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Home My WebLink About7 FCC-NEPACommnet Wireless 1001 Technology Drive Little Rock, AR 72223 July 10, 2014 Lowell Nelson Commnet Wireless 1562 N. Park Street Castle Rock, CO 80109 RE: NEPA Update for the Permanent Site at Sunlight Mountain Resort Dear Lowell, The National Environmental Policy Act (NEPA) Review is still in process for the permanent cell site at Sunlight Mountain Resort. As of today, we are just lacking concurrence from two tribes that we were required to consult with per the FCC's NEPA requirements. The two tribes that are still pending the consultation process for this project are the Cheyenne Arapaho and the Ute Indian Tribe. If responses are not received by July 31, 2014, the tribes may be timed out in accordance with the FCC Declaratory Ruling of October 6, 2005 and the NEPA Review can then be finalized. This NEPA Review is addressing all of the required environmental topics in 47 CFR 1.1307(a) in accordance with the FCC's rules. These environmental topics are listed in the table below and the review is complete for all of the topics except for the evaluation of impacts on Indian religious sites, which is highlighted in yellow due to the pending consultation with the Cheyenne Arapaho and the Ute Indian Tribe. If no objections are received from either tribe, then the NEPA will be finalized on July 31, 2014 and no further coordination with the FCC will be required. Is the proposed facility located in an officially designated wilderness area? NO Is the proposed facility located in an officially designated wildlife preserve? NO 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 of 1973)? NO 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 Will the proposed facility affect Indian religious sites? Is the proposed facility located in a floodplain? NO Will construction of the proposed facility involve significant change in surface features (e.g., wetland fill, deforestation or water diversion)? NO Is the proposed facility located in a residential neighborhood and is required to be equipped with high intensity white lights. NO 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 For your reference, I have attached copies of the concurrence letters that we have received for this project from the State Historic Preservation Office (SHPO), the United States Fish and Wildlife Service (USFWS), the Crow Tribe and the Northern Arapaho Tribe. I have also attached a copy of an email from the Jicarilla Apache Nation stating that they have no interest in this site. Sincerely, 40,td-tl Alexis Leidigh Sr. Regulatory Specialist Commnet Wireless Enclosures: SHPO Concurrence Letter USFWS Concurrence Letter Crow Tribe Concurrence Letter Northern Arapaho Concurrence Letter Jicarilla Apache Nation No Interest Email HISTORY �n. '0, ' Ryan A. Malek Tower Engineering Professionals, Inc. 5545 West 56`r' Ave., Unit E Arvada, CO 80002 RE: Placement ofa cellular antenna equipment facility al: Dear Mr. Malek: 11(' JJ66080 Conunnet Wireless, Sunlight Mountain 10901 County Road 117 Glenwood Springs vicinity, Garfield County Thank you for your recent correspondence concerning the installation ofa cellular facility at the above address (a project having Federal Communication Commission involvement). Our office has reviewed the submitted materials. "There are no cultural resources in the Area of Potential Effect (API). X No historic or archaeological resources will be affected by this project. No historic properties will be affected by this project. However, there is a possibility that historic and/or prehistoric subsurface resources are located in the APE. if artifacts are discovered during the course of construction, please stop work immediately and contact our office for further guidance. The proposed project will have no adverse effect on cultural resources within the API The proposed project will result in an adverse effect. Please refer to the attached letica lot more details. If '2. MI (.• an' illLStron,., please feel free Io contact Joseph 5alrlrhar, Ser.\ roti Manager, at (303) 866 3.711 We loot, fork\ard to hearing From y on. //'Edward C. Nichols /Edward I1istoric Preservation Officer and President, Colorado I f istorical Society OFFICE OF ARC1 IAEOI.OGY ANO 1115 I OK IC i'RESI:IZVA 1 ION 3U3 -8b6-3392 *1 ax 303-866-2711 * I,-rna11 uahp asta1e.cu us " Interncl: www.itirsrn3colortuto oil; History Co?orada, 1200 Broadway, Denver CO 80203 HistoryColorada.org United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services 445 West Gunnison Ave, Suite 240 Grand Junction, Colorado 81501-571 1 IN REPLY REFER TO: ES/CO: FCC TAILS 06E24100 -2014-I-0147 June 27, 2014 Ryan Malek Tower Engineering Professionals, Inc. 5545 West 56 Avenue — Unit E Arvada, Colorado 80002 Dear Mr. Malek, The US Fish and Wildlife Service (Service) has reviewed your June 4, 2014, letter regarding installation of a communication tower. The tower is proposed to be installed in a gravel parking lot at Sunlight Ski Resort south of Glenwood Springs in T7S, R89W, NE1/4, SW1/4 s.33, Garfield County, Colorado. The tower is proposed to be 60 feet tall, will not have guy wires, and will not have lights. The Service concurs with your "not likely to jeopardize" determinations for the proposed North American wolverine (Gulo Gulo luscus) and the proposed yellow -billed cuckoo (Coccyzus americanus). You have made a "no effect" determination for other species potentially impacted by the project, therefore, consultation is not required for those species. Due to the height of the tower, lack of guy wires, and lack of lights we agree that impacts to migratory birds protected under the Migratory Bird Treaty Act should be minimized. Additionally, due to lack of large stature trees in the area we agree that nesting or roosting is unlikely and no direct impact to bald eagles (Haliaeetus leucocephalus) or golden eagles (Aquila chrysaetos) protected under the Bald and Golden Eagle Protection Act will occur. If the Service can be of further assistance, please contact Terry Ireland at the letterhead address or (970) 628-7188. Tireland:FCCCommTowerSun I ightSkiResortC4 docx:O62714:KM Sincerely, ohnna Roy Acting Western Colorado Supervisor OROW TRIBE EXECUTIVE BRAWN June 5, 2014 Ryan Adam Malek Tower Engineering Professionals, Inc. 5545 W. 56th Avenue, Unit E Arvada, CO 80002 Project: Sunlight Mountain/ TCNS #110419 To Ryan: Bacheeitche Avenue P.O. Box 159 Crow Agency (Baaxuwuaashe) Montana 59022 Phone: (406) 638 3709 Darrin Old Coyote CHAIRMAN Dana Wilson VICE-CHAIRMAN Alvin Not Afraid Jr. SECRETARY Shawn Back Bone VICE -SECRETARY The Crow Tribal Preservation Office (CTHPO) found the Site Sunlight Mountain/ TCNS #110419 to be of No Interest. We have determine that the site will not affect or impact Historic/Cultural Properties due to the location of the proposed project. This project does not required any monitors from our office. If any Historic/Cultural properties are found during ground disturbance please call our office immediately. If you have any concerns, comments, or questions please let us know at email: Emerson.BullChief@crow- nsn.gov, James.DavChild@crow-nsn.gov; Work ft is (406) 638-4238/3969, CeII # (406) 208-6670 or (406) 679-3710. Sincerely, e4_ AA", cPert/9- Emerson Bull Chief Crow Tribal Historic Preservation Officer PO Box 159 Crow Agency, MT 59022 The Great Apsaalooke Nation: "Teepee Capital of the World" Crow Tribal Historic Preservation Office i 1' 0 Bo\ 159 1 t'ro5.t AicncMontana 59022 11' 406 638 4238 1 ttttn.crowilpo.org Hoinon'einino' Northern Arapaho Tribe TRIBAL HISTORIC PRESERVATION OVFlcE P.O. Om 67 - St. Stephens, Wyoming 82524 - PH: 307.856.162H Date: Environmental Company: Contact: Email Address Address: Telephone: July 6, 2014 Tower Engineering Professionals Ryan A. Malek, Environmental Scientist rmalek@tepgroup.net 5545 w. 56`h Ave. Arvada, Colorado 80002 303-566-9914 Fax: 303-566-9916 TCNS it: 110419 Site Name: Sunlight Mountain Company Name: Comment Wireless, ILC New Construction: 60 ft. monopole on a 10X10 ft. lease area and a 39 ft. long utility route. Collocation: Building Type for Collocation: Tower Height: Overall Height:60 ft. Appurtenances/Panels/ Dish #: Location: T7S , R89W, Section 33 Address: 10901 County Road 117, Glenwood Springs, Garfield County, Colorado The Northern Arapaho THPO has reviewed your Consultation Request under the National Environmental Protection Act and National Historic Preservation Act, Section 106 process regarding the proposed project and offers the following response: NO HISTORIC PROPERTIES IN THE DIRECT APE- The file search and pedestrian survey for direct effects on the APE yielded no historic findings. The area where the APE is located is noted to be developed and associated with the Sunlight Mountain Resort. NO HISTORIC PROPERTIES WITHIN A''A MILE OF THE APE FOR VISUAL EFFECTS - There are no properties of religious and cultural significance to the Northern Arapaho that are within the area of potential effect. Should human remains or traditional cultural properties be found during construction, contact our office and send a report Thank you for consulting with the Northern Arapaho Tribe and providing the cultural resource inventory report. Sincerely, tom+. ifl•Qdiegc Tribal Historic Preservation Officer northernarapahothpo@gmail.com Ryan Malek From: towernotifyinfo@fcc.gov Sent: Wednesday, June 04, 2014 8:26 AM To: Ryan Malek Cc: tcns.fccarchive@fcc.gov; dykehousej@gmail.com Subject: Reply to Proposed Tower Structure (Notification ID: 110419) - Email ID #3764305 Dear Ryan A Malek, Thank you for using the Federal Communications Commission's (FCC) Tower CorisLr'u Lion Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from THPO Technician Joanna Dykehouse of the Jicarilla Apache Nation in reference to Notification ID #110419: We have no interest in this site. However, if the Applicant discovers archaeological remains or resources during construction, the Applicant should immediately stop construction and notify the appropriate Federal Agency and the Tribe. For your convenience, the information you submitted for this notification is detailed below. Notification Received: 04/30/2014 Notification ID: 110419 Tower Owner Individual or Entity Name: TEP for Commnet Wireless, LLC Consultant Name: Ryan A Malek Street Address: 5545 W. 56th Avenue Unit E City: Arvada State: COLORADO Zip Code: 80002 Phone: 303-566-9914 Email: rmalek@tepgroup.net Structure Type: MTOWER - Monopole Latitude: 39 deg 23 min 59.6 sec N Longitude: 107 deg 20 min 14.8 sec W Location Description: 10901 County Road 117 City: Glenwood Springs State: COLORADO County: GARFIELD Detailed Description of Project: Ground Elevation: 2477.1 meters Support Structure: 18.3 meters above ground level Overall Structure: 19.8 meters above ground level Overall Height AMSL: 2496.9 meters above mean sea level 1