NEPA ENVIRONMENTAL SUMMARY REPORT AND CHECKLIST Pyramid Network Services, LLC Motorola MARC RAMBIS Project Trimble Site - 3625 Malcom Lake Road 3 Miles West of Trimble, Missouri 64492 ATC Project Number 17.29788.0001 (Task 17004) Prepared for: Mr. T.J. Sauthoff Pyramid Network Services, LLC 6519 Towpath Road East Syracuse, New York 13057 (315) 701-1300 Prepared by: ATC Associates Inc. 8246 Marshall Drive Lenexa, Kansas 66214 (913) 438-2800 August 3, 2007 August 3, 2007 Mr. T.J. Sauthoff Pyramid Network Services, LLC 6519 Towpath Road East Syracuse, New York 13057 Re: NEPA Environmental Summary Report and Checklist Pyramid Network Services, LLC Motorola MARC RAMBIS Project Trimble Site - 3625 Malcolm Lake Road 3 Miles West of Trimble, Missouri 64492 ATC Project Number 17.29788.0001 (Task 17004) Dear Mr. Sauthoff: ATC Associates Inc. (ATC) has completed an environmental screening of the Federal Communications Commission (FCC) special interest items as outlined in Title 47 of the Code of Federal Regulations (47 CFR) Section 1.1307 (a) (1) through (8), for Motorola as part of the MARC RAMBIS project (Motorola), Trimble Site, located at 3625 Malcolm Lake Road, 3 miles west of Trimble, Platte County, Missouri (the “site”). Pyramid Network Services, LLC (Pyramid) will be performing the work at this site on behalf of Motorola, a wireless telecommunications carrier, for the purpose of providing wireless telecommunications service. The NEPA land use checklist summarizing the findings of this report is included within Appendix A. Additionally, the site has been evaluated with regard to its applicability to Appendix C to Part 1--Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process contained in 47 CFR 1.1307, specifically, the commonly referred to Replacement Tower exclusion (Section III - Undertakings Excluded From Section 106 Review). For the purposes of this assessment, the site consists of the existing telecommunications facility, including the existing tower, lease area/tower compound, access easements, and any necessary utility easements. The site parcel includes the parcel of land on which the site is located, associated parking areas and access driveways. SITE INFORMATION The site parcel consists of an existing 300-foot guyed tower and an equipment shelter. The site is contained within an existing chain-link fence. According to the information provided by the Platte County Assessor’s Office, the site parcel is identified as Assessor’s Parcel Number (APN) 10-9.0-29-000-000-002-001. The current owner of the site is the State of Missouri. The site parcel is located in Township 54 North, Range 33 West, Section 29, as shown on United States Geological Survey (USGS) Smithville Quadrangle, Missouri 7.5 Minute Series (Topographic) map, dated 1975. Based on the USGS Smithville Quadrangle map, the site is located approximately 968 feet above mean sea level in an area of relatively flat topography. No on-site surface water features were observed during the site visit. Please refer to Appendix B, Figure 1, for a map showing the proposed site location. The site can be accessed from the north via Malcolm Lake Road. According to the plans provided by Pyramid (Site Plan, Enlarged Site Plan, and Tower Elevation, Infinigy Engineering, April 26, 2006), the proposed activities at the site will consist of the construction of a new 300 foot guyed tower within approximately 50 feet southeast of the existing tower location, a new 11' 8" x 16' 6" equipment shelter and generator installed on a 4 foot by 9 foot concrete pad, and a 1,000-gallon propane aboveground storage tank (AST). Two VHF antennas will be installed at a height of approximately 225 feet. Two UFH antennas will be installed at a height of approximately 250 feet. Two 800MHz antennas will be installed at a height of approximately 300 feet. One 6 foot MW dish will be installed at a height of approximately 95 feet and one 8 foot MW dish will be installed at a height of approximately 180 feet. Additionally, three new guy wire anchor locations will be installed within the existing 400 foot by 400 foot fenced area. Please refer to Appendix B for copies of selected construction drawings showing the proposed overall development of the site. NEPA ASSESSMENT The NEPA Land Use Checklist table and supporting documentation are attached to this letter report. In accordance with 47 CFR Section 1.1307 (a) (1) through (8), an evaluation has been made to determine whether any of the listed FCC special interest items would be significantly affected if a tower structure and/or antenna and associated equipment were constructed at the proposed site location. In the event that the site affects one of the items, the FCC requires that an Environmental Assessment (EA) be prepared regarding that particular item. ATC conducted this research by consulting with appropriate state and federal agency personnel and reviewing readily available published data. Site selection criterion was based on the need for coverage in the area and the desire to avoid or minimize possible environmental impact (as defined in 47 CFR). Other important factors included site accessibility, construction and other logistical considerations and financial requirements. The site selection process results from one of three outcomes: (1) selected site; (2) site alternative to the selected site; and (3) no action. The “no action” alternative was not considered since it would not meet the project's objectives. The selected site was best able to meet all of the above outlined criteria and is the preferred alternative. (1) Wilderness Areas In addressing the issue of officially designated wilderness areas, ATC reviewed information from the National Wilderness Preservation System (NWPS, http://www.wilderness.net/nwps). The NWPS is comprised of lands designated as wilderness areas by the United States Forest Service (USFS), United States Fish and Wildlife Service (USFWS), United States Bureau of Land Management (BLM), and the National Park Service (NPS). There are currently 677 wilderness areas in the United States, eight of which are located in the State of Missouri. The eight wilderness areas (Paddy Creek, Bell Mountain, Rockpile Mountain, Mingo, Irish, Devils Background, Hercules-Glades, and Piney Creek) are found in the southern part of the state and located along the southern border of the state. According to the NWPS information reviewed, the site is not located in a designated wilderness area. Designated wilderness areas are also delineated on USGS 7.5-minute series topographic quadrangle maps. Therefore, ATC reviewed the USGS Smithville Quadrangle map, and determined that the site is not located within a designated wilderness area. In addition, a review of the DeLorme Missouri Atlas & Gazetteer, 1998 edition, did not indicate the presence of a designated wilderness area in the site vicinity. (2) Wildlife Preserves There are eight designated National Wildlife Refuges (NWRs) in the State of Missouri, including the Squaw Creek NWR, the Great River NWR, the Swan Lake NWR, the Clarence Canyon NWR, the Big Muddy NWR, the Pilot Knob NWR, the Mingo NWR, and the Ozark Cavefish NWR. The site is located 3 miles west of Trimble, which is in western Missouri State. The nearest NWR to the site is the Squaw Creek NWR, which is located approximately 70 miles north of Trimble. Therefore, the site is not located within or adjacent to an officially designated wildlife preserve. Officially designated wildlife preserves are also delineated on USGS 7.5-minute series topographic quadrangle maps. Therefore, ATC reviewed the USGS Smithville Quadrangle map and determined that the site is not located within a designated wildlife preserve. Additionally, a review of the DeLorme Missouri Atlas & Gazetteer, 1998 edition, did not indicate the presence of a designated wildlife preserve in the site vicinity. (3) Listed and/or Proposed Threatened or Endangered Species or Designated Critical Habitats Section 7 of the Endangered Species Act (Act) of 1973 (16 U.S.C. §§ 1536) directs federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of listed species or designated critical habitats. In addition, Section 7 of the Act sets out the consultation process, which is further implemented by regulation 50 CFR § 402. The following represents an Informal Biological Assessment for the proposed activities. ENDANGERED AND THREATENED SPECIES In order to determine if the site is located in an area documented to have occurrences of listed and/or proposed threatened or endangered species, ATC submitted a Section 7 consultation package to the USFWS and the Missouri Department of Conservation (MDC), including site maps, site photographs, and the site location designated on the USGS Smithville Topographic Map. The consultation response letter from the MDC dated May 24, 2006 indicated that no state-listed species will be significantly affected by the project. Based on the response from MDC, endangered or threatened species are not known to exist on or near the site and further evaluation is not warranted. The consultation response letter from the MDC is included in Appendix C. The consultation response letter from the USFWS, dated June 5, 2006, indicated that no federally-listed species or designated critical habitat occurs within the project area. Based on the response the USFWS, further evaluation is not warranted. The consultation response letter from the USFWS is included in Appendix C. Appendix C contains a copy of the USFWS tower siting guidelines, entitled Service Interim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning, dated September 14, 2000. As these guidelines may minimize the potential for avian collisions, the USFWS has recommended that they be implemented on existing and future telecommunication tower projects. Since migratory birds are documented to occur within the State of Missouri, ATC has recommended that Pyramid and Motorola review and implement the USFWS tower siting guidelines when feasible. MIGRATORY BIRDS The USFWS has made the following recommendations that may help reduce potential bird/tower strikes: * Collocation on other structures, self supporting structures (instead of towers requiring guy wires for support) and total tower heights under 200 feet; * Use white flashing strobe lights as dim and brief as legally possible, and flash time intervals as long as legally possible, instead of red lights when night lighting is necessary; * Locate new towers in urban and suburban areas whenever possible and in rural areas only if absolutely necessary, preferably on disturbed sites and not in, on, or near wetlands, hill tops, forests, prairie grasslands, and other known major migratory bird stopover sites, or feeding, nesting, or roosting routes; and * If tower height requires guy wires, use no more than absolutely necessary to insure tower stability, and attach bird deflector devices to warn birds of the existing hazard. The voluntary USFWS guidelines are included within Appendix C. Based on the information provided by Pyramid and Motorola, consideration has been given to the noted guidelines, and various measures (i.e., dual medium intensity lighting system), have been incorporated into the project. In order to determine if the tower design will minimize potential avian mortality, ATC submitted a Section 7 consultation package to the USFWS, including site maps, site photographs, and the site location designated on the USGS Smithville Topographic Map. The consultation response letter from the USFWS, dated June 5, 2006, indicated that the tower design will adequately minimize bird strikes; therefore, further evaluation is not warranted. The consultation response letter from the USFWS is included in Appendix C. DESIGNATED CRITICAL HABITATS According to the USFWS, critical habitat “identifies specific areas that have the physical and biological features that are essential to the conservation of a listed species, and that may require special management considerations or protection.” ATC reviewed 50 CFR, Wildlife and Fisheries, Parts 17.94 through 17.96 and Parts 226.101 through 226.213 (dated October 1, 2005), for designated critical habitats that may exist in the vicinity of the site. The review of 50 CFR did not reveal the presence of designated critical habitats within a one mile radius of the site. Based on the findings of this review, impacts to threatened and endangered species and designated critical habitats are not anticipated, and further evaluation of biological resources is not warranted. (4) Historic Places. May affect districts, sites, buildings, structures, or objects, significant in American history, architecture, archeology, engineering or culture that are eligible for listing in the National Register of Historic Places As stated earlier, ATC has reviewed the project stated herein for its applicability to the commonly referred to Replacement Tower exclusion contained 47 CFR 1.1307, Appendix C to Part 1--Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NPA, Section III) As stated in Section III, “Undertakings that fall within the provisions listed in the following sections III.A. through III.F. are excluded from Section 106 review by the SHPO/THPO, the Commission, and the Council, and, accordingly, shall not be submitted to the SHPO/THPO for review.” Section III. B. of the NPA outlines the applicable provisions of the commonly referred to Replacement Tower exclusion: • Construction of a replacement for an existing communications tower and any associated excavation that does not substantially increase the size of the existing tower under elements 1–3 of the definition as defined in the Collocation Agreement (see Attachment 1 to this Agreement, Stipulation 1.c.1–3) (hereafter referred to as Provision 1) • and that does not expand the boundaries of the leased or owned property surrounding the tower by more than 30 feet in any direction or involve excavation outside these expanded boundaries or outside any existing access or utility easement related to the site. ) (hereafter referred to as Provision 2) • For towers constructed after March 16, 2001, this exclusion applies only if the tower has completed the Section 106 review process and any associated environmental reviews required by the Commission’s rules. (hereafter referred to as Provision 3) Provision 1 has been met under the described exclusion. According to drawings provided to Pyramid Network Services, LLC by Infinigy Engineering (Site Plan, Drawing C3 Rev 3, dated March 7, 2007) the construction of the proposed replacement tower and any associated excavation will not substantially increase the size of the existing tower. See Appendix B for drawings of the proposed construction. Provision 2 has been met under the described exclusion. Pyramid Network Services, LLC by Infinigy Engineering (Site Plan, Drawing C3 Rev 3, dated March 7, 2007), the construction of the proposed replacement tower will not expand the boundaries of the leased or owned property surrounding the existing tower by more than 30 feet in any direction or involve excavation outside these expanded boundaries or outside any existing access or utility easement related to the site. See Appendix B for drawings of the proposed construction. Provision 3 has been met under the described exclusion. According to USGS 7.5 Minute Topographic Maps, Smithville Quadrangle dated 1975 and an aerial photograph of the area including the site parcel dated 1996 obtained from http://www.terraserver.microsoft.com, the existing tower was constructed before March 16, 2001. A copy of the referenced Topographic Map and aerial photograph is provided in Appendix B. Based on review of the readily available documentation noted herein regarding the proposed development at the site, the commonly referred to Replacement Tower exclusion contained within the NPA applies to this project. Therefore, State Historic Preservation Office and/or Tribal Historic Preservation Office review is not required. However, as a courtesy, ATC contacted the Missouri Department of Natural Resources (MDNR) State Historic Preservation Office (SHPO) to inquire about their desire to review the proposed development at this site. Based on verbal discussions with the MDNR SHPO, it was agreed that the project would be submitted for review. ATC submitted a Section 106 review package to the MDNR SHPO in May 2006. A copy of the submittal package is included in Appendix D. ATC received a response from the MDNR SHPO dated May 18, 2006. According to Mr. Mark A. Miles, the State Historic Preservation Officer, the MDNR SHPO concurs with the recommended finding of “no historic properties affected.” A copy of the response received from the MDNR SHPO is also included in Appendix D. Based on the referenced information, no further evaluation of historic places is warranted. (5) Indian Religious Sites As stated earlier and as stated in section III of the NPA, “Undertakings that fall within the provisions listed in the following sections III.A. through III.F. are excluded from Section 106 review by the SHPO/THPO, the Commission, and the Council, and, accordingly, shall not be submitted to the SHPO/THPO for review.” Additionally, the commonly referred to Replacement Tower exclusion contained Section III. B. of the NPA does not require consultation with Indian Tribes and/or NHO’s, as along as the site is not located on tribal lands. The site is not located on tribal lands, therefore, consultation with Indian Tribes and/or NHOs, is not required. (6) Located in a Flood Plain (Executive Order 11988) According to the Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map, the site is located in Flood Zone C, which is defined by FEMA as “areas of minimal flooding” (Community Number 290475, Panel Number 0075A, dated December 18, 1979). A copy of the FEMA Flood Insurance Rate Map showing the site location is included in Appendix B. (7) Wetlands and Other Bodies, Change in Surface Features, Deforestation and Water Diversion (See Executive Order 11990 if wetlands are on federal property) Under the Clean Water Act (40 CFR § 230.3), wetlands are defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” Potential wetlands under the jurisdiction of the United States Army Corps of Engineers (ACOE) include waterways, lakes, streams, and natural springs. As shown on the USGS Smithville Quadrangle Map, the site is located adjacent to surface waters. The nearest surface water source to the site is a pond, which is located approximately 100 feet southeast of the site. During the completion of the site inspection performed by ATC, there was no evidence of potential wetlands or hydrophytic vegetation in the area of the site. Further, according to the Environmental Data Resources, Inc. (EDR) The EDR-Radius Map with Geocheck? regulatory database report, soils at the site are classified as Sharpsburg silt loam. According to EDR, Sharpsburg silt loams are not considered to be hydric soils. ATC reviewed the USFWS National Wetlands Inventory map available online at the National Wetlands Inventory website (http://wetlandsfws.er.usgs.gov). The review of the USFWS National Wetlands Inventory map confirmed that wetlands are not located on the site. In addition, ATC’s review of published National Wetlands Inventory data within the EDR database report indicated the site is not located on a designated wetlands area. A copy of the EDR National Wetlands Inventory map showing the site location is included in Appendix B. Deforestation is not proposed for the project, as no trees will be required to be removed for construction. In addition, since there are no surface water bodies near the site, water diversion and impacts to surface water features are not anticipated as a result of the project. Based on the referenced information, wetlands, surface features, deforestation and water diversion are not anticipated to represent an environmental concern for the development of the site. (8) High Intensity White Lights According to the information provided by Pyramid, as a standard practice, Motorola does not construct facilities requiring high intensity white lights. If the FAA requires such, Motorola will request a dual mode lighting system consisting of red lights for night and medium intensity white lights for daylight and twilight. According to Pyramid, high intensity white lights will not be used for towers less than 500 feet in height. According to the site plans provided by Pyramid, high intensity white lights will not be used for the site development. (9) Radio Frequency Radiation The FCC requires that certain communications services and devices perform environmental evaluation to assess compliance with radio frequency (RF) radiation exposure limits. Motorola confirms that the tower and all associated antennas will not cause human exposure to levels of RF emissions in excess of FCC-adopted guidelines (47 CFR § 1.1307b) and that the tower and all associated antennas will comply with the RF exposure standards as provided within 47 CFR §§ 1.1310 and 2.1093. Additional Environmental Evaluation National Scenic and Historic Trails In October 1999, the Cellular Telecommunications Industry Association, Personal Communications Industry Association, Appalachian Trail Conference, American Hiking Society, and representative Managing and Supporting Trails Organizations (MSTOs) for the National Scenic Trails signed a resolution for the Siting of Wireless Telecommunications Facilities Near National Scenic Trails. This resolution states that if a wireless telecommunications or site management company plans a new or significantly expanded facility within one mile of a National Scenic Trail, it will notify the non-profit group that supports the trail. Therefore, in order to determine if the site is located within one mile of a National Scenic or Historic Trail, ATC reviewed available information from the NPS. There are six National Historic Trails located in portions of the State of Missouri. The Lewis and Clark Trail is designated from Wood River, Illinois to Washington State and courses through the State of Missouri. The Oregon Trail is designated from Independence, Missouri to Oregon City, Oregon. The California Trail is designated from Independence, Missouri to California. The Pony Express Trail is designated from St. Joseph, Missouri to Sacramento, California. The Santa Fe Trail is designated from Kansas City, Missouri to Santa Fe, New Mexico. The Trail of Tears is designated from sites located in Tennessee, Alabama, Georgia, and North Carolina to Oklahoma, coursing through portions of southern Missouri. According to the information obtained from the NPS and the information reviewed for the National Historic Trails located in Missouri, the site is not located within one mile of a National Scenic or Historic Trail. National Wild and Scenic Rivers The National Wild and Scenic Rivers Act of 1968 designated "that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations." According to the National Wild and Scenic Rivers System (http://www.nps.gov/rivers/information.html), "the idea behind the National System is not to halt use of a river; instead, the goal is to preserve the character of a river." ATC reviewed the National Wild and Scenic Rivers System data on National Wild and Scenic Rivers in the State of Missouri (http://www.nps.gov/rivers/wildriverslist.html). There are no designated rivers within one mile of the site. CONCLUSIONS/RECOMMENDATIONS ATC Associates Inc. (ATC) has completed an environmental screening of the FCC special interest items as outlined in Title 47 of the Code of Federal Regulations (47 CFR) Section 1.1307 (a) (1) through (8), for Motorola as part of the MARC RAMBIS project (Motorola), Trimble Site, located at 3625 Malcolm Lake Road, 3 miles west of Trimble, Platte County, Missouri. Based on the review of readily available records, including published lists, files, and maps regarding FCC issues, the proposed Motorola Trimble Site, will not affect the FCC special interest items outlined in 47 CFR 1.1307 (a) (1) through (8). The findings of this Environmental Summary Report and Checklist are based on the project location, project type, and construction diagrams provided by Pyramid. Should the project location, project type, and/or construction diagrams be altered, re-submittal of the Section 7 and Section 106 consultation packages will be required. We appreciate the opportunity to be of service to Pyramid for this project and look forward to working with you on future projects. If you have any questions about information in this report, please contact the undersigned in the ATC-Lenexa, Kansas office at (913) 438-2800. Sincerely, ATC ASSOCIATES INC. Nicole Cruise Ed Creaden Staff Geologist Branch Manager Attachments: Appendix A NEPA Land Use Checklist Appendix B Site Vicinity Map, Site Plans, Federal Emergency Management Agency Flood Insurance Rate Map, USGS 7.5 Minute Series Topographic Map, Aerial Photograph, and USFWS National wetlands Inventory Map Appendix C Information Obtained from the State Wildlife Agency and the United States Fish and Wildlife Service, Including the United States Fish and Wildlife Service Tower Siting Guidelines Appendix D Section 106 State Historical Preservation Office (SHPO) Documentation Appendix E Native American Tribal Consultation Letters and TCNS Notification Completed by ATC Associates Inc. Appendix F Response Received from Native American Tribal Groups Appendix A NEPA Land Use Checklist NEPA LAND USE CHECKLIST Prepared for Pyramid Network Services, LLC Site #: NA Site Name: Trimble Site Address: 3625 Malcolm Lake Road 3 miles west of Trimble, Missouri 64492 Coordinates (NAD 83): N Lat: 39? 28’ 11.0” W Lon: 094? 37’ 14.0” Expert Federal / State Jurisdictional Agencies Summarize any preliminary finding of positive effects Check one box FCC Category YES NO 1. Will the facility be located in an officially designated wilderness area? National Park Service, U.S. Forest Service, Bureau of Land Management, National Wilderness Preservation System X 2. Will the facility be located in an officially designated wildlife preserve U.S. Dept. of Interior—Fish & Wildlife Service (USFWS), National Wildlife Refuge System X 3. Will the facility affect listed and proposed threatened or endangered species or designated critical habitat? United States Fish and Wildlife Service, State Wildlife Agency X 4. Will the facility affect districts, sites, buildings, structures or objects listed, or eligible for listing, in the National Register of Historic Places? State Historic Preservation Office X 5. Will the facility affect Indian Religious sites? Native American Tribal Groups X 6. Will the facility be located in a Flood Plain? Federal Emergency Management Agency X 7. Will the facility construction involve significant change in surface features? Provided by Pyramid X 8. Will the antenna towers and/or supporting structures be equipped with High Intensity White Lights? Provided by Pyramid X 9. Will the facility result in human exposure to radiation in excess of the applicable safety standards? Provided by Pyramid X Additional Considerations 10. Will the facility be located within one mile of a National Scenic or Historic Trail? National Park Service X 11. Will the facility affect National Wild and Scenic Rivers? National Wild and Scenic River System X The undersigned has reviewed and approved the completion of this NEPA Checklist for the above-mentioned site. Prepared by: ATC Associates Inc., 8246 Marshall Drive, Lenexa, Kansas 66214 (913) 438-2800 Signature: Title: Branch Manager Printed Name: Ed Creaden Date: August 3, 2007 Appendix B Site Vicinity Map, Site Plans, Federal Emergency Management Agency Flood Insurance Rate Map, USGS 7.5 Minute Series Topographic Map, Aerial Photograph, and USFWS National Wetlands Inventory Map Appendix C Information Obtained from the State Wildlife Agency and the United States Fish and Wildlife Service, Including the United States Fish and Wildlife Service Tower Siting Guidelines Appendix D Section 106 State Historical Preservation Office (SHPO) Review Documentation Appendix E Native American Tribal Consultation Letters and TCNS Notification Completed by ATC Associates Inc. THIS SECTION INTENTIONALLY LEFT BLANK Appendix F Response Received from Native American Tribal Groups THIS SECTION INTENTIONALLY LEFT BLANK Pyramid Network Services, LLC Trimble Site Platte County, Missouri August 3, 2007 9 ATC ASSOCIATES INC. PROJECT NO. 17.29788.0001