... 1 ENVIRONMENTAL SETTING ...... 6 CULTURE HISTORY & PREVIOUS WORK ...... 10 Prehistoric Period ...... 10 Historic Period ...... 11 Previous Work ...... 12 DIRECT EFFECTS ASSESSMENT ...... 14 CONCLUSIONS ...... 14 REFERENCES ...... 15

Spinney Reservoir Tower Class III Cultural Resources Survey Report Page | 1

INTRODUCTION Tower Engineering Professionals, Inc. (TEP) has been contracted by Commnet Four Corners, LLC to complete a FCC National Environmental Policy Act (NEPA) Checklist for a proposed communications tower facility. TEP is completing the Section 106 of the National Historic Preservation Act (NHPA) portion of the NEPA Checklist by completing a Class III Cultural Resources Survey and consulting with the Colorado State Historic Preservation Office (SHPO), local historic preservation entities, and applicable Native American Tribes regarding the proposed undertaking’s potential effects on historic properties as defined in Section VI.D.1.a of the FCC’s Nationwide Programmatic Agreement (NPA). Sarah Stephens of TEP, a Secretary of the Interior qualified archaeologist and architectural historian, conducted the Class III Cultural Resources Survey under SHPO Permit No. 2015-103 on September 23, 2015. The survey resulted in the identification of no archaeological resources and a visual assessment for one historic property. This report summarizes the results of TEP’s investigations.

PROJECT AREA Commnet Four Corners, LLC proposes the construction of a 100-ft (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower will be located within the SW1/4- NE1/4 of Section 25, T12S, R74W, Sixth P.M. The proposed undertaking consists of the construction the aforementioned 100-ft (105-ft with appurtenances) monopole tower within an approximately 50-ft by 50-ft tower area of potential disturbance. The proposed tower area of potential disturbance will include the proposed tower and foundation, associated equipment shelters, and any associated grading or clearing. The proposed site will be accessed via existing gravel & earthen roads and a proposed 20-ft wide access road. The existing gravel and earthen roads spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from a portion of the aforementioned of the aforementioned gravel road for approximately 700-ft before reaching the proposed tower site. Additionally, an approximately 5-ft wide utility easement will proceed northeast from an existing utility pole for approximately 200-ft until reaching the proposed tower the proposed tower site. The proposed tower area of potential disturbance will occupy approximately 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft2 (~0.02-acres). According to the FCC’s NPA, the area of potential effect (APE) for direct effects is defined as the area of potential ground disturbance and any property, or any portion thereof, which will be physically altered or destroyed by the undertaking. The APE for direct effects for the Spinney Reservoir Tower project, totals approximately 17,500-ft2 (0.40-acres) and includes the proposed approximately 50-ft by 50-ft tower area of potential disturbance (including the proposed monopole tower and foundation, associated equipment shelters, and any associated grading or Spinney Reservoir Class III Cultural Resources Survey Page | 2

clearing), the proposed approximately 20-ft wide x 700-ft long access road, and the proposed approximately 5-ft wide x 200-ft long utility easement. Pursuant to the FCC’s NPA, the APE for visual effects is the geographic area in which the undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defined feature of a historic property that makes it eligible for listing on the National Register of Historic Places (NRHP). The FCC designated APE for visual effects for towers under 200-ft tall is 0.50-mile radius from the proposed tower centerline. Figures 1 and 2 depict the direct effects APE (in blue) and the visual effects APE radius (in red) overlaid on the pertinent USGS 7.5-minute topographic quadrangle and a current aerial photograph of the area, respectively. Figure 3 depicts the proposed direct effects APE in the form of a site plan, which has been provided by Commnet Four Corners, LLC.

Spinney Reservoir Class III Cultural Resources Survey Page | 3

Figure 1: Location of proposed project site, with APEs for direct and visual effects.

Spinney Reservoir Class III Cultural Resources Survey Page | 4

Figure 2: Aerial map of proposed project site, with APEs for direct and visual effects. Aerial photograph provided by Google Earth.

Spinney Reservoir Class III Cultural Resources Survey Page | 5

Figure 3: Site plan for the proposed Spinney Reservoir tower.

Spinney Reservoir Class III Cultural Resources Survey Page | 6

ENVIRONMENTAL SETTING The proposed tower site is located within South Park grasslands basin within the southern Front Range of the Colorado’s Southern Rocky Mountains Physiographic Province, along the southern- facing hillslope overlooking the Spinney Mountain Reservoir and the South Platte River. According to the USDA-NRCS Web Soil Survey (2013) the soil within the proposed site is identified as Hodden very cobbly sandy loam, 25 to 60 % slopes (Map Unit # 50). This soil is generally described as well drained, formed from outwash dertived from granite and gneiss and/or outwash derived from sedimentary rock, and is found on linear outwash terraces. At the time of survey, the project area was primarily occupied by a portion of an undeveloped southern-facing hillslope located within the southeastern portion of the Spinney Mountain State Park consisting primarily of prickly-pear cactus (Opuntia phaceacantha), broome snakeweed (Gutierrezia sarothrea), mountain mahogany (Cercocarpus ledifolius), fringed sagewort (Artemisia frigida), rabbitbush (Chrysothamnus sp.), blue grama (Bouteloua gracilis), and needle-and-thread (Hesperostipa comata), with sparse occurrences of limber pine (Pinus flexilis), ponderosa pine (Pinus ponderosa), basin big sagebrush (Artemisia tridentata) and Spanish bayonet (Yucca aloifolia).

Spinney Reservoir Class III Cultural Resources Survey Page | 7

Figure 4: Proposed tower site, facing north from centerline.

Figure 5: Proposed tower site, facing south from centerline.

Spinney Reservoir Class III Cultural Resources Survey Page | 8

Figure 6: Proposed tower site, facing east from centerline.

Figure 7: Proposed tower site, facing west from centerline.

Spinney Reservoir Class III Cultural Resources Survey Page | 9

Figure 8: Proposed access route, facing north.

Figure 9: Proposed utility easement, facing southwest.

Spinney Reservoir Class III Cultural Resources Survey Page | 10

CULTURE HISTORY & PREVIOUS WORK Prehistoric Period The current project area is located within the Upper Mountains of the Platte River Basin. Prehistory in this region is divided into five major stages: Paleoindian, Archaic, Late Prehistoric, Protohistoric, and Historic (Table 1). For a synthesis on the prehistory of the region please see Gilmore et al. (1999) Colorado prehistory: a context for the Platte River Basin. Table 1. Prehistoric Eras in the Southern Rocky Mountain Era Date Paleoindian 12,000-7,500 B.P. Archaic 7,500-1,800 B.P. Late Prehistoric 1800 B.P. – 400 B.P./A.D. 150- 1540 Protohistoric A.D. 1540-1860 Historic A.D. 1860-1960 Paleoindian The oldest recorded evidence of people in the region dates to the Paleoindian era. This period is characterized by a cooler and wetter climate, high range mobility, low population density, and focal hunting economy. Projectile point types include Clovis, Folsom, and Plano. According to OAHP’s online COMPASS database, 38 Paleoindian sites have previously been recorded in Park County. These include open camps, lithic scatters, and isolate finds (IFs). This information provides evidence of the use of the area during the Paleoindian era. Archaic The transition to Archaic is reflected in the changes of technology. People during this period continued to rely on hunting and gathering used a larger variety of food resources and technologies and adapted to a highly variable but increasingly warming climate. Projectile points associated with this time have stemmed and notched bases along with grinding implements. The grinding implements were utilized for both wild plants and domesticated maize, which was incorporated into the diet in portions of the region during the later Archaic. This period is well represented in the region with a total of 144 Archaic sites previously recorded in Park County. Site types include open camps, lithic scatters, and IF’s. Late Prehistoric The beginning of the Late Prehistoric period, sometimes referred to as the Ceramic Period, is marked with the development of ceramic bow-and-arrow technology. Hunting and gathering continued in the region with small corner- and side-notched points. This period is well represented in the region with a total of 140 Late Prehistoric sites previously recorded in Park County. They include open camps, open artifact scatters, and open architectural sites containing features such as hearths, wall alignments, cairns, and stone circles. Protohistoric The Protohistoric era represents the time between initial non-Native American exploration in the area and their wide spread permanent settlement. This period also represents the first historic records describing tribes in the area. A variety of Native American sites are found during this time, such as wickiups, eagle traps, rock art, camps, and lithic scatters. The Numic-speaking

Spinney Reservoir Class III Cultural Resources Survey Page | 11

hunter-gatherers occupied western Colorado during this time until the removal of the Ute to reservations in 1881 (Reed and Metcalf 1999). The Numic, generally thought to be the ancestors of the Ute, moved in seasonal rounds and lived in rounds known as wickiups. Brown ware vessels and bi- and tri-notched projectile points were commonly used. Contact with Europeans introduced horses around the 1600s and trade items such as glass and metal. The earliest Anglo influence came from trade goods brought in by Spanish explorer Francisco Vazquez de Coronado. European trips to the Colorado mountains began in 1761 in search for natural riches, such as fur and gold, and for political reasons, such as border control (Mehls 1984). Further exploration occurred after the Louisiana Purchase in 1803 and by around 1830 trading posts were established (Mehls 1984). The first non-natives to regularly use the Platte River Basin were the Ciboleros and Comancheros groups who traveled from modern-day New Mexico to the Plains to hunt bison and trade with the Plains group (Clark 1999). In 1795 the Arapaho tribe, identified as the Caminanbiches by the Spaniards, was noted as living along the Cheyenne River in western South Dakota and eastern Wyoming (Fowler 2001 By 1806 the Sioux began to push west and the Arapaho formed alliance with the Cheyenne (Fowler 2001). The two groups, either together or separately, in the early 1800s migrated further south along the east edge of the Rocky Mountains (Ubbelhode et al. 1995; Baker et al. 2007). In 1820, the Arapaho and Cheyenne were found living and hunting along Colorado’s Front Range on the Eastern Slope of the Rocky Mountains (Ubbelohde et al. 1995). Treaties between governments and tribes began as the federal government increasingly attempted to control land and resource use by the Arapaho and other tribes. Further in the 1840s, additional tribes, such as the Sioux, began moving into areas occupied by the Arapaho and Cheyenne, resulting in increased competition for game. Around the same time, the migratory patterns of the buffalo were disturbed by travelers along the Oregon and Santa Fe trails, causing the Arapaho to require more horses to travel further to find game. After a few occurrences of raiding activities along the Santa Fe Trail, the Arapaho became increasing dependent on trade goods (Fowler 2001). During a Great Plains Indian council in 1851, the Cheyenne and Arapaho were assigned to an area defined by the Platte River on the north and the Arkansas River on the south until the 1858 gold rush. As the gold rush brought significantly larger numbers of settlers to the region, the Northern Arapaho began to withdraw into Wyoming and Montana and the Northern Cheyenne and the Southern Arapaho withdrew down the Arkansas River (Fowler 2001). In 1839 travelers on their way to Oregon crossed South Park. The 1859 Pikes Peak Gold Rush, caused Park County’s population to surge to approximately 10,000 residents, which accounted for one-third of population within the Colorado Territory (South Park National Heritage Area 2015). Only 19 previously recorded Protohistoric sites and 50 Ute sites are within Park County. Distinguishing cultural affiliation of sites can be difficult. Ute associated sites in the area include the presence of peeled trees, Umcompahgre brown wares, and/or rock art. Historic Period By the 1860s Euro-American settlements were established throughout the region. Talks in 1860 between the southern Cheyenne and Arapaho with the U.S. government began the process of the

Spinney Reservoir Class III Cultural Resources Survey Page | 12

tribes giving up their land and moving to reservations, opening up the region to permanent white settlements. The proposed tower site is located within the South Park grassland basin and located approximately 10-miles southeast from the Community of Hartsel, which was named after cattle rancher, Samuel Hartsel, who settled in the area near the Hamilton Mining Camp located in South Park in 1866 (South Park National Heritage Area 2015). The Community is often called “The Heart of Colorado” as it is located within the geologic center of Colorado. Samuel Hartsel was the first cattle rancher in the area and sold meat to mining camps in Park, Lake, and Summit County. Additionally, he reportedly traded with the Ute, who frequently visited the hot springs in the area for bathing and medicinal purposes. Hartsel built a trading post, blacksmith shop, bathhouses, a hotel, and a post office nearby his homestead in the mid-1870s. Hartsel’s establishment of the community lead to the Hartsel becoming one of the most important Colorado Midland station in South Park. Samuel Hartsel sold his cattle and land to the South Park Land and Livestock Company in 1908. Shortly after 1908, meat packers identified as “The Beef Trust” established itself in Hartsel and acquired the Hartsel Ranch (National Register of Historic Places 1999). The community of Hartsel declined after the departure of the railroad; however, Hartsel is still an important part of the ranching business in South Park (South Park National Heritage Area). Approximately 173,917-acres of grazing land was reported in Park County in 1914 and by 1920 grazing lands had increased to approximately 186,171-acres. By 1920 the sheep industry began to overtake the cattle industry in South Park (National Register of Historic Places 1999). According to COMPASS, over 1,000 historic sites are recorded in Park County. Sites associated with Euro-Americans include mines, ranches, railaroads, and trails. Only seven (7) are Ute affiliated sites, consisting of lithic scatters, middens, open camps, and peeled trees. Assigning cultural affiliation can be difficult because of similar materials between groups. No sites have been recorded associated with the Arapaho. Previous Work TEP performed a search of OAHP’s Compass: Colorado Cultural Resource Online Database on September 21, 2015 for Sections 19, 24, 25, and 30 of Township 12S, Range 74W and Section 30 of Township 12S, Range 73W, Sixth P.M., which contain the direct and 0.50-mile visual effects APEs. One previously recorded site, 5PA.17, and three (3) previously conducted cultural resources surveys were identified within the 0.5-mile APE. The project area was previously surveyed in 1979 by the Grand River Institute (Conner et al. 1979) as part of numerous surveys for the Spinney Mountain Project for R.W. Beck & Associates (PA.AE.R1>PA.AE.R3, PA.AE.R3, & PA.AE.S). No resources were identified in the vicinity of the proposed tower compound lease area, access easement, or utility easement. However, the Colorado Midland Railroad, Eleven Mile Canyon (5PA.17) was recorded 0.37- miles south of the proposed tower site. This resource was determined not eligible for the NRHP in the field and is partially underwater in the visual APE (Figure 10). Table 2: Previously Recorded Cultural Resources within the Visual APE Site ID Site/Resource Type Affiliation NRHP Eligibility Colorado Midland Railroad, Eleven Mile 5PA.17 Not Eligible (Field) Canyon

Spinney Reservoir Class III Cultural Resources Survey Page | 13

Figure 10: Resources previously recorded within the 0.50-mile Visual APE.

Spinney Reservoir Class III Cultural Resources Survey Page | 14

DIRECT EFFECTS ASSESSMENT On September 23, 2015, Sarah Stephens of TEP, who meets the Secretary of the Interior’s Standards for archaeology, conducted a pedestrian inventory of the APE for direct effects, spending half a day in the field. TEP worked under the State of Colorado Archaeological Permit 2015-103. TEP used a Garmin GPS loaded with the site coordinates for direct effects to ensure coverage. Walking transects spaced no more than 10-meters apart, Ms. Stephens inventoried the proposed action area. Conditions were good for inventory, with sunny skies and temperatures in the 60’s Fahrenheit. Ground surface visibility was 50-75% percent in the proposed tower lease area, access easement, and utility easement. No artifacts, features, or other signs of cultural activities were observed. TEP recommends a finding of no historic properties present within the APE for direct effects and no further cultural resource work is necessary.

CONCLUSIONS This document summarizes the results of an archaeological inventory performed for Commnet Four Corners for the proposed new tower site, to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. This report is being submitted in compliance with the FCC’s Nationwide PA and Form 620, with additional information provided at the request of the Northern Arapaho Tribe. The cultural resource inventory and evaluation of visual effects described herein was conducted to identify any historic properties that could be adversely impacted by the proposed undertaking. No previously or newly recorded historic properties are present within the APE for direct or visual effects. Accordingly, TEP recommends that the proposed Spinney Reservoir tower project would have no effect on historic properties. Therefore, no additional cultural resource work or State-specific forms are required for this project. The lead State Historic Preservation Officer for this undertaking is the following: Mr. Edward C. Nichols History Colorado, the Colorado Historical Society 1200 Broadway Denver, CO 80202 Phone: 303-866-3355 Fax: 303-866-4464 Email: [email protected]

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REFERENCES

Baker, Steven G., Richard F. Carrillo, and Carl D. Spath 2007 Protohistoric and Historic Native Americans. In Colorado History: A Context for Historical Archaeology, edited by Minette C. Church, Steven G. Baker, Bonnie J. Clark, Richard F. Carrillo, Jonathon C. Horn, Carl D. Spath, David R. Guilfoyle, and E. Steve Cassells, pp. 29-106. Colorado Council of Professional Archaeologists.

Clark, Bonnie J. 1999 The Protohistoric Period. In Colorado Prehistory: A Context for the Platte River Basin, edited by Kevin P. Gilmore, Marcia Tate, Mark L. Chenault, Bonnie Clark, Terri McBride, and Margaret Wood, pp. 309-336. Colorado Council of Professional Archaeologists.

Conner, Carl E., Diana L. Langdon, Richard W. Ott, and Amy L. Reeder 1979 Spinney Mountain Project Cultural Resources Inventory. Grand River Institute. Submitted to R.W. Beck and Associates, Seattle.

Fowler, Loreta 2001 Arapaho. In Handbook of North American Indians: Plains Part 2, edited by Raymond J. DeMallie, pp. 840-862. Smithsonian Institute, Washington.

Gilmore, Kevin P., Marcia Tate, Mark L. Chenault, Bonnie Clark, Terri McBride, and Margaret Wood 1999 Colorado Prehistory: A Context for the Platte River Basin. Colorado Council of Professional Archaeologists.

Mehls, Steven F. 1984 Colorado Mountains Historic Context. Colorado Historic Society, Denver.

National Register of Historic Places 1999 Historic Ranching Resources of South Park, Colorado, MPS, National Register #64500744 Natural Resources Conservation Services (NRCS) 2013 Park County Soil Survey. Electronic document, http://websoilsurvey.nrcs.usda.gov/app/, accessed 28 September 2015.

Reed, Alan D. and Michael D. Metcalf 1999 Colorado prehistory: a context for the Northern Colorado River Basin. Colorado Council of Professional Archaeologists.

South Park National Heritage Area 2015 Heritage & History. Electronic document, http://www.southparkheritage.org/heritage- history, accessed 30 September 2015.

Spinney Reservoir Class III Cultural Resources Survey Page | 16

Ubbelohde, Carl, Maxine Benson, and Duane A. Smith 1995 A Colorado History. Seventh Edition. Pruett Publishing Company, Boulder.

SPINNEY RESERVOIR TOWER SITE PARK COUNTY, COLORADO NORTHERN ARAPAHO TRIBE ETHNOGRAPHIC REPORT

Prepared by: Sarah Stephens, MA, RPA

Tower Engineering Professionals, Inc. 326 Tryon Road Raleigh, NC 27603-3530

October 5, 2015

Table of Contents INTRODUCTION ...... 1 ETHNOGRAPHIC INFORMATION ...... 2 FILE SEARCH RESULTS ...... 2 CONCLUSIONS ...... 5 REFERENCES ...... 7

Spinney Reservoir Tower – Northern Arapaho Tribe Ethnographic Report Page | 1

INTRODUCTION Tower Engineering Professionals, Inc. (TEP) compiled a brief ethnographic report for the Northern Arapaho Tribe for the proposed Spinney Reservoir communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower will be located within the SW1/4-NE1/4 of Section 25, T12S, R74W, Sixth P.M. The proposed undertaking is the construction, by Commnet Four Corners, LLC, of the aforementioned 100-ft (105-ft with appurtenances) monopole tower and associated infrastructure and utility and access routes within an approximately 0.40-acre area. The proposed project site is located along an undeveloped southern-facing hillslope overlooking the Spinney Mountain Reservoir and the South Platte River. This report was written to fulfill a consultation request from the Northern Arapaho tribe.

Figure 1: Proposed project area, view south.

Spinney Reservoir Tower – Northern Arapaho Tribe Ethnographic Report Page | 2

ETHNOGRAPHIC INFORMATION The project area is located in Colorado Front Range’s hogbacks/foothills region of the eastern Southern Rocky Mountains physiographic province. This area was occupied by the Apache, Ute, Comanche, Arapaho, and Cheyenne during the protohistoric and historic periods (Clark 1999). During this time, the mountains in western Colorado were primarily controlled by the Utes, while the plains contained other groups including the Arapaho, Cheyenne, Comanche, and Kiowa. These groups seasonally visited the eastern Rocky Mountains for certain activities and resources, such as water and lithic materials. They also used basins, such as South Park, North Park, and Estes, for traveling and plentiful big-game hunting. According to Clark (1999), the Arapaho word for mountain translates to mean “game bag”. Arapaho & Cheyenne The origin of the name “Arapaho” is uncertain, but is thought to either be of Euro-American origin or Pawnee. For the Crow, “arappaho” means “many tattoo marks” and other tribes have similar folk etymologies. The Arapaho language belongs to the Algonquian subfamily and refer to themselves as “hinónˀéínoˀ”, which loosely translates to “our people” or “people of our kind” (Fowler 2001). The Arapaho Tribe historically called Colorado and Wyoming home and are believed to have migrated from the northeast due to pressure from other groups, such as the Sioux. Before moving out west, the Arapaho spoke five languages associated with five different groups. These were the Gros Ventre (beginning people), Besawuena (big lodge people), Hinanaeina, Ha’anahawunena, and Nawathinehena (south people) (Fowler 2001). The Gros Ventre formed their own tribe while the remainder groups combined to create the Arapaho, which used the Hinanaeina language. Their villages were probably set up along the Great Lakes and the upper Mississippi River region where they practiced a semi-sedentary horticulturalist lifestyle. The push south and west changed their lifestyle to nomadic buffalo hunters and by the late 1600s or early 1700s horses were introduced to the region (Ubbelohde et al. 1995). During the late 18th and early 19th centuries, the Arapaho began regular contact with Euro- Americans and “occupied lands ranging from northern New Mexico, Oklahoma, and Kansas northwards to Wyoming and South Dakota” (The Arapaho Project 2009). In 1795 the Spanish identified them as Caminabiches and living on the headwaters of the Cheyene River in western South Dakota and eastern Wyoming. A Gros Ventre map acquired by a fur trader in 1800 indicated four Arapaho groups living between the Yellowstone and Platte rivers. During this time the Arapaho had many horses, traded prairie turnip flour to the Arikara for corn, and used the Black Hills for hunting. By 1806 the Sioux began to push west and the Arapaho formed alliance with the Cheyenne (Fowler 2001). The two groups, either together or separately, in the early 1800s migrated further south along the east edge of the Rocky Mountains pushing the Kiowa and their Comanche ally south of the Arkansas River (Ubbelhode et al. 1995 and Baker et al. 2007). By around 1815 the river separated the Arapaho and Cheyenne and the Kiowa and Comanche (Ubbelhode et al. 1995).

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One of the first Euro-American confirmations that the Arapaho and Cheyenne were living and hunting in the Eastern Slope of the Rocky Mountains came in 1820 from the Stephen H. Long expedition (Ubbelohde et al. 1995). The increase in Euro-American trappers and traders in the area led to frequent unrest and conflict over land and resources. One nearby skirmish, was recorded in 1844 by John C. Fremont in South Park between the Arapaho and Ute (Clark 1999). In 1851 the Great Plains Indian council met at Fort Laramie on the North Platte in east-central Wyoming to discuss tribal boundaries. Tribes present included the Arikara, Assiniboin, Arapaho, Cheyenne, Crow, Gros Ventre, Snake, and Sioux. The Ft. Laramie Treaty defined the Arapaho boundaries as from the “Arkansas River in the south to the North Platte in the north, with the western boundary roughly along the continental divide and the eastern boundary in western Kansas and Nebraska” (The Arapaho Project 2009). Euro-Americans continued to settle on tribal land, causing some Arapaho to move north or south around the late 1850s and early 1860s. This led to the Northern Arapahoe (nenebî nennóˀ [northern men]) migrating to Wyoming and Montana and forming an alliance with the Sioux and Northern Cheyenne and the Southern Arapaho (nó wunennóˀ [southern men]) shifting to the Arkansas River (Fowler 2001). Confrontations with Euro-Americans continued to escalate. In 1860 the Southern Cheyenne and Arapaho met with the federal government and agreed to give up their previously defined territories besides a triangular shaped area between the Arkansas River and Sand Creek. Another treaty was developed, but never ratified, in 1861 with the intent to displace the Southern Arapaho from the Arkansas River. Conflicts were becoming violent and in 1864 a brutal massacre of an Arapaho and Cheyenne band in southeastern set off more attacks. The Medicine Lodge Creek Treaty was signed in 1867 and 1869, in which the Southern Cheyenne and Arapaho agreed to move to west-central Oklahoma. After their removal, the area opened up for permanent Euro- American settlement (Ubbelohde et al. 1995). Conflict was not limited to the Southern Arapaho. The Red Cloud’s War broke out with the Northern Cheyenne and Arapaho fighting the Anglos from 1865-1868 in Wyoming and Montana over hunting territory. Negotiations between the federal government and the Northern Arapaho, Cheyenne, and Sioux led to the tribes ceding much of their territory and moving onto reservations as long as they could hunt north of the Platte River and east of the Bighorn Mountains. Strife continued which led to the Battle of Little Bighorn in 1876. Two years later the Northern Arapaho agreed to move to a reservation in central Wyoming (Fowler 2001). According to the Office of Archaeology and Historic Preservation’s (OAHP) Compass: Colorado Cultural Resource Online Database, fifty (50) Ute archaeological sites have been recorded within Park County. These sites include open camps, lithic scatters, rock art, and peeled trees. No Arapaho sites have previously been recorded in the county however three (3) Cheyenne sites have been identified. These include Bent’s New Fort, Sand Creek Massacre Site, and Summitt Springs Battlefield. Some Regional Cultural Traditions The Arapaho experienced a change in lifestyle and traditions when they moved out west to Colorado. In particular, horses and migrating buffalo became an important part of their lives. In the 1830s and 1840s, the Arapaho moved in seasonal rounds in the Rocky Mountains, Estes

Spinney Reservoir Tower – Northern Arapaho Tribe Ethnographic Report Page | 4

Park, and adjacent plains areas. Horses allowed the Arapaho to easily hunt and track buffalo. They maintained large herds of horses, with about 50 per household, until the 1860s and 1870s (Fowler 2001). The Arapaho employed different techniques to hunt their prey. One of the ways they hunted buffalo was by driving the game into “buffalo traps”, or gaps, where they would wait for the game to enter and make the kill. Elk was also hunted by the Arapaho. This was typically done by driving the game off cliffs or into enclosures.

Ethnographic information highlights the traditional use of the Eastern Slope of the Rocky Mountains by the Arapaho. Evidence of this is found in their place names and histories. One example is the Arapaho name for the Big Thompson River, a tributary of the South Platte River that begins in the Rocky Mountain National Park and flows to Estes Park, is Pipe River (haatja- noont-neechee meaning “the place where pipes were made”). The name may have come from the Arapaho sitting along the river banks carving stone pipes, although the stone was not sourced there (The Arapaho Project 2009).

FILE SEARCH RESULTS TEP performed a 1-mile radius file search of OAHP’s Compass: Colorado Cultural Resource Online Database (COMPASS) on September 22, 2015 per the Northern Arapaho Tribe’s request. No historic properties or cultural resources of any kind were previously recorded within the APE for direct effects. However, five (5) previously recorded archaeological sites and six (6) previously conducted cultural resources surveys were identified within 1-mile radius of the proposed tower site (Table 1 & Figure 2). No previously recorded sites affiliated with the Arapaho were identified in the search area or in Park County. The project area was previously surveyed in 1979 by the Grand River Institute (Conner et al. 1979) as part of numerous surveys for the Spinney Mountain Project for R.W. Beck & Associates (PA.AE.R1>PA.AE.R3, PA.AE.R3, & PA.AE.S). No resources were identified in the vicinity of the proposed tower compound lease area, access easement, or utility easement. However, four (4) archaeological sites (5PA.11, 5PA.13, 5PA.17, & 5PA187) associated with the Spinney Reservoir surveys are within the 1-mile radius. Only one, 5PA.13, was determined eligible for the NRHP, but according to COMPASS has since been destroyed. A reconnaissance survey (PA.LG.R3) was performed in Park County’s southwest quadrant in 2003 by Front Range Research Associates, Inc. to evaluate previously surveyed areas and identify significant resources for future research (Simmons and Simmons 2003). This survey revisited site 5PA.187, an open camp along with a cabin, outbuildings, and ruins, but did not evaluate its NRHP eligibility. The northern part of the file search area was surveyed in 1992 for the Shepard and Associates Land project (MC.LM.R66). The survey identified archaeological site 5PA.623, an Archaic open camp, in the current search area.

Spinney Reservoir Tower – Northern Arapaho Tribe Ethnographic Report Page | 5

Table 1: Cultural Resources Recorded Previously within the Visual APE Site ID Site/Resource Type Affiliation NRHP Eligibility 5PA.11 Open lithic Unspecified Not Eligible (Field) Spinney Mountain Historic 5PA.13 Unspecified Officially Eligible Irrigation Flume Colorado Midland Railroad, Eleven 5PA.17 Unspecified Not Eligible (Field) Mile Canyon Native American- Open Camp, Historic 5PA.187 Historic, No Assessment Given Farming/Ranching European- American 5PA.623 Open Camp Archaic Officially Not Eligible

CONCLUSIONS The project area lies within the edge of the Rocky Mountains which was traversed by the Arapaho, specifically members of the group now known as the Southern Arapaho. It is possible that they may have visited the area, however no evidence has been recorded with a 1-mile radius of the proposed project or in Park County. TEP recommends that the proposed project will have no effect on cultural resources related to the Arapaho.

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Figure 2: Resources recorded previously within the Visual APE.

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REFERENCES Baker, Steven G., Richard F. Carrillo, and Carl D. Spath 2007 Protohistoric and Historic Native Americans. In Colorado History: A Context for Historical Archaeology, edited by Minette C. Church, Steven G. Baker, Bonnie J. Clark, Richard F. Carrillo, Jonathon C. Horn, Carl D. Spath, David R. Guilfoyle, and E. Steve Cassells, pp. 29-106. Colorado Council of Professional Archaeologists.

Conner, Carl E., Diana L. Langdon, Richard W. Ott, and Amy L. Reeder 1979 Spinney Mountain Project Cultural Resources Inventory. Grand River Institute. Submitted to R.W. Beck and Associates, Seattle.

Fowler, Loreta 2001 Arapaho. In Handbook of North American Indians: Plains Part 2, edited by Raymond J. DeMallie, pp. 840-862. Smithsonian Institute, Washington.

Simmons, R. Laurie and Thomas H. Simmons 2003 Reconnaissance Survey Park County, Colorado Southwest Quadrant. Front Range Research Associates, Inc. Submitted to Park County, Colorado. CLG Grant Project Number CO-02-020.

The Arapaho Project 2009 The Arapaho Project. University of Colorado. http://www.colorado.edu/csilw/newarapproj2.htm. Accessed 28 September 2015.

Ubbelohde, Carl, Maxine Benson, and Duane A. Smith 1995 A Colorado History. Seventh Edition. Pruett Publishing Company, Boulder.

OAHP1421 History Colorado-Office of Archaeology and Historic Preservation COLORADO CULTURAL RESOURCE SURVEY Cultural Resource Survey Management Information Form

I. PROJECT SIZE Total federal acres in project Total federal acres surveyed Total state acres in project 0.40 Total state acres surveyed 0.40 Total private acres in project Total private acres surveyed Total other acres in project Total other acres surveyed

II. PROJECT LOCATION County: Park USGS Quad Map: Spinney Mountain Principal Meridian: 6th Township 12S Range 74W Section 25 SW 1/4 NE 1/4 1/4 1/4 Township Range Section 1/4 1/4 1/4 1/4 Township Range Section 1/4 1/4 1/4 1/4 Township Range Section 1/4 1/4 1/4 1/4 Township Range Section 1/4 1/4 1/4 1/4

III. SITES Resource Type Eligibility Management Recommendations

Smithsonian Number Test Test Work Avoid Other Historic Historic Eligible Monitor Monitor Archival Unknown a District Prehistoric Prehistoric Excavate Excavate Research Research Preserve / Need Data No Further Not Eligible Paleontological Paleontological Contributes to to Contributes

IV. ISOLATED FINDS Resource Type Resource Type

Smithsonian Smithsonian Number Number Historic Historic Unknown Unknown Prehistoric Prehistoric Paleontological Paleontological Paleontological

SARAH STEPHENS, RPA Cultural Resources Division Manager (919) 661-6351 ext. 5309 [email protected]

PROFILE

Sarah Stephens is a Registered Professional Archaeologist (RPA) with professional experience in Section 106, Section 4(f), cultural resource management, National Register of Historic Places, report writing, GIS, archaeological and historic architectural surveys, geophysics, prehistoric ceramic analysis, along with curation. Sarah has conducted research and fieldwork in 15 states for a variety of clients including Federal Communication Commission, South Carolina Department of Transportation, U.S. Forestry Service, and a variety of other county and state governments and private agencies.

EDUCATION

May 2010 University of Mississippi, Oxford, MS M.A. in Anthropology Thesis: “The South Cape Site of Cape Girardeau, Missouri”

May 2008 Southeast Missouri State University, Cape Girardeau, MO B.S. in Historic Preservation, Minor in Archaeology Thesis: “A Social History of the Hunter Log Cabin”

TRAINING

November 2014 Society of American Archaeology Online Seminar, Online Proposal Writing for Cultural Resources Management,

November 2014 National Preservation Institute Seminar, Atlanta, GA Section 4(f) Compliance for Historic Properties

April 2014 National Preservation Institute Seminar, Austin, TX GIS: Practical Applications for Cultural Resource Projects

March 2014 National Preservation Institute Seminar, Atlanta, GA Section 106: Agreement Documents

April 2013 National Preservation Institute Seminar, Atlanta, GA Section 106: An Introduction

EMPLOYMENT

Aug. 2015- Present Tower Engineering Professionals, Inc., Raleigh, NC. Cultural Resources Division Manager

Jan. 2013 – Jul. 2015 South Carolina State Historic Preservation Office, Columbia, SC. Review Coordinator for Transportation Projects & GIS Coordinator

Jun.-Dec. 2012 URS, Burlington, NJ Office S t e p h e n s | 2

Crew Chief

May 2012 TRC, Lanham, MA Office Field Technician

Mar. 2011- Apr. 2012 New South Associates, Inc., Columbia, SC Office Staff Archaeologist & Assistant Historian

Oct. 2010-Mar. 2011 New South Associates, Inc., Columbia, SC Office Field Technician

Aug.-Oct. 2010 John Milner Associates, Inc., Alexandra, VA Office Field Technician

Jun.-Aug. 2010 Southeast Missouri State University, Cape Girardeau, MO Field School Teaching Assistant

Oct. 2009- Feb. 2010 Jay K. Johnson, Oxford, MS Field Technician

May 2007- Jan. 2008 St. Louis Army Corps of Engineers, Mandatory Center of Expertise for the Curation and Management of Archaeological Collections Intern

PROJECT EXPERIENCE

2015 Field Director. Phase I Archaeological Assessments for Communication Towers in Colorado, Florida, Georgia, North Carolina, South Carolina, Virginia, and West Virginia. Conducted for Federal Communications Commission.

2012 Crew Chief. Phase I Archaeological Survey for the Constitution Pipeline, Pennsylvania and New York.

2012 Field Technician. Phase II Archaeological Investigation in Martinsburg, West Virginia. Conducted for the West Virginia Department of Transportation.

2011-2012 Field Director. Various small projects in South Carolina (airport surveys, monitoring, and South Carolina Department of Transportation (SCDOT) bridge replacements and roadway improvements).

2012 Field Technician. GPR Survey at Fort Donelson, Tennessee. Conducted for the National Park Service.

2012 Field Director. Phase I Archaeological Survey of US15-378 Road Improvements, Sumter County, South Carolina. Conducted for SCDOT.

2012 Field Director. Phase I Archaeological Survey of Camden Truck Routes, Kershaw County, South Carolina. Conducted for SCDOT.

2012 Field Director. Phase I Archaeological Survey of Bishopville Bypass Alternative, Lee County, South Carolina. Conducted for SCDOT.

S t e p h e n s | 3

2012 Architectural Historian. Cultural Resource Survey of the Proposed Widening to S- 29/South Cashua Drive, Florence County, South Carolina. Conducted for SCDOT.

2011 Assistant Historian. Historic Architectural Survey for US 158 Improvements in Forsyth and Guilford Counties, North Carolina. Conducted for NCDOT.

2011 Field Director. Phase I Archaeological Survey of the Proposed Improvements to Coleman Boulevard, Charleston County, South Carolina. Conducted for SCDOT.

2011 Field Technician. Little Orleans, Maryland GPR survey and Rose Hill in Winchester, Virginia magnetometer survey for Elizabeth Anderson Comer/Archaeology.

2011 Field Director. Archaeological Survey for the Coastal Carolina Airport Expansion near New Bern, Craven County, North Carolina. Conducted for the Coastal Carolina Airport Authority.

2011 Field Director. Phase I Archaeological Survey for SC 90 over CSX and NS Railroad, Newberry, South Carolina. Conducted for SCDOT.

2011 Field Director. Phase I Archaeological Survey of SC 51, Florence County, South Carolina. Conducted for SCDOT.

2011 Field Technician. Phase I Archaeological Survey on Wallops Island, Virginia. Conducted for NASA.

2011 Field Technician. Phase II Archaeological Investigation at Ft. Stewart, Georgia.

2010-2011 Field Technician. Phase I Archaeological Survey of Ft. Stewart, Georgia.

2010 Field Technician. Phase I Archaeological Survey of the McLeod Plantation, Charleston, South Carolina.

2010 Field Technician. Phase I Archaeological Survey of Ft. Bragg, North Carolina. Conducted for Army Environmental Command.

2010 Field Technician. Phase II Archaeological Investigation of Fort Jackson, Venice, Louisiana.

2010 Field School Teaching Assistant. South Cape Site in Cape Girardeau, MO and Kincaid Mounds in Brookport, IL for Southeast Missouri State University.

2009 Field Technician. Phase I Archaeological Survey for the Golden Triangle Airport, Columbus, Mississippi.

2009 Field Technician. Phase III Data Recovery in Tupelo, Mississippi. Conducted for Mississippi Department of Transportation (MSDOT).

REPORTS AND PUBLICATIONS

TECHNICAL REPORTS

2012 Ciomek, Summer and Sarah Stephens. Phase I Cultural Resource Survey of US15-378 Road Improvements, Sumter County, South Carolina.

2012 Adams, Natalie, Kristie Lockerman, Sarah Stephens, and Stacey Young. Phase I Cultural Resource Survey of Camden Truck Routes, Kershaw County, South Carolina.

S t e p h e n s | 4

2012 Lockerman, Kristie and Sarah Stephens. Phase I Cultural Resource Survey of Bishopville Bypass Alternatives, Lee County, South Carolina. Report Submitted to Dyer, Riddle, Mills, & Precourt, Inc.

2012 Stephens, Sarah. Phase I Cultural Resources Survey of the Proposed Widening of S- 29/South Cashua Drive, Florence County, South Carolina. Report Submitted to Wilbur Smith Associates.

2011 Ciomek, Summer and Sarah Stephens. Phase I Cultural Resource Survey of the Proposed Improvements to Coleman Boulevard, Charleston County, South Carolina. Report Submitted to Dennis Corporation.

2011 Adams, Natalie P, Tracy Martin, Patrick Sullivan, and Sarah Stephens. Addendum Report: Cultural Resources Survey of Approximately 1,161 Acres: Haile Gold Mine. Report submitted to Haile Gold Mine.

2011 Martin, Tracy, and Sarah Stephens. Phase I Archaeological Survey of 40 Acres of the New Seabrook Tract, Beaufort County, South Carolina. Report submitted to Spartan Group.

2011 Stephens, Sarah. Literature Search for the Proposed US 17 Median Consolidations, Georgetown County, South Carolina Letter Report. Report Submitted to Stantec Engineering

2011 Lockerman, Kristie and Sarah Stephens. Phase I Cultural Resource Survey of Salters Road Improvements, Greenville County Short Form. Report submitted to the South Carolina Department of Transportation.

2011 Stephens, Sarah. Phase I Archaeological Survey of the Proposed Expansion of a Long Term Parking Lot at the Greenville-Spartanburg Airport, Letter Report. Report submitted to LPA Group.

2011 Lockerman, Kristie and Sarah Stephens. Phase I Cultural Resources Survey of SC 90 over CSX and NS Railroad. Report Submitted to LPA Group.

2011 Lockerman, Kristie and Sarah Stephens. Phase I Cultural Resources Survey of the Proposed Widening of US Highway 51/Pamplico Highway. Report submitted to LPA Group.

2011 Stephens, Sarah and Kristie Lockerman. Phase I Cultural Resource Survey SC 97 over Rocky Creek near Great Falls, South Carolina Short Form. Report submitted to the South Carolina Department of Transportation.

2011 Stephens, Sarah. Phase I Archaeological Survey of the Proposed Aiken Municipal Airport Runway Improvements, Aiken Letter Report. Report submitted to the LPA Group.

2011 Stephens, Sarah. Phase I Cultural Resource Survey S-28-20 over Little Lynches River Bridge Replacements, Kershaw County Short Form. Report submitted to the South Carolina Department of Transportation

PROFESSIONAL PRESENTATIONS & ARTICLES

2014 Herman Wiley Ronnenburg, “Material Culture of Breweries (Guide to Historical Artifacts)”. Book review published in South Carolina Antiquities, Winter 2014, Volume 46.

S t e p h e n s | 5

2014 South Carolina Army National Guard (SCARNG) Panel: The Current State of Rural Household Archaeology in the Southeast: Best Practices. Panelist at the 71st Southeastern Archaeology Conference, November 12-15th, Greenville, SC.

2013 “Ceramics, Chronology, and Context: The South Cape Site”. Published in the Missouri Archaeological Society Quarterly, Volume 30, Number 3.

2012 Angela Pulley Hudson, “Creek Paths and Federal Roads: Indians, Settlers, and Slaves and the Making of the South”. Book review published in Southeastern Archaeology, Winter 2012, Volume 31, Number 2.

2012 Lynne P. Sullivan and Robert C. Mainfort Jr., Editors, “Mississippian Mortuary Practices: Beyond Hierarchy and the Representationist Perspective”. Book review published in South Carolina Antiquities, Winter 2012, Volume 44

2011 “Revisiting the South Cape Site of Southeast Missouri”. Paper presented at the Missouri Archaeological Conference, April 9, Springfield, MO

2009 “Examining Past Collections: The South Cape Site of Southeast Missouri”. Paper presented at the 63rd Southeastern Archaeological Conference, November 4th–7th, Mobile, AL

2009 “Old Collections and New Finds at the South Cape Site, Missouri”. Tamira K. Brennan, second author. Paper presented at the Kincaid Field Conference, July 25th, Metropolis, IL

2007 “Contextualizing Archival Collections: New York African Burial Ground”. Paper presented at the National Great Rivers Research and Education Center Student Symposium, August 1st, Alton, IL

OTHER PUBLICATIONS

2014 Callawassie Sugar Works, Beaufort County, South Carolina, National Register of Historic Places Nomination Form. Listed May 27, 2014

2013 Historical Context for South Carolina Tobacco Barns, SC State Historic Preservation Office

2013 Guidelines for Surveying Post-World War II Neighborhoods and Residences, SC State Historic Preservation Office

PROFESSIONAL MEMBERSHIPS AND REGISTRATIONS

2011- Present Registered Professional Archaeologist (RPA)

2010- Present Southeast Archaeological Conference (SEAC) Member

2011- Present Council of South Carolina Professional Archaeologists (COSCAPA) Member

2012- Present Archaeological Society of South Carolina (ASSC) Interim Vice President & Newsletter Editor

2008- Present Archaeological Society (MAS) Member

FEDERAL COMMUNICATIONS COMMISSION Wireless Telecommunications Bureau 1270 Fairfield Road Gettysburg, PA 17325-7245

NOTICE OF ORGANIZATION(S) WHICH WERE SENT ReferencePROPOSED TOWER CONSTRUCTION NOTIFICATION Copy INFORMATION

Date: 06/26/2015 TEP FOR COMMNET FOUR CORNERS, LLC Reference Number: 326 TRYON ROAD RALEIGH, NC 27603

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 FCCs Declaratory Ruling released on October 6, 2005 (FCC 05-176).

Page 1 of 9 FCC 680 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 2 Reference Copy 1. THPO - Erich Longie - Spirit Lake Nation - Fort Totten, ND - - electronic mail and regular mail Details: Spirit Lake Nation

Submit Proposed Projects to: cms.spiritlakeconsulting.com

Summary of Information Required: We require the complete results of the file search of the area of potential effect. Nearly every single Native cultural resource that is identified by archaeologists is recorded as unevaluated and needing further evaluation. We require you to send ALL KNOWN sites identified in the complete file search - even the unevaluated, undetermined, and recommended ineligible sites.

Complete Class I Cultural Inventory if fieldwork was not done. Complete Class III Cultural Resource Inventory Report if it was done. This should include a list of all identified sites, their resource type, distance away from the project, National Register eligibility determination if one has been made, SHPO file number, and site name. Werequire the same information of all newly recorded cultural resources identified for the current undertaking as well.

We require the location of the proposed project, the area of direct effect and area of potential effect, topographical maps, and photographs.

Current Fee Schedule: $400 per tower and PTC batches are $400 for the first tower and $250 per additional towers in the batch

Checks: payable to the Spirit Lake THPO Office and mailed to PO Box 198, Fort Totten, North Dakota 58335

2. THPO - Darrell Zephier - Crow Creek Sioux Tribal Council - Fort Thompson, SD - - electronic mail and regular mail Details: A research and review fee in the amount of $500 plus a 10 percent administrative fee in the amount of $50 is due ($550 total) for each TCNS notification. If we need to provide a monitor for the proposed project, an additional fee may be due.

Please send a check in the amount of $550 made payable to "The Crow Creek Sioux Tribe" to:

Darrell Zephier, THPO Crow Creek Sioux Tribe P.O. Box 286 Fort Thompson, South Dakota 57339

Please contact us for further information. Thank you!

Darrell Zephier, THPO (605) 245-2221 [email protected]

FCC 680 Page 2 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 3 Reference Copy 3. THPO - Randy Teboe - Ponca Tribe of Nebraska - Niobrara, NE - - electronic mail and regular mail Details: Please be advised the Ponca Tribe of Nebraska's THPO program requires a non-fundable Research Service Fee of $200.00. The Research Service Fee needs to be paid prior to researching and responding to your request. Please make checks payable to the PTN THPO Program.

Additionally, we require topographic maps specifying the Area of Potential Effect (APE) and location of the proposed site, street view map, clear photographs of any affected structures, and description of work to be preformed pretaining toearth disturbing activities including depth and breadth of the disturbance. Preferably, we would like to see a Cultureal Resource Survey of the APE endorsed by an archeological survey firm.

Hardcopies of the documents and the fee(s) will be sent together to the Ponca Tribe of Nebraska's THPO to the addressed that is provided.

4. THPO Technician - Joanna Dykehouse - Jicarilla Apache Nation - Dulce, NM - - regular mail

5. NAGPRA Coordinator - Alden Naranjo - Southern Ute Tribe - Ignacio, CO - - electronic mail and regular mail Details: Under the following 6 conditions, the Southern Ute Indian Tribe does not need to review the proposed tower (PLEASE NOTE THAT THE FORM 620 IS MANDATORY IF THE PROPOSED TOWER NEEDS TO BE REVIEWED. IF YOU DO NOT SEND US THE FORM 620 FOR TOWERS THAT NEED TOBE REVIEWED, PLEASE CONSIDER THE MATTER TO BE AN OPEN MATTER, AND DO NOT PROCEED WITH CONSTRUCTION. WE WILL NOT MAKE ANY DETERMINATIONS UNTIL WE ARE ABLE TO REVIEW THE FORM 620):

The Southern Ute Indian Tribe does NOT need to review proposed extensions to increase the height of already existing towers.

The Southern Ute Indian Tribe does NOT need to review proposed collocations on already existing towers.

The Southern Ute Indian Tribe does NOT need to review proposed structures that are to beplaced on rooftops.

The Southern Ute Indian Tribe does NOT need to review proposed structures that are within a city's limits, if the proposed structure is to be located on a disturbed road that has already been gravelled.

The Southern Ute Indian Tribe does NOT need to review proposed structures that are to be placed on pastures that have already been plowed or cultivated.

The Southern Ute Indian Tribe does NOT need to review proposed structures that are merely extensions inheight of an already existing structure.

For all other proposed areas, the Southern Ute Indian Tribe DOES NEED a copy of the Form 620. Please send the Form 620 via regular mail and be sure to INCLUDE THE FAX # of the company in order to receive a reply:

FCC 680 Page 3 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 4 Reference Copy Alden Naranjo, NAGPRA Coodinator, P.O. Box 737, Mail Stop #73, Ignacio, Colorado 81137

If the applicant/tower builder receives no response from the Southern Ute Indian Tribe within 30 days AFTER YOU HAVE SENT THE FORM 620 to the Tribe (including color photographs and resumes), then the Southern Ute Indian Tribe has no interest in participating in pre-construction review for the site.

6. THPO Assistant - Kelly Glancy - Comanche Nation - Lawton, OK - - regular mail Details: The Comanche Nation Historic Preservation Office does not need to review the following types of projects; those that have already been evaluated by the Comanche Nation involving pre-existing above-ground feature additions or modifications(unless there isan increase in height), and those that have already been evaluated by the Comanche Nation within the city limits on a previously disturbed site.

If the proposed project does not meet one of the aforementioned conditions, the Comanche Nation Historic Preservation Office requires the following items; photographs taken of all 4 directions (north, south, east and west) from the center of the project site (where possible), legal description of the proposed site (i.e.; section, range, township, etc.) and any existing archeological/environmental reports or surveys relating to the site. We do not require, but request that you provide us with an aerial view of the proposed site if possible.

Due to the heavy volume of requests, we can no longer accept email requests.

Please send all materials to the Comanche Nation Historic Preservation Office, C/O Kelly Glancy, #6 SW 'D' Avenue, Suite 'C', Lawton, Oklahoma 73501 via regular or express mail, with a $500 review fee, per project (payable to the Comanche Nation Historic Preservation Office). Please note on the cashier s check/money order (or on an attachment), the TCNS Number/Project Name that the review fee is being provided for. Upon receipt of review fee, the Comanche Nation Historic Preservation Office will promptly respond to your review request.

Note: If the Comanche Nation Office of Historic Preservation has commented previously on the project under requested review, inform us of the date in the body of the review request, and you will not be assessed a review fee. If you are in need of additional information you may contact us directly at (580) 595-9960 or 9618 for clarification. In addition, this message serves as the 'Official' Notice from the Comanche Nation Historic Preservation Office andcan be printed for your records, if necessary.

Thank you!

Sincerely, Jimmy W. Arterberry, THPO

7. THPO - Andrew Willey - Cheyenne-Arapaho Tribes of Oklahoma - Concho, OK - - electronic mail and regular mail Details: The consultation process is greatly expedited if: a) documents are submitted via email in pdf format, and b) the subject line contains the TCNS#.

Information should include archaeological report, cultural resources report, SHPO report, topographic map, and color photograph of proposed project.

FCC 680 Page 4 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 5 Reference Copy If the project is a rebuild or replacement, modification, or proposed project on pre-existing structure with no ground disturbance, the applicant need only send a brief letter with a general description oftheundertaking, a map, and at least one site photograph showing the project site in its landscape setting.

There is a consultation fee of $500 for review of the tower reports. Please make the $500 check payable to 'The Cheyenne and Arapaho Tribes'. Write the words 'Cheyenne and Arapaho Tribes THPO' in the memo line on the check. Mail the check to: The Cheyenne and Arapaho Tribes, THPO at P.O. Box 167, Concho, OK 73022. Once the fee is received the project will be reviewed.

The rate for review feesfor non-excluded PTC tower projects is $500 for the first tower, and $150 for each additional non-excluded PTC tower.

All information submitted should be sent in pdf format via email to Willey, Andrew K., THPO, Cheyenne and Arapaho Tribes ([email protected]) cc: [email protected]

8. - Darrin Cisco - Apache Tribe of Oklahoma - Anadarko, OK - - electronic mail and regular mail Details: The Apache Tribe of Oklahoma wishes to exercise its sovereign nation rights and participate in Section 106, NHPA Review of all TCNS/FCC tower construction activities planned or occurring in the Apache Tribe's listed Areas of Cultural Affiliation and Interest. All communications regarding this Section 106 review will be sent to the attention of Mr. Darrin Cisco at [email protected] or mailed to: Darrin Cisco, PO Box 1330, Anadarko, Oklahoma 73005. Telephone: 405-247-1066. Review, research and documentation of each compliance review will adhere to the FCC Best Practices agreement and the Apache Tribe will charge a $500.00 fee.

9. THPO - Emerson Bull Chief - Crow Tribe - Crow Agency, MT - - electronic mail and regular mail Details: The Crow Tribe handles TCNS matters through our Tribal Nation's website. Please consult crowthpo.org for further information. Sincerely, Emerson Bull Chief, THPO [email protected]

10. THPO - Michael Blackwolf - Fort Belknap Indian Community - Harlem, MT - - electronic mail and regular mail Details: Fort Belknap Tribal Historic Preservation Office (THPO) charges a $400.00 consultation fee for each TCNS notification. Please submit payment to: Fort Belknap Indian Community-THPO 656 Agency Main St Harlem, MT 59526 Please reference account # 1051-5000-400-000-99 on all checks.

FCC 680 Page 5 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 6 Reference Copy Please email archaeology reports for review to THPO Preservation Officer, Michael Black Wolf: [email protected]

Should you have any questions please call the Fort Belknap THPO: 406-353-8471

11. THPO - Wilfred Ferris - Eastern Shoshone Tribe - Fort Washakie, WY - - electronic mail and regular mail Details: The Eastern Shoshone Tribe has established a new online procedure for FCC TCNS review/consultation. Online submissions can now be completed at http://app.tribal106.com

Based on the location of the proposed project and the pole(s) that you will be constructing as part of the Section 106 process in our particular aboriginal homelands, we are REQUESTING TO BE CONSULTED on this proposed project.

Please utilize the Tribal 106 NHPA consultation processing system website. Online submissions can be completed at http://app.tribal106.com

The Eastern Shoshone Tribe through the Historic Preservation Department has established a fee of $400.00 per consultation. We are only accepting checks at this time. If you have questions, please feel free to contact Mr. Wilfred Ferris, III THPO at [email protected]

Sincerely, Wilfred J. Ferris, III, THPO Eastern Shoshone Tribe

12. THPO - Yufna Soldier Wolf - Northern Arapaho - St. Stephens, WY - - electronic mail and regular mail Details: The Northern Arapaho Tribe requests no emails of reports and requests but a hard copy or a CD with the following:

PLEASE SEND AN ARCHAEOLOGICAL SURVEY OR SITE INVENTORY/MAP FOR THE AREA WITHIN 1 MILE OF THE APE FOR PRE-CONSTRUCTION AND COLLOCATION PROJECTS. The request gives the tribe an opportunity to comment on past projects that are now proposed as collocation projects.

The Northern Arapaho Tribe requests a legal description of the proposed site (township, range, section and topo map name).

The Northern Arapaho Tribe requests a chronology if sites are within the 1 mile radius of the APE.

The Northern Arapaho Tribe requests information of Native American tribes identified having traditional use within the 1 mile radius of the APE. Ethnographic reports for the Arapaho are requested.

The Northern Arapaho tribe may request a site visit for areas of significance to the tribe's history.

There is a consultation fee of $400 for review of the tower reports. Please make the $400 check payable to 'The Northern

FCC 680 Page 6 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 7 Reference Copy Arapaho Tribe.' Write the words 'Northern Arapaho THPO' in the memo line on the check. Mail the check to: 'The Northern Arapaho Tribe, THPO' at P.O. Box 67, St. Stephens, WY 82524. ATTN: Yufna Soldier Wolf. Once the fee is received the project will be reviewed. Please include the TCNS number on all correspondence. Thank you! Sincerely, Yufna Soldier Wolf, THPO [email protected]

13. Cultural Rights & Protection Director - Betsy Chapoose - Ute Indian Tribe - Ft. Duchesne, UT - - electronic mail and regular mail

14. THPO - James Walks Along - Northern Cheyenne Tribe - Lame Deer, MT - - electronic mail and regular mail Details: The Northern Cheyenne Tribe has an interest in this site.

The Northern Cheyenne Tribe requirement for consultation is digitally through our website. Our website is http://cms.cheyennenation.com For organization, documentation, and financial regulation, all projects must be processed through our website. We do not accept paper or emailed submissions.

Our tribe requires the Cultural Resource or Archaeological Survey Reports completed for the project, such as the Class III Cultural Resource Inventory Report if done, or at least a Class I Cultural Inventory if fieldwork was not required. This report should include ALL known sites within the designated area of potential effect. This includes NOT ONLY the listed and eligible sites, we want the unevaluated and recommended not eligible sites included as well.

This report should include the previously located cultural resource designation, distance from the project, and National Register eligibility determination, if a determination has been made. No determination is fine if the site has not been evaluated, but we still want to see the information on these sites. Please include the resource type, such as historic irrigation, homestead, lithic scatter, burial mound, etc.

Each report should include maps that show the location of the proposed project and topographic features of the proposed project area. Each map should show the standard Area of Potential Effects as determined by the height of the tower and the FCC's Nationwide Programmatic Agreement.

When SHPO site files are referenced, please include the SHPO's file number, site name, and a brief narrative summary as to the type of site. The summary should be sufficient to enable the reader to understand why the site was documented. We would also like to know how far the site is from the project. Each report should include photographs of the tower and the surrounding landscape.

The Tribe does not consider predictive modeling to be adequate in the identification of cultural resources. Literature review, aerial photographs, and statistical probability are not a replacement for boots on the ground.

The Northern Cheyenne Nation has a long and rich history in the area including oral histories going back millennia. Under 36 CFR 800 .4 we have the right to evaluate federal undertakings with the potential to effect cultural resources. Our unique knowledge of sites and their potential significance under the National and Tribal Register make it essential for us to evaluate all sites within the area of potential effect.

FCC 680 Page 7 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 8 Reference Copy Also, please include a summary of all newly recorded cultural resources identified for the current undertaking.

If a full Class III survey report was not required, please state the reason why one is not attached, such asno new ground disturbance. Otherwise the processing of the project will be held up while we try to locate a report on the project. Even if fieldwork was not required, could you please send us a Class I file search of all know sites in the surrounding area.

The Tribe charges a review fee in the amount of $400 for processing each request, including colocations - since we were not at the table to begin with on these colocation projects, we want to make sure we have the opportunity to look at these nowand get that history known.

This paragraph only applies to Positive Train Control Projects. The Tribe charges $400 plus $250 for each additional tower listed under one TCNS for the current PTC batching method.

Payments can be made by check or money order, made payable to the Northern Cheyenne Tribal Historic Preservation Office, and mailed to PO Box 128, Lame Deer, Montana 59043. Please include the TCNS in the memo line of your check.

If you have any questions or need more information pleasecall the Tribal Historic Preservation Office at 406-477-4838.

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), with a Submission Packet pursuant to Section VII.A of the NPA.

15. Deputy SHPO - Carol Griffith - Arizona State Parks - Phoenix, AZ - - electronic mail

16. Deputy SHPO - William Collins - Arizona State Parks - Phoenix, AZ - - electronic mail

17. SHPO - Edward Nichols - History Colorado - Denver, CO - - regular mail

18. SHPO - Bob Blackburn - Oklahoma Historical Society - Oklahoma City, OK - - regular mail

Please be advised that the FCC cannot guarantee that the contact(s) listed above opened and reviewed an electronic or regular mail notification. The following information relating to the proposed tower was forwarded to the person(s) listed above:

Notification Received: 06/23/2015 Notification ID: 128366

FCC 680 Page 8 of 9 May 2014 Letter to TEP for Commnet Four Corners, LLC Ryan A Malek Date:06/26/2015 Page 9 Reference Copy Tower Owner Individual or Entity Name: TEP for Commnet Four Corners, LLC Consultant Name: Ryan Malek P.O. Box: Street Address: 326 Tryon Road City: Raleigh State: NC Zip Code: 27603 Phone: 919-661-6351 Email: [email protected] Structure Type: MTOWER - Monopole Latitude: 38 deg 58 min 43 sec N Longitude: 105 deg 37 min 1.8 sec W Location Description: Spinney Mountain Access Road City: Hartsel State: COLORADO County: PARK Detailed Description of Project (Optional): Ground Elevation: 2,707.5 meters Support Structure: 30.5 meters above ground level Overall Structure: 32.0 meters above ground level Overall Height AMSL: 2,739.5 meters above 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). To provide quality service and ensure security, all telephone calls are recorded.

Thank you, Federal Communications Commission

FCC 680 Page 9 of 9 May 2014 Ryan Malek

From: [email protected] Sent: Tuesday, October 06, 2015 10:08 AM To: Ryan Malek Subject: New form submission to The Spiritlake Nation

Hello Ryan, thank you for your recent form submission to the Spiritlake Tribal Historic Preservation Department. We will be looking over this shortly and will get back to you as soon as we can.

The unique ID for your project, Spinney Reservoir, is: thpo5613d5a6b336d

Please include this with any questions you may have via email

Submission summary:

Your Name: Ryan Malek Your Phone: 9196616351 Your Email: [email protected] Your Project: Spinney Reservoir Project Description: Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06- acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5-mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure. \r\n\r\nThe approximate coordinates of the tower location are as follows:\r\n\r\nLatitude: 38º 58’ 43.04” (NAD 83)\r\nLongitude: 105º 37’ 1.81” (NAD 83)\r\n\r\nMs. Sarah Stephens, a Secretary of Interior qualified archaeologist and architectural historian, of TEP conducted a Class III Cultural Resource Survey and literature review for the proposed direct and visual effects APEs. TEP completed a file search utilizing the Office of Archaeology and Historic Preservation’s (OAHP’s) COMPASS database of cultural resources on September 21, 2015 for the direct effects APE and the 0.5-mile visual effects APE. The file search suggested that one (1) previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17), and three (3) previously conducted cultural resources surveys associated with the Spinney Mountain Project, were previously conducted in the 0.5-mile APE for visual effects. However, no historic properties or cultural resources of any kind, were previously recorded within the direct effects APE. According to the COMPASS 1 results, the aforementioned previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17) was determined not eligible for the NRHP and is reportedly partially underwater in the visual APE. Therefore, the site is not considered to be a Historic Property per Section VI.D.1.a of the NPA. \r\n\r\nFurther, Ms. Sarah Stephens of TEP conducted an intensive Class III pedestrian inventory of the direct effects APE on September 23, 2015 which consisted of walking transects spaced no more than 10-meters apart. Ms. Stephens inventoried the proposed tower compound lease area, access easement, and utility easement. She noted that inventory conditions were good and ground surface visibility was 50-75% percent in the proposed tower compound lease area and utility easement. No artifacts, features, or other signs of cultural activities were observed. TEP recommends a finding of no historic properties present within the APEs for direct effects and visual effects.

Additional Project Description: Review fee check mailed 10-6-15

Files Attached: TCNS # 128366 Attachments.pdf, , Submission Date: 2015/10/06 08:07:34 Your TCNS Number: 128366 Number of Exempt PTC Towers: Number of NON Exempt PTC Towers:

------Invoice for project: thpo5613d5a6b336d

The total consultation fee due: $400

Please submit payment payment via check to:

Spiritlake Tribal Historic Preservation Office Spiritlake THPO Office P.O. Box 198 Ft. Totten ND 58335

------Please contact our portal administrator if any of the project details are incorrect in the summary above or are empty and should contain values! Portal Administrator: [email protected] [email protected]

October 6, 2015

Crow Creek Sioux Tribe P.O. Box 286 Fort Thompson, SD 57339

Attention: Mr. Darrell Zephier - THPO

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Zephier:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5-mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Ms. Sarah Stephens, a Secretary of Interior qualified archaeologist and architectural historian, of TEP conducted a Class III Cultural Resource Survey and literature review for the proposed direct and visual effects APEs. TEP completed a file search utilizing the Office of Archaeology and Historic Preservation’s (OAHP’s) COMPASS database of cultural resources on September 21, 2015 for the direct effects APE and the 0.5-mile visual effects APE. The file search suggested that one (1) previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17), and three (3) previously conducted cultural resources surveys associated with the Spinney Mountain Project, were previously conducted in the 0.5-mile APE for visual effects. However, no historic properties or cultural resources of any kind, were previously recorded within the direct effects APE. According to the COMPASS results, the aforementioned previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17) was determined not eligible for the NRHP and is reportedly partially underwater in the visual APE. Therefore, the site is not considered to be a Historic Property per Section VI.D.1.a of the NPA.

Further, Ms. Sarah Stephens of TEP conducted an intensive Class III pedestrian inventory of the direct effects APE on September 23, 2015 which consisted of walking transects spaced no more than 10- meters apart. Ms. Stephens inventoried the proposed tower compound lease area, access easement, and utility easement. She noted that inventory conditions were good and ground surface visibility was 50- 75% percent in the proposed tower compound lease area and utility easement. No artifacts, features, or other signs of cultural activities were observed. TEP recommends a finding of no historic properties present within the APEs for direct effects and visual effects.

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Crow Creek Sioux Tribe to confirm our findings. A copy of the Cultural Resource Report, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Ponca Tribe of Nebraska P.O. Box 288 Niobrara, NE 68760

Attention: Mr. Randy Teboe - THPO

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Teboe:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Ponca Tribe of Nebraska to confirm our findings. A copy of the Class III Cultural Resource Survey, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Southern Ute Tribe P.O. Box 737, Mail Stop #73 116 Capote Drive Ignacio, Colorado 81137

Attention: Mr. Alden Naranjo – NAGPRA Coordinator

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Naranjo:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. A copy of the Cultural Resource Report, FCC 620, pertinent USGS topographic map, site photographs, and site plans have been included for your review. Pursuant to your standing request via TCNS, if TEP does not receive a response from the Southern Ute Tribe within 30 days of the date of this letter, we will assume that you have no interest in pre-construction review for this site.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Comanche Nation Historic Preservation Office #6 SW ‘D’ Avenue, Suite C Lawton, Oklahoma 73501

Attention: Ms. Kelly Glancy – THPO Assistant

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Ms. Glancy: Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5-mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Comanche Nation to confirm our findings. A copy of the Class III Cultural Resource Survey, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Cheyenne – Arapaho Tribes Tribal Historic Preservation Office 100 Redmoon Circle Concho, OK 73022

Attention: Mr. Andrew Willey

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Willey:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Cheyenne-Arapaho Tribes to confirm our findings. A copy of the Cultural Resource Report, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Apache Tribe of Oklahoma P.O. Box 1330 Anadarko, OK 73005

Attention: Mr. Darrin Cisco

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Cisco:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Apache Tribe of Oklahoma to confirm our findings. A copy of the Cultural Resource Report, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] Ryan Malek

From: Crow THPO [[email protected]] Sent: Tuesday, October 06, 2015 10:10 AM To: Ryan Malek Subject: Crow THPO Form Auto Responder

Question Answer Submission ID: 319949793411813696 Date: 10/06/2015 10:07 Real Name (F M L): Ryan Adam Malek Requesting Organization: Tower Engineering Professionals, Inc. Email: [email protected] Address1: 326 Tryon Road Address2: City: Raleigh State: NC Zip: 27603 Office Phone #: Mobile Phone #: Fax #: Project Name: Spinney Reservoir TCNS #: 128366 Government Agency Involved: FCC Describe the project: Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5-mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

Ms. Sarah Stephens, a Secretary of Interior qualified archaeologist and architectural historian, of TEP

1 conducted a Class III Cultural Resource Survey and literature review for the proposed direct and visual effects APEs. TEP completed a file search utilizing the Office of Archaeology and Historic Preservation’s (OAHP’s) COMPASS database of cultural resources on September 21, 2015 for the direct effects APE and the 0.5-mile visual effects APE. The file search suggested that one (1) previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17), and three (3) previously conducted cultural resources surveys associated with the Spinney Mountain Project, were previously conducted in the 0.5-mile APE for visual effects. However, no historic properties or cultural resources of any kind, were previously recorded within the direct effects APE. According to the COMPASS results, the aforementioned previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17) was determined not eligible for the NRHP and is reportedly partially underwater in the visual APE. Therefore, the site is not considered to be a Historic Property per Section VI.D.1.a of the NPA.

Further, Ms. Sarah Stephens of TEP conducted an intensive Class III pedestrian inventory of the direct effects APE on September 23, 2015 which consisted of walking transects spaced no more than 10-meters apart. Ms. Stephens inventoried the proposed tower compound lease area, access easement, and utility easement. She noted that inventory conditions were good and ground surface visibility was 50-75% percent in the proposed tower compound lease area and utility easement. No artifacts, features, or other signs of cultural activities were observed. TEP recommends a finding of no historic properties present within the APEs for direct effects and visual effects.

Describe any previous disturbance: N/A. Recreational land use associated with State Park. Land Ownership: Private File1 to Upload TCNS # 128366 Attachments.pdf File2 to Upload File3 to Upload

October 6, 2015

Fort Belknap Indian Community 656 Agency Main Street Harlem, MT 59526

Attention: Mr. Michael Blackwolf - THPO

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Mr. Blackwolf:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Fort Belknap Indian Community to confirm our findings. A copy of the Cultural Resource Report, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Northern Arapaho Tribe Tribal Historic Preservation Office P.O. Box 67 St. Stephens, WY 82524

Attention: Ms. Yufna Soldier Wolf - THPO

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Ms. Soldier Wolf:

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, it is the position of TEP that the proposed tower site will have no effect on Historic Properties listed on, or eligible for listing on the National Register of Historic Places and does not appear to pose a threat to affect Native American sites of religious or cultural significance. However; we are requesting a letter from the Northern Arapaho Tribe to confirm our findings. A copy of the Cultural Resource Report, Ethnographic Report with 1-mile search radius, pertinent USGS topographic map, site photographs, and site plans have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected] Ryan Malek

From: [email protected] Sent: Tuesday, October 06, 2015 10:27 AM To: Ryan Malek Subject: New form submission to The Northern Cheyenne

Hello Ryan, thank you for your recent form submission to the Northern Cheyenne Tribal Historic Preservation Department. We will be looking over this shortly and will get back to you as soon as we can.

The unique ID for your project, Spinney Reservoir, is: thpo5613da219979f

Please include this with any questions you may have via email

Submission summary:

Files Attached: TCNS # 128366 Attachments.pdf, , Submission Date: 2015/10/06 08:26:41 Your TCNS Number: 128366 Number of Exempt PTC Towers: Number of NON Exempt PTC Towers:

------Invoice for project: thpo5613da219979f

The total consultation fee due: $400

Please submit payment payment via check to:

Northern Cheyenne Tribal Historic Preservation Office P.O. Box 128 Lame Deer MT 59043

October 6, 2015

Park County Planning & Zoning Department 1246 CR 16 P.O. Box 1598 Fairplay, CO 80440

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

To Whom It May Concern:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5- mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Therefore, in the opinion of TEP, the proposed tower will have “no effect” on Historic Properties listed on, or eligible for listing in the National Register of Historic Places. We are required by the Nationwide Programmatic Agreement (NPA) to provide notification of the planned undertaking to local governments and potential consulting parties who have land use jurisdiction over the project area. We would appreciate any comments that you may have on the proposed undertaking. Please make any comments within thirty days of the receipt of this documentation.

A portion of the 7.5-minute Spinney Mountain/Guffey NW, CO topographic map that depicts the proposed tower location and 0.5-mile APE, Cultural Resource Survey Report, site plans, and site photographs have been included for your review.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager 326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Park County Historic Preservation Advisory Committee (CLG) P.O. Box 1373 Fairplay, CO 80440

Attn: Amy Unger – Preservation Planner

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Ms. Unger:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5- mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager 326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Park County Historical Society P.O. Box 43 Bailey, CO 80421

Attn: Karen Christenson – President

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Ms. Christenson:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5- mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager 326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Spinney Mountain State Park 4229 County Road 92 Lake George, CO 80827

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

To Whom It May Concern:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5- mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

effects APEs. TEP completed a file search utilizing the Office of Archaeology and Historic Preservation’s (OAHP’s) COMPASS database of cultural resources on September 21, 2015 for the direct effects APE and the 0.5-mile visual effects APE. The file search suggested that one (1) previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17), and three (3) previously conducted cultural resources surveys associated with the Spinney Mountain Project, were previously conducted in the 0.5-mile APE for visual effects. However, no historic properties or cultural resources of any kind, were previously recorded within the direct effects APE. According to the COMPASS results, the aforementioned previously recorded site, Colorado Midland Railroad, Eleven Mile Canyon (5PA.17) was determined not eligible for the NRHP and is reportedly partially underwater in the visual APE. Therefore, the site is not considered to be a Historic Property per Section VI.D.1.a of the NPA.

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

October 6, 2015

Park County Department of Heritage, Tourism and Community Development P.O. Box 1373 Fairplay, CO 80440

Attn: Linda Balough – Executive Director, South Park National Heritage Area

Subject: Proposed 100-ft Monopole Communications Tower Commnet Four Corners, LLC Site: Spinney Reservoir TCNS# 128366, filed 6/23/15 Spinney Mountain Access Road Hartsel, CO (Park County)

Dear Ms. Balough:

Tower Engineering Professionals, Inc. has been contracted by Commnet Four Corners, LLC to complete a NEPA Checklist (FCC Compliance Audit) for the aforementioned proposed 100-ft AGL (105-ft AGL with appurtenances) monopole communications tower to be located within a portion of Spinney Mountain State Park, southeast of a portion of Spinney Mountain Access Road, west of a portion of Thirtynine Mile Road, southwest of a portion of Highway 59, and southeast of the Community of Hartsel, in Park County, Colorado. The proposed tower site is located on the southeastern portion of an approximately 5,019.6-acre parcel identified as Schedule # 22862 by the Park County Tax Assessor’s Office. The site elevation is approximately 8,883-ft AMSL. An existing gravel road spans southeast from a portion of Spinney Mountain Access Road for approximately 2,300-ft before terminating approximately 400-ft southwest of the proposed tower site. The proposed 20-ft wide access easement will span east, north, and east again from the terminus of the aforementioned gravel road for approximately 700-ft before reaching the proposed 50-ft x 50-ft tower compound lease area. The proposed approximately 5-ft wide utility easement will span southwest from the proposed tower compound lease area for approximately 200-ft before reaching an existing wooden utility pole. The proposed tower compound lease area will occupy 2,500-ft² (0.06-acres), the proposed access easement is anticipated to occupy approximately 14,000-ft² (~0.32-acres), and the proposed utility easement is anticipated to occupy approximately 1,000-ft² (~0.02-acres). These areas are herein referred to as the direct effects area of potential effect (APE). The visual effects APE has been determined to be a 0.5- mile radius from the proposed tower’s centerline. The proposed tower is anticipated to be an unlit structure.

The approximate coordinates of the tower location are as follows:

Latitude: 38º 58’ 43.04” (NAD 83) Longitude: 105º 37’ 1.81” (NAD 83)

326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

If there are any questions, or if any additional information is needed, please do not hesitate to call. Thank you for your assistance and cooperation.

Sincerely,

Ryan A. Malek Environmental Project Manager 326 Tryon Road, Raleigh, NC 27603 O) 919.661.6351 F) 919.661.6350 [email protected]

Spinney Reservoir

ATTACHMENT 5

SECTION 106 – INDIAN RELIGIOUS SITES Client: Commnet Four Corners, LLC. Site Name: Spinney Reservoir TCNS# 128366 Date Filed: 6/23/15

Tribe/Nation Date Tribes Notified by TCNS Response Date of 2nd Correspondence Response FCC Referral Date Comments Spirit Lake Nation 6/25/2015 Submit cultural resource report via Submitted report and mailed check on Finding of no effect received Concurrence received on online consultation system. Mail 10/6/15 10/19/15 10/19/15 review fee check.

Crow Creek Sioux Tribe 6/25/2015 Mail site information and review fee Mailed project info and site visit check on 11/19/15, 20 days to No response by 12/10/15, check 10/6/15 respond if interested implied no interest Ponca Tribe of Nebraska 6/25/2015 Mail site information and review fee Mailed project info and site visit check on No adverse effect response received Concurrence received on check 10/6/15 on 10/22/15 10/22/15

Jicarilla Apache Nation 6/25/2015 "No interest in site" received on "No interest in site" received 7/15/15 on 7/15/15 Southern Ute Tribe 6/25/2015 Mail FCC Form 620, if no response Mailed FCC Form 620 on 10/6/15 No response by 11/5/15, within 30 days, no interest in the site implied no interest

Comanche Nation 6/25/2015 Mail site information and review fee Mailed project info and site visit check on No properties affected on 10/13/15 Concurrence received on check 10/6/15 10/13/15 Cheyenne Arapaho Tribes 6/25/2015 Email letter packet and mail review Emailed letter packet and mailed review fee No properties affected on 10/9/15 Concurrence received on fee on 10/6/15 10/9/15 Apache Tribe 6/25/2015 Mail site information and review fee Mailed site info and review fee check on No adverse effect response received Concurrence received on check 10/6/15 on 10/16/15 10/16/15 Crow Tribe 6/25/2015 Submit online form and payment Submitted online form and payment on No interest in project on 10/21/15 No interest in project on 10/6/15 10/21/15 Fort Belknap Indian Community 6/25/2015 Email project information and mail Emailed project information and mailed 11/19/15, 20 days to No objections to project on review fee check review fee check on 10/6/15 respond if interested 11/13/15 Eastern Shoshone Tribe 6/25/2015 Submit online form and mail review Submitted online form and mailed review fee Finding of no cultural properties Concurrence received on fee check check on 10/6/15 received on 10/23/15 10/23/15 Northern Arapaho Tribe 6/25/2015 Mail letter packet (including Mailed requested information and review fee Finding of no historic properties in Concurrence received on ethnographic report) and review fee check on 10/6/15 APE received on 10/21/15 10/21/15

Ute Indian Tribe 6/25/2015 Called & emailed on 8/4/15 to inquire if 8/27/15, 20 days to respond No response by 9/17/15, interested if interested implied no interest Northern Cheyenne Tribe 6/25/2015 Submit online form and mail review Submitted online form and mailed review fee No effect on cultural resources on Concurrence received on fee check check on 10/6/15 10/6/15 10/6/15 Local Gov't / Historic Preservation Park County Planning & Zoning Mailed letter packet on 10/6/15 No comments to date

Park County Historical Society Mailed letter packet on 10/6/15 No comments to date

Park County Historic Preservation Mailed letter packet on 10/6/15 No comments to date Advisory Committee

Park County Heritage, Toursism, and Mailed letter packet on 10/6/15 "no current record of any historic or Concurrence received on Community Development pre‐historic resources on the sites 10/26/15 themselves, nor do I find any adverse impact on the visual landscapes of surrounding historic properties" response received on 10/26/15

Spinney Mountain State Park Mailed letter packet on 10/6/15 No comments to date

Ryan Malek

From: [email protected] Sent: Tuesday, June 23, 2015 4:31 PM To: Ryan Malek Subject: Proposed Tower Structure Info - Email ID #4252519

Dear Ryan A Malek,

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: 06/23/2015

Notification ID: 128366 Tower Owner Individual or Entity Name: TEP for Commnet Four Corners, LLC Consultant Name: Ryan A Malek Street Address: 326 Tryon Road City: Raleigh State: NORTH CAROLINA Zip Code: 27603 Phone: 919-661-6351 Email: [email protected]

Structure Type: MTOWER - Monopole Latitude: 38 deg 58 min 43.0 sec N Longitude: 105 deg 37 min 1.8 sec W Location Description: Spinney Mountain Access Road City: Hartsel State: COLORADO County: PARK Detailed Description of Project: Ground Elevation: 2707.5 meters Support Structure: 24.4 meters above ground level Overall Structure: 25.9 meters above ground level Overall Height AMSL: 2733.4 meters above mean sea level