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APPENDIX F
Tower Construction Notification System
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Lynn Maloney
From: Carlos Perez
Sent: Wednesday, May 27, 2015 2:11 PM
To: Lynn Maloney
Subject: Fwd: NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER
CONSTRUCTION NOTIFICATION INFORMATION - Email ID #4212302
---------- Forwarded message ---------- From: <[email protected]> Date: Fri, May 22, 2015 at 2:01 AM Subject: NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - Email ID #4212302 To: [email protected] Cc: [email protected], [email protected] Dear Sir or Madam: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the information you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). Persons who have received the information that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The information you provided was forwarded to the following Tribal Nations and NHOs. If a Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Declaratory Ruling released on October 6, 2005 (FCC 05-176).
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1. Historic Preservation Officer Bryant J Celestine - Alabama-Coushatta Tribe of Texas - Livingston, TX - electronic mail Details: Please consider this notification as our interest for consultation regarding your proposal. As of August 1, 2013, the Alabama-Coushatta Tribe of Texas is implementing new procedures for consultations regarding cellular towers and antenna colocations.The Administrative Fee for our services is now $500.00 to alleviate our expenses for internal file searches, elder consultations, and if necessary, travel expenses for a site visit to complete our determination regarding your proposal. TAKE NOTE of the following procedures as this will assist our efforts to provide your firm with the most efficient process in returning our determinations: 1. Invoices will no longer be generated for each proposal. Please utilize the TCNS number(s) on your payment(s) payable to Alabama-Coushatta Tribe of Texas, Attention: Finance Department, 571 State Park Road 56, Livingston, TX 77351. A single payment is acceptable for multiple fees, provided each TCNS number is itemized on the payment. If a receipt is necessary, please contact our Finance Department at (936) 563-1100. 2. Submit your Form 620 or 621 by EMAIL to [email protected]. Please ensure your submission includes photographs, maps (topo, aerial, APEs), archival research, archaeological reports, and relevant project information. 3. Upon payment of the Administrative Fee, you will receive our determinations via email regarding your proposal(s). No response will be generated without payment and as a result, your Section 106 obligations with our Tribe ARE NOT complete. Thank you, Bryant J. Celestine - Historic Preservation Officer 2. THPO Linda P Langley - Coushatta Indian Tribe - Elton, LA - electronic mail Details: The Coushatta Tribe of Louisiana has implementing a paperless review process for all new applications. Beginning November 20, 2013, we will no longer mail initial letters of interest, invoices, receipts for payments, or determination letters. In order to expedite the review process, we are requesting that you upload the following information for each new or modified TCNS application to your Dropbox folder: New or existing tower site, site name & number, legal description or physical address of site, photographs in contour directions, topographic or quadrangle maps, height and type of tower, complete FCC Form 620 or 621, Phase 1 archaeological survey, and specific discussion of mitigation plans for any traditional cultural properties identified. Please be sure to identify and group information by the project TCNS application number. Our research and review fee is $500.00 per TCNS application. Please make checks payable to the Coushatta
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Tribe of LA, and mail them to the Coushatta Heritage Dept., PO Box 10, Elton, LA 70532. 3. Cultural Director/THPO Kimberly S Walden - Chitimacha Tribe of Louisiana - Charenton, LA - electronic mail and regular mail Details: The Chitimacha Tribe of Louisiana will review an Applicant/tower builder's request after receipt of a $330.00 review fee. Checks should be made payable to the Chitimacha Tribe of Louisiana. Please send payment to Kimberly Walden, THPO, at P.O. Box 661, Charenton, LA 70523. The thirty-day review period will begin upon receipt of this payment. Please send site maps and any applicable archaeological survey data. This information can be e-mailed to the THPO at [email protected] or [email protected]. *The Applicant/towerbuilder must immediately notify the Chitimacha Tribe of Louisiana in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. TCNS Representative Lillie Williamson - Jena Band of Choctaw Indians - Jena, LA - electronic mail Details: All FCC correspondence should be sent electronically to the email [email protected]. We will no longer be utilizing invoice or receipts for projects. please accept notification from this website as our formal response and notification of receipt of payment. If theproposed project falls within our area of interest, as found on this website, please submit maps and cultural resource surveys as they become available. The Administrative fee as of DECEMBER 1, 2014 IS $550.00, and addressed to JBCI Cultural Department C/O Lillie Williamson, P. O. Box 14, Jena, LA 71342 and checks made payable to the Jena Band of Choctaw Indians. IF THE FEE IS ISSUED FOR THE OLD AMOUNT OF $500.00 THEN YOUR CHECK WILL BE RETURNED AND A RESPONSE WILL BE DELAYED UNTIL THE CORRECT AMOUNT IS ISSUED. No responses will be given without receiving the administrative fee beforehand. If you have any comments or questions, please feel free to contact me, Lillie Williamson at 318-992-8258. 5. THPO Kenneth H Carleton - Mississippi Band of Choctaw Indians - Choctaw, MS - electronic mail Details: Please send all information via e-mail (and only via e-mail - no paper copies please) to: [email protected] (9 meg attachment limit)
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The Mississippi Band of Choctaw Indians wishes to see full information packets for all towers within the designated areas for consultation. Form 620, if it includes the a full text of the cultural resource survey with maps, is adequate for our needs. If your 620 does not include the text of the cultural resource survey, then attach it seperately. Please include the tower identification (TCNS#, name, and any other information that may help us identify this site) and the county and state where the facility is proposed in the subject line. If the applicant/tower builder receives no response from the Mississippi Band of Choctaw Indians within 30 days AFTER YOU HAVE E-MAILED THE AFOREMENTIONED INFORMATION TO US (begin counting the 30 day period AFTER the e-mail with all of the information has been sent), then the Mississippi Band of Choctaw Indians has no interestin participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Mississippi Band of Choctaw Indians in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 6. THPO/NAGPRA Technician Minogheezhig Sandman-Shelifoe - Keweenaw Bay Indian Community - Baraga, MI - electronic mail Details: The KBIC THPO reviews all projects within historic homelands for the presence of cultural resources with significance to the Anishinaabe. Your request will go through a preliminary review by our THPO/NAGPRA Technician, the review consists of relevant studies submitted by the applicant regarding cultural resources documentation, in house literature search, database search and GIS search for further information. If any cultural resources are identified during this process, the file will be turned over to the Tribal Historic Preservation Officer in order to make a determination of effects. Information required in order to complete this process are as follows: Project Name Project Location Physical Address Latitude and Longitude State, County,Township, Range, Section quarters Brief Project Description Existing studies for archaeological sites, and cultural resources. As of June 11, 2014 the KBIC THPO will be charging a fee of $500.00 per review/collocation unless the review covers more than one section of land in which case the fee is $500.00 per section. Fees in this process cover the research and other activities required to provide you with a timely response so your project can stay on track. Please submit payment of $500.00 for each project application submitted, checks should be made payable to KBIC THPO, 16429 Beartown Road, Baraga, Michigan 49908. Any questions can be directed to: Minogheezhig Sandman -Shelifoe via email [email protected], [email protected] or by phone: 906-353-6623 ext. 4278. (Please note that Juliet Goyen is no longer a contact within the KBIC-THPO office)
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If the applicant/tower builder receives no response from the Keweenaw Bay Indian Community within 30 days after notification through TCNS, the Keweenaw Bay Indian Community has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, howeve r, must immediately notify the Keweenaw Bay Indian Community in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 7. Administrative Assistant Caren Johnson - Choctaw Nation of Oklahoma - Durant, OK - electronic mail Details: The Applicant may conclude that the Choctaw Nation of Oklahoma has no interest in reviewing a Tower that will be constructed on an existing structure without additional ground disturbance. EFFECTIVE ON 2/1/14: The Choctaw Nation of Oklahoma will begin charging a review fee of $250 for all other projects. Determination of Effect will be given after receipt of this review fee. Please submit the fee at the same time as the site map / survey report. Make checks payable to the Choctaw Nation of Oklahoma Historic Preservation Department, P. O. Box 1210, Durant, OK 74701. Please submit an individual check for each individual tower, with the TCNS number on the memo line. For towers to be constructed on previously disturbed ground, the Choctaw Nation requests a color USGS topo map with the project location clearly marked, and showing all previously recorded archaeological sites within a 1 mile radius, along with brief descriptions of each site, a color photograph of the proposed work site, and copies of any archaeological surveys that have been done within the 1 mile radius. For all other towers, we request a complete signed cultural resources survey report that meets the Federal guidelines set forth by the Department of the Interior,a site locationmap, and color pictures. The Choctaw Nation of Oklahoma has informed FCC Staff that if the Applicant does not receive a response from the Tribe within 30 days of a TCNS notification, then the Applicant SHOULD MAKE A GOOD FAITH EFFORT WITH A FOLLOW-UP PHONE CALL to make sure that the tribe is aware of the proposed tower project. Should construction expose buried archaeological or building materials such as chipped stone, tools, pottery, bone ,historical crockery, glass or metal items, this office should be contacted immediately @ 1-800-522-6170 ext. 2133. Please reference the TCNS number in all communications that follow the initial notification. 8. Historic Preservation Officer Seminole Nation - Seminole Nation of Oklahoma - Wewoka, OK - electronic mail
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Details: If the Applicant/tower builder receives no response from the Seminole Nation of Oklahoma within 30 days after notification through TCNS, the Seminole Nation of Oklahoma has no interest in participating in pre-construction review for the site. The Applicant/tower builder, however, must IMMEDIATELY notify the Seminole Nation of Oklahoma in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 9. THPO Robin Dushane - Eastern Shawnee Tribe of Oklahoma - Wyandotte, OK - regular mail Details: NOTE: CHANGE IN CONSULTATION PROCEDURES AND FEE The Cultural Preservation Office of the Eastern Shawnee Tribe of Oklahoma requires the following information and fees regarding all proposed FFC projects. Please do not email documentation; it will be deleted without being opened. Mail one printed color copy of all documentation accompanied with a CD version. Please submit by US postal mail or other parcel carrier all of the following information for all FCC projects: 1. A 1-page cover letter with the following information: a) TCNS number b) Company name c) Project name, city, county, state d) Project type e) UTM coordinates using WGS84 (G1150) f) Total area surveyed in acres g) Contact information. 2. Professional cultural/archaeological resource survey report. 3. Aerial and color USGS topographic maps locating project area within the state, county, and local area. 4. Aerial, color USGS topographic, or planimetric maps locating tower site, APE, access road, utility easement, guy wire locations surveyed, surveyed staging areas, and known archaeological/historic sites. 5. Project site plan map depicting labeled shovel test locations. 6. Shovel test log. 7. Site photographs. 8. A copyof the review letter or TCNS e-response from the State Historic Preservation Office and all other
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state-mandated review offices. 9. Submit a $550.00 per/tower fee for administration, data processing, handling, research, and review. Collocations, PTC poles, and projects in previously disturbed locations require a $100.00 fee. Make the check payable to the Eastern Shawnee Tribe of Oklahoma. On the memo line write all TCNS numbers. NOTE: Effective November 1, 2014, for TCNS #119606 and forward, regarding collocations, PTC poles, and projects in previously disturbed locations; the administration, data processing, handling, research and review fee will decrease to $100.00. 10. THE EASTERN SHAWNEE TRIBE'S NEW CONSULTATION PROCEDURES DOCUMENT is availableby email and is highly recommended for guidance. Send an email to Dee Gardner at: [email protected]. If the applicant/tower builder receives no response from the Eastern Shawnee Tribe of Oklahoma within 30 days after notification through TCNS, the Eastern Shawnee Tribe of Oklahoma has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, howeve r, must immediately notify the Eastern Shawnee Tribe of Oklahoma in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 10. THPO Earl J Barbry Jr - Tunica-Biloxi Indians of Louisiana - Marksville, LA - regular mail 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. 11. SHPO Cathie Matthews - Department of Arkansas Heritage - Little Rock, AR - electronic mail 12. Deputy SHPO Ken Grunewald - Department of Arkansas Heritage - Little Rock, AR - electronic mail 13. SHPO Pam Breaux - Dept. of Culture, Recreation & Tourism - Baton Rouge, LA - regular mail
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14. Deputy SHPO Mike Varnado - Louisiana - Division of Historic Presevation - Baton Rouge, LA - electronic mail and regular mail 15. SHPO Elbert Hilliard - Mississippi Dept of Archives & History - Jackson, MS - regular mail 16. Deputy SHPO Kenneth H P'Pool - Division of Historic Preservation - Jackson, MS - electronic mail "Exclusions" above set forth language provided by the Tribal Nation or SHPO. These exclusions may indicate types of PTC wayside pole notifications that the Tribal Nation or SHPO does not wish to review. TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. Exclusions may also set forth policies or procedures of a particular Tribal Nation or SHPO (for example, types of information that a Tribal Nation routinely requests, or a policy that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above opened and reviewed an electronic or regular mail notification. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 05/13/2015 Notification ID: 126953 Tower Owner Individual or Entity Name: Livingston Parish Consultant Name: Carlos J Perez Street Address: 5115 Highland Rd Apt 141 City: Baton Rouge State: LOUISIANA Zip Code: 70808 Phone: 225-324-9823 Email: [email protected] Structure Type: BTWR - Building with Tower Latitude: 30 deg 27 min 35.4 sec N Longitude: 90 deg 44 min 23.0 sec W Location Description: intersection of Oliver wheat Road and Clay Blount Rd City: Livingston State: LOUISIANA County: LIVINGSTON Detailed Description of Project: Northeast quad. of the intersection of Oliver Wheat Road and Clay Blount Road south of Livingston in Livingston Parish, Louisiana. emergency response communication tower, 12x16 equipment shelter, access road, staging area, and access road Ground Elevation: 9.1 meters
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Support Structure: 228.6 meters above ground level Overall Structure: 228.6 meters above ground level Overall Height AMSL: 237.7 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic mail form located on the FCC's website at: http://wireless.fcc.gov/outreach/notification/contact-fcc.html. You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8 a.m. to 7:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission
APPENDIX H
Migratory Bird Coordination
6/2/2015Louisiana Ecological Services Office
ESA Technical Assistance Form
General Information
Name: ELOS Environmental on behalf of Livingston Parish Government
Point of Contact: Lynn Maloney-Mujica
Address: 43177 E. Pleasant Ridge Road
City: Hammond State: Louisiana Zip Code: 70403
Phone Number 1: 985.662.5501 Phone Number 2: 225.802.2086
Email Address: [email protected]
Proposed Project Information
Project Reference ID: 5007
Project Latitude: 30° 27' 34.183" North Project Longitude: 90° 44' 23.036" West
Project Parish(es): Livingston
Project Description: This project proposes to erect an emergency response
communication tower, pre-engineered, triangular steel in 20-ft sections to a height of
750 Feet, a 12x16 ft concrete equipment shelter, a chain link security fence, an access
road, and staging area. Tower-mounted communication equipment is proposed to include
65 antenna and seven (7) solid 6” dishes. The site is approximately 26 acres, with
wetlands on 11.44 acres on the southeast portion of the property. The site is directly
south of a closed hazardous waste landfill.
The information provided indicates that: (1) your project occurs in a parish where one or more federally listedspecies and/or their critical habitat may occur; and (2) may involve disturbance or clearing of previouslyundisturbed areas or may involve new construction activities that may negatively impact surrounding potentialhabitat.
Based on these factors, this project requires further review. You may submit your project information and arequest for review via fax or mail to the Louisiana Ecological Services Office at the one of the addresses belowin order to complete coordination under Section 7(a)(2) of the Endangered Species Act of 1973 (Act).
Please include the following project information in your submission:
• Full Project description of work to be completed
• Project Contact name and number
• Project Location in latitude and longitude, including staging areas
• Approximate date for project to begin and end
• A copy of this pre-development coordination report
• Any other information that may be helpful for our review process
Please keep a copy of this pre-development coordination for your records.
Mailing Address: 646 Cajundome Blvd., Suite 400, Lafayette, LA 70506 Attn: Biological Science TechnicianEmail: [email protected]
6/2/2015Louisiana Ecological Services Office
ESA Technical Assistance Form
Fax: 337/291-3139
If you have additional questions, please contact Louisiana ES Office Biological Science Technician at 337/291-3100 for further assistance.
6/2/2015Louisiana Ecological Services Office
ESA Technical Assistance Form
Project Type: Telecommunication Tower
Does the proposed project require the addition of communication-related devices ONLY to existing
structures such as towers, buildings, rooftops, billboards, basements, or bridges? No
Does the proposed project require equipment to be placed ONLY on previously disturbed areas
(e.g. manicured lawns, pastures, active agricultural fields, paved, graveled or otherwise non-
vegetated areas that does not impact trees)? No
Is the proposed tower located in, or adjacent to, officially designated wildlife areas? No
Does the proposed tower require removal of native vegetation? Yes
6/2/2015Louisiana Ecological Services Office
MBTA Technical Assistance
Telecommunication Tower Guidance for Neotropical Migrants
Depending on its/their size and type, the proposed tower(s) could potentially impact migratorybirds, which are a Federal trust resource that the Service is authorized to protect. The Service isconcerned that the number and distribution of existing towers, those currently authorized forconstruction, as well as the projected future increased number of such towers, could potentiallyimpact neotropical migratory birds. Many neotropical migratory bird populations have beendeclining over the past 30 years, and the presence of communications towers in migration corridorsmay exacerbate those declines via increased bird mortality. Communication towers, especiallythose with lights and guy wires, are known to cause collision-related mortality in nocturnallymigrating land birds, especially during bad weather (e.g., fog and storm fronts). In some cases,the Federal Communications Commission has required tower licenses to consider impacts onmigratory birds by placing conditions on the license to include such mitigative measures asmarking the tower and guy wires with appropriate warning balls and streamers, and/or installingbeacon or strobe lights designed to reduce attraction of birds.
The Service is working to develop a comprehensive approach to this issue. Because the reliability ofbird-mortality data is relatively poor and anecdotal, research is still needed to document andquantify the impact of various types and sizes of towers on migratory birds. Research is alsoneeded to identify appropriate tower designs and operational programs that would help to avoid orminimize the potential for bird/tower collisions. We encourage the participation of thecommunications industry in developing a research program to identify appropriate tower designsand other effective ways to mitigate tower impacts to migratory birds.
We have identified the following preliminary risk criteria to assist you in planning tower locationand design. On a priority scale, relatively low-risk locations for communications towers wouldinclude urban and suburban areas; potential impacts to migratory birds would progressivelyincrease in rural areas, especially wetlands, prairie grasslands, coastal cheniers, barrier islands,and forests. If the proposed site is not located within those “low-risk locations,” then the Servicerecommends that new towers be less than 200 feet tall, without guy wires or lights, because suchtowers are associated with a lower risk of bird mortality. Where practicable, taller towers, with orwithout guy wires and/or lights, should be located out of sensitive habitats to reduce the likelihoodfor bird collisions. Additionally, we recommend the use of white strobing lights in lieu of constant orred lights on all cell towers (in accordance with FAA regulations) and it is recommended that allfacility security lighting be directed downward to prevent bird attraction. The Service also stronglysupports the co-location of antennae from multiple communications sources on the same tower.
The Migratory Bird Treaty Act prohibits the taking, killing, possession, transportation, andimportation of migratory birds, their eggs, parts, and nests, except when specifically authorized bythe U.S. Department of the Interior. While the Act has no provision for allowing unauthorized take,the Service realizes that some birds may be harmed or killed as a result of collision with towerstructures even when reasonable measures to protect birds are implemented. The Service’s Officeof Law Enforcement (LE) carries out its mission to protect migratory birds through investigationsand enforcement, as well as by fostering relationships with individuals, companies, and industriesthat have taken effective steps to minimize their impacts on migratory birds, and by encouragingothers to enact such programs. As such, LE focuses its resources on investigating and prosecutingindividuals and entities that take migratory birds without regard for their actions or without effortto implement Service recommendations/conservation measures. The Louisiana Ecological ServicesOffice would be willing to work with all cell tower developers to minimize impacts to migratory birdswhere ever practicable.
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Lynn Maloney
From: Trahan, Angela
Sent: Friday, June 12, 2015 1:25 PM
To: Lynn Maloney
Cc: David Walther
Subject: Re: FW: Livingston Parish Emergency Communications Tower Migratory Bird Guidance
Attachments: Comm Tower Research Needs Public Briefing-2-807.doc; Conservation Measures for
Communication Towers_Weblinks.docx; BirdsConservationConcern2008.pdf
Lynn:
Based on my cursory review of the project, I am providing you the following informal guidance and recommendations to help with your NEPA evaluation of impacts to Federal trust resources protected under the Migratory Bird Treaty Act. As you mentioned, you have already coordinated with us regarding project-related impacts to Federally-listed threatened and endangered species, so I will not address those trust resources in this e-mail.
The Service strongly supports the co-location of antennas from multiple communication sources on
the same tower; however, if co-location is not feasible, we recommend considering the following:
On a priority scale, relatively low-risk locations for communication towers would include
urban and suburban areas; potential impacts to migratory birds would progressively increase in
rural areas, especially wetlands, prairie grasslands, coastal cheniers, barrier islands, and
forests. If habitat issues do not preclude use of a proposed site, the Service recommends that
new towers be less than 200 feet tall, without guy wires or lights, because such towers are
associated with a lower risk of bird mortality. Where practicable, taller towers, with or without
guy wires and/or lights, should be located out of sensitive habitats to reduce the likelihood for
bird collisions. We also recommend the use of white strobing lights in lieu of constant or red
lights on all cell towers (in accordance with FAA regulations). Lastly, we recommend that
shields be installed on all security and ground safety lighting to deflect light downward.
Also please be advised that the proposed tower site is located immediately adjacent to the Berkley Mitigation Area. This mitigation bank is used to compensate permitted wetland losses via habitat restoration, and has restored and enhanced over 800 acres of bottomland hardwood forested
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habitat. Impacts associated with locating a 750 foot tall communication tower near that forested wetland habitat should be addressed. For additional information regarding that mitigation bank, please call Brian Breaux with the New Orleans District, U.S. Army Corps of Engineers (504/862-1938). Habitat associated with the Berkley Mitigation Area has historically supported nesting bald eagles. A 1,500 foot buffer of the project area should be surveyed to determine if there are active eagle nests within that buffer. If active bald eagle nests are documented, please coordinate with the Division of Migratory Birds for the Southeast Region of the Service (phone: 404/679-7051, e-mail: [email protected]).
Tickfaw River is located approximately 3 miles east of the proposed project area and is designated as a Louisiana Natural and Scenic River system (LNSR). The LNSR system is overseen by the Louisiana Department of Wildlife and Fisheries, Scenic Rivers Program (318/343-4045). River basins have been documented as being flyway corridors for migrant songbirds, and avoiding those corridors could reduce the likelihood for bird collisions. The EA should address impacts associated with locating a communication tower near the Tickfaw River basin. I am working on getting additional information regarding the use of river basins by migratory songbirds and associated buffer distances, and will provide that to you if I am successful.
Environmental analyses of Federal actions required by the NEPA should evaluate the effects of actions and agency plans on migratory birds, with emphasis on species of concern (see Birds of
Conservation Concern 2008 list, provided through the Service's Mig Bird website and see attachment). The proposed communication tower appears to be located within the Lower Mississippi Alluvial Valley (NABCI BCR 26). That BCR consists of approximately 24 million acres of alluvial floodplain south of the Mississippi River’s confluence with the Ohio River. These forested wetlands were the main wintering area for mid-continent mallards, wood ducks, and other waterfowl species. Flood control and deforestation for agriculture began more than 100 years ago. Today, less than 25 percent of the region remains forested, and flooding has been reduced by about 90 percent. Despite these changes, the region still winters large numbers of waterfowl, estimated at about 9 percent of the continental duck population. With the large reduction in native habitat and natural flooding, the major waterfowl management issue today is providing enough foraging habitat on managed private and public lands to reliably meet the needs of wintering ducks and geese. Remnant forests harbor populations of Swainson’s Warbler, prothonotary Warbler, and Swallow-tailed Kite (http://www.nabci-us.org/bcr26.html). For additional information to guide you in your assessment I also recommend the Partners In Flight North American Landbird Conservation Plan, which can be accessed through our Migratory Bird Program website (http://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/BCC.html).
Because of the proposed tower height (750, with guy wires), the proposed location within forested wetlands and adjacent to a bottomland hardwood restoration area (i.e., mitigation bank) and within 3 miles of the Tickfaw River basin a Louisiana Natural and Scenic River system, I recommend that surveys be conducted to assess avian collision mortality. These surveys should be conducted in coordination with our Migratory Bird Program (http://www.fws.gov/birds/about-us.php), and consistent with Avery et al. (1978) or the Gehring et al. (2006, 2007) protocol for tall tower collision studies (see "Comm Tower Research Needs Public Briefing" document attached).
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These comments provided in accordance with the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16 U.S.C. 668a-d), Migratory Bird Treaty Act (MBTA) (40 Stat. 755, as amended; 16 U.S.C. 703 et seq.), National Environmental Policy Act (NEPA) of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Fish and Wildlife Conservation Act ("Nongame Act"; 94 Stat. 1322; 16 U.S.C. 2901-2911 et seq.), and Executive Order 13186 - Responsibilities of Federal Agencies to Protect Migratory Birds (signed January 10, 2001).
All of the information I have provided is to help you avoid and minimize impacts and address impacts in your NEPA evaluation. I have included a word document with several links. There is a lot of good information available through those websites, its just a matter of finding it. If you have any questions or wish to discuss, please feel free to call me.
I hope this helps, Angela
....................................................................
Angela Trahan Fish and Wildlife Biologist U.S. Department of the Interior Fish and Wildlife Service Louisiana Ecological Services Office 646 Cajundome Blvd., Suite 400 Lafayette, LA 70506 (337) 291-3137 http://www.fws.gov/lafayette/ On Tue, Jun 2, 2015 at 2:47 PM, Lynn Maloney <[email protected]> wrote:
Here is the information, Angela. Thanks for the heads up about the website!
Lynn
Lynn Maloney-Mújica, AICP
Senior Scientist and Project Manager
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43177 E. Pleasant Ridge Road
Hammond, LA 70403
P.985.662.5501
F.985.662.5504
C.225.802.2086
From: Lynn Maloney [mailto:[email protected]] Sent: Tuesday, May 12, 2015 1:41 PM To: [email protected] Cc: [email protected] Subject: Livingston Parish Emergency Communications Tower Migratory Bird Guidance
Dear Angela:
Thank you for taking the time to discuss the proposed communications tower in Livingston Parish.
Site location and other attributes are presented on Figures 1 through 6, attached. The proposed site consists of 26.138 acres of land located in the northeast quadrant of the intersection of Oliver Wheat Road and Clay Blount Road just south of the town of Livingston in Livingston Parish, Louisiana. The original location was shifted east to avoid an area where a new airport is planned.
This project proposes to erect an emergency response communication tower, pre-engineered, triangular steel in 20-ft sections to a height of 750 Feet, a 12x16 ft concrete equipment shelter, a chain link security fence, an access road, and staging area. Tower-mounted communication equipment is proposed to include 65 antenna and seven (7) solid 6” dishes.
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Directly north of the site is a hazardous waste landfill that has been closed since June of 1990. Preliminary results of a wetlands delineation shows that the southern portion of the property is wet.
ELOS was contracted by the parish to perform environmental services for the project including a NEPA screening. The results of that screening indicate that an EA may be required by FCC until protection of migratory birds can be established. We are contacting you to determine what kind of coordination with USFWS will be required for the EA, what analyses may be required, and what mitigation may be recommended.
Funding for the project is being provided through a Community Development Block Grant (CDBG) and an EA checklist was prepared following Housing and Urban Development (HUD) guidelines. The NEPA process to date has not identified any significant impacts. Wetlands impacts will be minimized and mitigated. Previous coordination with USFWS and LDWF did not identify any T&E species or critical habitat in the area. Therefore, preparation of an EA can be completed in a matter of weeks. Our only uncertainty at this time is how to treat the migratory bird issues.
Looking forward to a prompt reply,
Lynn
1
Lynn Maloney
From: Trahan, Angela
Sent: Thursday, July 02, 2015 10:37 AM
To: Lynn Maloney
Cc: Joelle Gehring; Luke Watkins; F Daigle
Subject: Re: FW: Livingston Parish Emergency Response Communications Tower
Attachments: Gauthreaux et al. 2006_springmigration.pdf; Kerlinger Lit Review_avian_mortality00.pdf;
avian mortality 2013 Longcore et al.pdf
Lynn: While it is preferred that the site be located in an area that avoids clearing of and siting near forested wetland habitat, it is my understanding that alternative locations have been investigated and less damaging alternatives are not available. We would not object to the proposed location provided that the mitigative measures mentioned are implemented and the applicable wetland permits are obtained. There is one known occurrence of a bald eagle nest (2008) near the project vicinity but outside of the 1,500 foot radius. My database is down, but the general location is 30.465161, -90.733655. Comprehensive bald eagle survey data have not been collected by the Louisiana Department of Wildlife and Fisheries (LDWF) since 2008, and new active, inactive, or alternate nests may have been constructed within the proposed project area since that time. Bald eagles typically nest in large trees located near coastlines, rivers, or lakes that support adequate foraging from October through mid-May. In southeastern Louisiana parishes, eagles typically nest in mature trees (e.g., baldcypress, sycamore, willow, etc.) near fresh to intermediate marshes or open water. Bald eagles may also nest in mature pine trees near large lakes in central and northern Louisiana. I recommend that you survey suitable nesting habitat within 1,500 feet of your tower location. I have attached additional literature for your reference including the 2013 Longcore paper.
....................................................................
Angela Trahan Fish and Wildlife Biologist U.S. Department of the Interior Fish and Wildlife Service Louisiana Ecological Services Office 646 Cajundome Blvd., Suite 400 Lafayette, LA 70506 (337) 291-3137 http://www.fws.gov/lafayette/ On Wed, Jul 1, 2015 at 5:24 PM, Lynn Maloney <[email protected]> wrote:
Dear Joelle and Angela:
2
Thank you for taking the time to work with us regarding the migratory bird coordination piece of the EA.
This email confirms our conversation. Please review and confirm so that we can work with the parish and their engineering consultant to get their commitment on these items:
1. Use only red flashing lights at night and use motion sensor security lights on the associated buildings (or no lights at all) to reduce the attraction of migratory birds to the site.
2. Make the site available to researchers interested in tower collision/bird mortality studies.
Also, please send the information regarding the eagle’s nest reported in 2008. We will survey to determine if it is within 1500 feet of the tower and/or still active.
And thank you for the reference to Longcore’s work. I found a copy of the 2012 study with the estimated bird mortality. If you have access to the 2013 followup study, please let me know.
Best regards,
Lynn
Lynn Maloney-Mújica, AICP
Senior Scientist and Project Manager
43177 E. Pleasant Ridge Road
Hammond, LA 70403
3
P.985.662.5501
F.985.662.5504
C.225.802.2086
APPENDIX I
Berkley Mitigation Bank Coordination
1
Lynn Maloney
From: B Fortson
Sent: Monday, June 15, 2015 4:20 PM
Subject: FW: [EXTERNAL] Google Earth Placemark: Livingston Communication Tower.kmz
-----Original Message-----
From: Breaux, Brian W MVN [mailto:[email protected]]
Sent: Monday, June 15, 2015 4:23 PM
To: B Fortson
Subject: RE: [EXTERNAL] Google Earth Placemark: Livingston Communication Tower.kmz
The communication tower should not have any effect on the Berkley Mitigation Area or its operation.
Brian W. Breaux
CEMVN Regulatory Branch
Special Projects & Policy Team
(504) 862-1938
-----Original Message-----
From: B Fortson [mailto:[email protected]]
Sent: Monday, June 15, 2015 11:56 AM
To: Breaux, Brian W MVN
Subject: [EXTERNAL] Google Earth Placemark: Livingston Communication Tower.kmz
Hey Brian
Livingston Parish is proposing a communication tower for police and fire response on a site that is located about three
miles from the "Berkely"
Mitigation Bank (the name is second hand info). Is this going to cause any concerns for the operation of that bank? I
include a kml for the tower site so that you can pull it up on google earth. I can't imagine that it would have any impact
on the bank, but out of an abundance of caution I want to get your comments so that I don't get way down the road and
have it pop up as a concern or issue we have to deal with.
Thanks
Brian K. Fortson
Environmental Scientist
ELOS Environmental, LLC
43177 East Pleasant Ridge Road
Hammond, LA 70403
(985) 662-5501 office
APPENDIX J
Scenic Rivers Coordination
1
Lynn Maloney
From: Zachary Chain
Sent: Tuesday, June 16, 2015 1:54 PM
To: 'Lynn Maloney'
Cc: Luke Watkins; F Daigle; Matthew Weigel; Kyle Balkum; Chris Davis
Subject: RE: LPG Communications Tower: Scenic Reach of Tickfaw River
Attachments: Figure 4.pdf
Hi Lynn,
After a review of the project related information you’ve provided, including the attached site map, LDWF has
determined that the Tickfaw River, a Louisiana Scenic Stream, will not be adversely impacted by Livingston Parish’s
proposed emergency response communications tower. Therefore, no Scenic River Permit will be required. Thank you
for contacting us regarding your Scenic Rivers concerns and please let me know if you have any questions.
Sincerely,
Zachary Chain
Biologist, Environmental Investigations
Louisiana Department of Wildlife and Fisheries
P. O. Box 98000
2000 Quail Drive, Room 430
Baton Rouge, LA 70898-9000
Phone: (225) 763-3587 Fax: (225) 765-2625
From: Lynn Maloney [mailto:[email protected]]
Sent: Tuesday, June 16, 2015 12:31 PM To: Zachary Chain
Cc: Luke Watkins; F Daigle
Subject: LPG Communications Tower: Scenic Reach of Tickfaw River
Dear Mr. Chain:
ELOS has been contracted by the Livingston Parish Government to prepare an Environmental Assessment for
an emergency response communications tower 650-750 feet tall at the location depicted on the attached figure. During
informal coordination with the USFWS, it was noted that the reach of the Tickfaw River that is a designated Louisiana
Natural and Scenic River is in the vicinity of the project.
Please advise us if LDWF has any concerns related to potential impacts to this scenic stream.
Best regards,
Lynn Maloney-Mújica, AICP
Senior Scientist and Project Manager
APPENDIX K
Eagle Nest Coordination with USFWS
