jansen lane nepa report

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NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

SCREENINGProposed Wireless Telecommunications Facility

“Jansen Lane”

28 Jansen LaneBerne, New York 12023

Prepared for:

November 11, 2015

IVI Project No.: TS50714170

IVI Telecom Services, a CBRE Company

THIS REPORT IS THE PROPERTY OF IVI TELECOM SERVICES, A CBRE COMPANY &PYRAMID NETWORK SERVICES, LLC C/O ALBANY COUNTY AND WAS PREPARED FOR ASPECIFIC USE, PURPOSE, AND RELIANCE AS DEFINED WITHIN THE AGREEMENT

BETWEEN IVI AND PYRAMID NETWORK SERVICES, LLC C/O ALBANY COUNTY AND INTHIS REPORT. THIS REPORT MAY NOT BE USED AND/OR RELIED UPON BY ANY OTHERPARTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF IVI. THERE SHALL BE NOTHIRD PARTY BENEFICIARIES, INTENDED OR IMPLIED, UNLESS SPECIFICALLYIDENTIFIED HEREIN.



IVI TELECOM SERVICES, INC.4 West Red Oak Lane White Plains, New York 10604

(914) 694-9600 (tel)

(914) 694-3724 (fax)

www.ivi-telecom.com

NEW YORK ATLANTA AUSTIN CHICAGO LAS VEGAS

LOS ANGELES MIAMI WASHINGTON, D.C.

BARCELONA · LONDON · PARIS · NICE · STOCKHOLM

Member of SOCOTEC Group with 140 offices worldwide

November 4, 2015

Meredithe MathiasPyramid Network Services, LLC

c/o Albany County6519 Towpath Road

East Syracuse, NY 13057

Re: NEPA Screening“Jansen Lane”

28 Jansen LaneBerne, New York 12023


Dear Ms. Mathias:

IVI Telecom Services, a CBRE Company (“IVI”) is pleased to submit this copy of our NEPA

Screening in connection with the above-referenced property.

Thank you for letting us be of service and please call should you have any questions.

Sincerely,

IVI Telecom Services, Inc.

Reviewed By:

Christopher Bond Laura L. MancusoBiologist Director, Cultural Resources

http://www.ivi-telecom.com/





NEPA Categorical Exclusion Checklist

(47 CFR Chapter 1, Part 1, Subpart I, § 1.1306 & 1.1307)87 Kings Highway

“JANSEN LANE”

28 Jansen Lane

Berne, New York

Section Environmental Sensitivity Area Potential Impact

Yes No

1 Wilderness Areas

2 Wildlife Preserves

3 Endangered Species

4 Historic Sites

5 Native American Religious Sites

6 Flood Plains

7 Surface Features (including Wetlands)

8 High Intensity White Lights

9 Radiofrequency Emissions

10. National Scenic Trails

Conclusion: Pyramid Network Services, LLC c/o Albany County has satisfied the requirements set forth by the FederalCommunications Commission (FCC)’s implementation of the National Environmental Policy Act (NEPA). As such, no

further investigation is required.



“JANSEN LANE”

Berne, New York

TABLE OF CONTENTS

Cover Sheet

Transmittal Letter NEPA Categorical Exclusion Checklist

Page

1.0 EXECUTIVE SUMMARY ............................................................................................1

2.0 INTRODUCTION .........................................................................................................2

3.1 WILDERNESS AREAS ................................................................................................5

3.2 WILDLIFE PRESERVES .............................................................................................6

3.3 ENDANGERED SPECIES ............................................................................................7

3.4 HISTORIC SITES ....................................................................................................... 10

3.5 NATIVE AMERICAN RELIGIOUS SITES .............................................................. 15

3.6

FLOOD PLAINS ......................................................................................................... 17

3.7 SURFACE FEATURES – (WETLANDS) .................................................................. 18

3.8 HIGH INTENSITY WHITE LIGHTS ....................................................................... 19

3.9 RADIOFREQUENCY EMISSIONS .......................................................................... 20

3.10 NATIONAL SCENIC TRAILS .................................................................................. 21

4.0 LIMITING CONDITIONS ......................................................................................... 22

APPENDICES

Reference Exhibits ……….. ............................................................................ AProject Personnel Profiles .................................................................................... B



1.0 EXECUTIVE SUMMARY “JANSEN LANE”

Berne, New York

Page 1

This report documents IVI Telecom Services’ Inc. (“IVI”)’s findings from our NationalEnvironmental Policy Act (“NEPA”) Screening on Pyramid Network Services, LLC c/o

Albany County (“Pyramid c/o Albany County”)’s proposed telecommunications facilityknown as “JANSEN LANE,” located at 28 Jansen Lane in Berne, Albany County, New

York (the “Subject”). Pyramid c/o Albany County proposes the construction of a 185’ self-support tower along with the installation of ancillary equipment within a 50’ x 60’

equipment compound. Access will utilize an existing farm access drive that will connectthe telecommunications facility with Jansen Lane (refer to Appendix B for site drawings).

The proposed wireless telecommunications facility, including access thereto is hereafterreferred to as the “Undertaking.”

This assessment was conducted pursuant to implementation of NEPA requirements by the

Federal Communications Commission (FCC) 47 CFR, Chapter 1, Part 1, Subpart I -Procedures Implementing the National Environmental Policy Act of 1969. Specifically,

the assessment criteria are listed in § 1.1307(a) and (b) of Subpart I. This assessment has

been prepared to address the potential environmental impacts associated with theUndertaking and determine whether an Environmental Assessment (EA) or anEnvironmental Impact Statement (EIS) was and/or is required.

Based on our review, the following conclusion has been made in connection with theUndertaking:

Site Qualifies for Categorical Exclusion (CATX)

The Undertaking described above is deemed individually and cumulatively to have no

significant effect on the quality of the human environment and will not have a significant

impact on the human environment based on the criteria listed in § 1.1307(a) and (b).Therefore, the Undertaking is categorically excluded from environmental processing andno further action is required at this time.



2.0 INTRODUCTION “JANSEN LANE”

Berne, New York

Page 2

2.1 Purpose

IVI was retained by Pyramid c/o Albany County to prepare an environmentalscreening pursuant to NEPA (40 CFR 1500-1508) and NEPA procedures required

by the Federal Communications Commission (FCC) (47 CFR, Chapter 1, Part 1,Subpart I, §§ 1.1301 to 1.1319). This review has been prepared to address the

potential adverse environmental impacts associated with the proposed Undertaking.Environmental characteristics of the Undertaking were screened against the criteria

listed in 47 CFR, Chapter 1, Part 1, Subpart I, §1.1306 & §1.1307(a) and (b) whichare as follows:

• Will the Undertaking be located in an officially designated wildernessarea?

• Will the Undertaking be located in an officially designated wildlife preserve?

•

Will the Undertaking be one that may affect listed, threatened orendangered species or designated critical habitats or is likely to

jeopardize the continued existence of any proposed endangered orthreatened species or is likely to result in the destruction or adverse

modification of proposed critical habitats (as determined by the Sec ofInterior pursuant to the Endangered Species Act of 1973) (47 CFR

§1.1307(a)(3)(i& ii))?

• Will the Undertaking be one that may affect districts, sites, buildings,structures or objects, significant in American history, architecture,

archaeology, engineering or culture, that are listed, or are eligible forlisting, in the NRHP (47 CFR §1.1307(a)(4)) ?

•

Will the Undertaking be one that may affect Native American religioussites?

• Will the Undertaking be located within a flood plain?

• Will the Undertaking be one that will involve significant change in

surface features (e.g., wetland fill, deforestation or water diversion)?

• Will the Undertaking be one that will include antenna towers and/orsupporting structures that are to be equipped with high intensity white

lights which are to be located in residential neighborhoods, as defined by the applicable zoning law? (47 CFR § 1.1307 (a) (8))

In addition, even though a potentially significant effect on migratory birds is not

one of the categories of proposed actions identified in 47 CFR, Chapter 1, Part 1,Subpart I Section 1.1307(a) of the rules as requiring an EA, in accordance with the

FCC’s Order FCC11-181, as part of IVI’s endangered species review, IVIdetermined the following:




Berne, New York

Page 3

• Will the Undertaking involve an Antenna Registration System

application for a new tower (or substantial increase in size) greater than

450’ in height that may affect migratory birds?

• Will the Undertaking involve an Antenna Registration Systemapplication for a new tower (or substantial increase in size) of 351’ to

450’ in height involving a change of lighting system from a more preferred to a less preferred FAA Lighting Style (medium intensity

white strobe lights preferred system over red obstruction lightingsystems) where public notice is required?

In addition, although not listed as a criteria in 47 CFR, Chapter 1, Part 1, Subpart

I, §1.1306 & §1.1307(a) and (b), due to previous actions to slow or stop wirelesstelecommunications development taken by Managing and Supporting Trail

Organizations (“MSTO”) and in order to avoid similar occurrences, IVIadditionally determined the following:

•

Will the Undertaking be one that is located within one mile of thecenterline of a National Scenic (or Historic) Trail and has the MSTO

indicated that the proposed construction will have a significant effect?

It should be noted that IVI did not independently determine whether theUndertaking will be one that would cause human exposure to levels of

radiofrequency radiation in excess of the limits in 47 CFR § 1.1310 and § 2? (47CFR § 1.1307 (a) (8)). It is the understanding of IVI that the client or one of its

representatives will evaluate the undertaking to ensure compliance with applicableRF standards as per 47 CFR 1.1307 (b)

This Screening was used to make one of the following determinations:

• Whether the Undertaking is categorically excluded from further NEPAanalysis,

• Whether an Environmental Assessment (“EA”) is required.

2.2 Scope

The scope of this assessment included the following as applicable:

2.2.1 Performing a site reconnaissance to characterize on-site and nearby

conditions and assess whether the Undertaking will have an effect on anyof the listed categories.

The site visit was conducted by Taylor R. Weber representing IVI. The site

was not represented at the time of the site visit. It was sunny and thetemperature was approximately 79°F at the time of the site survey.




Berne, New York

Page 4

2.2.2 Review of the most recent U.S. Geological Survey 7.5 and/or 15 Minute

Series topographic map(s) and aerial photographs of the Subject area toassist in the identification of surface features and structures in the immediate

vicinity of the Subject and to determine the Area of Potential Effect.

2.2.3

Reviewing readily available historical documents, such as topographicmaps, aerial photographs, city directories, Sanborn Fire Insurance Maps and

atlases, to identify previous activities on and in the vicinity of the Subject.

2.2.4 Consulting with applicable federal, state and/or local government agenciesand private organizations or associations, reviewing their data available

online and/or reviewing their previous correspondence concerning status of projects similar to the Undertaking with respect to NEPA compliance.

2.2.5 If applicable, interviewing persons familiar with the property to obtain

information on present and previous conditions at the Subject and/or

adjoining properties.

2.2.6 If provided and applicable, reviewing of information such as surveys,

permits, construction/zoning plans and specifications, consultation lettersand environmental reports.

2.2.7 If applicable based on preliminary review, submitting consultation requests

or determination of effect letters to various federal, state and localgovernment agencies and tribal governments, to determine whether or notthe Undertaking would have an adverse impact on the applicable NEPA

criteria.

2.2.8

Making a determination of whether the Undertaking is likely to fall into anyof the above listed criteria necessitating further review. This determination

is made based on a review of the above information by IVI’s team ofengineers, cultural resources specialists, biologists, regulatory analysts and

senior review staff.



3.1 DETERMINATION OF EFFECT

WILDERNESS AREAS

“JANSEN LANE”

Berne, New York

Page 5

Wilderness Areas

In 1964, Congress established the National Wilderness Preservation System (NWPS), under the Wilderness

Act. The legislation set aside certain federal lands as wilderness areas. These areas, generally 5,000 acres or

larger, are wild lands largely in their natural state. The Wilderness Act reads that these are areas "...where the

earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain."

Four federal agencies manage designated wilderness areas in the United States: the United States Forest

Service (USFS), United States Fish and Wildlife Service (USFWS), United States Bureau of Land

Management (USBLM), and the National Park Service (NPS).

Is the Undertaking to be located in an officially designated wilderness area? (47 CFR

§1.1307(a)(1))

Exempt from Review*

Yes No

*The preparation of EAs do not encompass the mounting of antenna(s) on an existing building or

antenna tower unless § 1.1307(a)(4) (Facilities that may affect districts, sites, buildings, structures or

objects, significant in American history, architecture, archaeology, engineering or culture, that arelisted, or are eligible for li sting, in the NRHP of this part is applicable. (47 CFR §1.1307 Note 1)

The preparation of EAs do not encompass the construction of an antenna tower or supporting structure

in an established “antenna farm”: (i.e. an area in which similar antenna towers are clustered whether ornot such area has been officially designated as an antenna farm). (47 CFR §1.1307 Note 3)

Neither of the above e xclusions apply to Undertakings which could cause human radiofrequencyexposure in excess of the applicable health and safety guidelines in 47 CFR §1.1307b

Resources:

www.wilderness.net

www.nps.gov/gis

www.blm.gov/nhp/facts/index.htm

www.nationalatlas.gov/printable/fedlands.html#listwww.terraserver.microsoft.com

IVI also reviewed applicable state specific resources as applicable

Conclusion

IVI reviewed topographic maps, aerial photographs, online databases showing lists andmaps of designated wilderness areas.

According to this review, The Undertaking is not located in an officially designated

wilderness area and the project is exempt from further review.

http://www.wilderness.net/

http://www.nps.gov/gis

http://www.blm.gov/nhp/facts/index.htm

http://www.nationalatlas.gov/printable/fedlands.html%23list

http://www.terraserver.microsoft.com/



http://www.blm.gov/nhp/facts/index.htm

http://www.nps.gov/gis

http://www.wilderness.net/




WILDLIFE PRESERVES

“JANSEN LANE”

Berne, New York

Page 6

Wildlife Preserves

National Wildlife Refuge System lands include all lands, waters, and interests therein administered by the

USFWS as wildlife refuges, wildlife ranges, wildlife management areas, waterfowl production areas, andother areas for the protection and conservation of fish and wildlife including those threatened with extinction,

as determined in writing by the Director or so directed by Presidential or Secretarial Order.

Is the Undertaking to be located in an officially designated wildlife preserve? (47 CFR

§1.1307(a)(2))

Exempt from Review*

Yes No


antenna tower unless § 1.1307(a)(4) (Facilities that may affect districts, sites, buildings, structures or

objects, significant in American history, architecture, archaeology, engineering or culture, that are

listed, or are eligible for li sting, in the NRHP of this part is applicable. (47 CFR §1.1307 Note 1)The preparation of EAs do not encompass the construction of an antenna tower or supporting structure

in an established “antenna farm”: (i.e. an area in which similar antenna towers are clustered whether or

not such area has been officially designated as an antenna farm). (47 CFR §1.1307 Note 3)

Neither of the above e xclusions apply to Undertakings which could cause human radiofrequency

exposure in excess of the applicable health and safety guidelines in 47 CFR §1.1307b Resources:

www.fws.gov/refuges/

www.fws.gov/GIS/data/CadastralDB/index.htm

www.terraserver.microsoft.com

www.nationalatlas.gov/printable/fedlands.html#list


Conclusion

IVI reviewed topographic maps, aerial photographs, online databases and maps showing

lists and maps of designated wildlife preserves.

According to this review, The Undertaking is not located in an officially designated wildlife preserve and the project is exempt from further review.

http://www.fws.gov/refuges/

http://www.fws.gov/GIS/data/CadastralDB/index.htm





http://www.fws.gov/GIS/data/CadastralDB/index.htm





ENDANGERED SPECIES

“JANSEN LANE”

Berne, New York

Page 7

Endangered Species The Endangered Species Act of 1973 requires the FCC to "seek to conserve" endangered species and

threatened species, including their critical habitats. "Endangered Species" means any native speciesdocumented by biological research and inventory to be in danger of extirpation throughout all or a significant

portion of its range within the state and to have no more than five occurrences in the state, and any speciesdetermined to be an "endangered species" pursuant to the federal Endangered Species Act. "Threatened

Species" means any native species documented by biological research and inventory to be likely to become

an endangered species within the foreseeable future throughout all or a significant portion of its range within

the state and to have no more than nine occurrences in the state, and any species determined to be a "threatened

species" pursuant to the federal Endangered Species Act.

The United States Department of the Interior, Fish & Wildlife Service (USFWS) and the applicable stateregulatory agency identify the Country’s and state's most significant natural areas through a comprehensive

inventory of rare plant and animal species and representative natural communities.

Is the Undertaking one that may affect listed, threatened or endangered species or

designated critical habitats or is likely to jeopardize the continued existence of any

proposed endangered or threatened species or is likely to result in the destruction or

adverse modification of proposed critical habitats (as determined by the Sec of

Interior pursuant to the Endangered Species Act of 1973)? (47 CFR §1.1307(a)(3))

Exempt from Review*

Yes No


antenna tower unless § 1.1307(a)(4) (Facilities that may affect districts, sites, buildings, structures orobjects, significant in American history, architecture, archaeology, engineering or culture, that are

listed, or are eligible for li sting, in the NRHP of this part is applicable. (47 CFR §1.1307 Note 1)




exposure in excess of the applicable health and safety guidelines in 47 CFR §1.1307b

Resources:

www.usfws.govwww.crithab.fws.gov


Exemption Review

IVI reviewed the Information Planning and Conservation (IPaC) tool on the USFWSwebsite to determine what listed or endangered species, if any, were located at or within

the immediate vicinity of the proposed tower site. According to this review, the followingspecies was identified;

Northern Long-eared Bat (Threatened) – Spend winters hibernating in caves and mines.During the summer the bats roost in cavities or crevices of both live and dead trees, or incaves and mines.

IVI compared the habitat requirements for the above species to observations made during

the site visit to determine if any suitable habitat exists at the proposed tower site. Based onthese observations, IVI determined that the tower site will be located in a cleared are within




ENDANGERED SPECIES

“JANSEN LANE”

Berne, New York

Page 8

forested land, and that no suitable habitat for the Northern Long-eared Bat exists. As such,

the proposed tower will have No Effect on the Northern Long-eared Bat.

Based on correspondence received from the New York Field Office of the FWS on June16, 2014, “If an action agency determined a project will result in “no effect” to any listed

species, they do not have to coordinate with the USFWS. No Effect determinations areappropriate when there is no suitable habitat for a species and no likelihood of their

occurrence in an action area.” However, IVI consulted with USFWS to determine that thereis no suitable habitat for the Northern Long-eared Bat. IVI received the Section 7 response

from the USFWS that stated that they concur with our determination and that no furtherconsultation with the USFWS was warranted.

IVI additionally reviewed the Undertaking as compared to New York agency

correspondence. Specifically IVI reviewed the 2012 letter from the NYS Department ofEnvironmental Conservation, titled “Guidelines for Consultation with NY Natural

Heritage regarding Proposed Collocations of Telecommunication Facilities on Existing

Towers and Buildings” which states that the NYSDEC has “no records of rare or listedspecies which would be of concern, and therefore does not require a consultation with NY Natural Heritage (NYSDEC), for any communication facilities projects that meet one of

three criteria below:

• New antennae or panels on existing towers, or new communications equipmentinstalled within existing fenced equipment areas, provided that all new work isconfined within existing equipment areas, no previously undisturbed land is

disturbed, and no new access roads or expansion of existing access roads isinvolved.

• New or existing towers, antennae, and associated equipment installed at a locationcurrently wholly occupied by lawn, pavement and/or gravel

• New or existing towers, antennae, and associated equipment installed on or in

existing buildings, rooftops, billboards, or bridges, with the exception of the buildings and bridges with peregrine falcon nests listed in the attached letter

referenced above.

According to this review, the Undertaking does not meet the criteria exempting it fromfurther State review as the Undertaking will be located in a cleared area. As such IVI sent

a species request to the NY Natural Heritage Program for a list of threatened andendangered species on the Undertaking. IVI received a response listing the Northern Long-

eared Bat on the property. IVI sent the NYSDEC a Section 7 consultation letter statingthat no suitable habitat exists on the Undertaking for the Northern Long-eared Bat. The

NYSDEC response stated that they concur with our determination, and as such no furtherconsultation with them is required at this time.

Critical Habitat Review




ENDANGERED SPECIES

“JANSEN LANE”

Berne, New York

Page 9

IVI additionally consulted the USFWS online Critical Habitat Mapper to determine

whether there were any critical habitats on or near the Undertaking. According to thisreview, there are no critical habitats in the vicinity of the Undertaking.

Migratory Bird Review

On September 27, 2013, the USFWS revised the “Guidelines for Communication Tower

Design, Siting, Construction, Operation, Retrofitting, and Decommissioning. Theseguidelines outline voluntary federal recommendations designed to minimize the impacts of

tower facilities on migratory birds protected under the Migratory Bird Treaty Act (MBTA)and the Endangered Species Act. Based upon the Undertaking design (i.e. non guyed) and

height (i.e. less than 200 feet above ground level), the Undertaking meets many if not allof the recommendations set forth in the USFW’s Revised Guidelines. As such, it is unlikely

that the Undertaking would adversely impact migratory bird species protected under theMBTA and the Endangered Species Act.

Summary

As such, the Undertaking is not one that may affect listed, threatened or endangered species

or designated critical habitats or is likely to jeopardize the continued existence of any proposed endangered or threatened species or is likely to result in the destruction or adverse

modification of proposed critical habitats. (as determined by the Sec of Interior pursuantto the Endangered Species Act of 1973) (47 CFR §1.1307(a)(3))




HISTORIC SITES

“JANSEN LANE”

Berne, New York

Page 10

Historic Sites

The National Register of Historic Places (“NRHP”) is the Nation's official list of cultural resources worthy of

preservation. Properties listed in the NRHP include districts, sites, buildings, structures, and objects that are

significant in American history, architecture, archaeology, engineering, and culture. The NRHP is

administered by the National Park Service (“NPS”), which is part of the U.S. Department of the Interior.

Section 106 of the NHPA requires that every federal agency "take into account" how each of its undertakings

could affect properties listed or eligible for listing in the NRHP. This is in order to balance the federal

undertaking and mission of the agency against the historic properties to best represent the public interest andto prevent arbitrary destruction of historic resources with federal funds.

Is the Undertaking one that may affect districts, sites, buildings, structures or objects,

significant in American history, architecture, archaeology, engineering or culture,

that are listed, or are eligible for listing, in the NRHP? (47 CFR §1.1307(a)(4))

Yes No

Nationwide Programmatic Agreement &

Nationwide Programmatic Agreement for Collocation of Wireless Antennas Criteria The Nationwide Programmatic Agreement (“NPA”) to improve and streamline the Section 106 review

process for tower constructions and other Commission undertakings entered into by FCC, the Advisory

Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers NCSHPO took effect on March 7, 2005. The NPA excludes certain categories of undertakings from review

that have been determined as not likely to adversely affect historic properties provided that the additional

criteria listed below are met. These undertakings include: (a) Enhancements to towers; (b) Temporary Towers;

(c) Replacement Towers; (d) Certain Towers Constructed in Industrial and Commercial Areas; (e) Certain

towers constructed in Utility Corridor rights-of-way and (f) Towers constructed in SHPO/THPO designated

areas.

The Nationwide Programmatic Agreement for Collocation of Wireless Antennas Criteria (“CNPA”) to reduce

new tower construction and encourage the collocation of antennas took effect on March 16, 2001. The CNPAexcludes certain categories of undertakings from review that have been determined as not likely to adversely

affect historic properties provided that the additional criteria listed below are met. These undertakings include:(1) Collocation of antennas on tower constructed on or before March 16, 2001; (2) Collocation of antennas

on tower constructed after March 16, 2001; (3) Collocation of antennas on buildings/non-tower structures.

A - Enhancement of a Tower

Will the proposed action consist of a collocation as defined by the CNPA?

Source:

Yes No

Will the proposed action create a “substantial increase” in the size to the tower?Source:

Yes No

B - Construction of a Replacement Tower

Could the proposed replacement tower be considered a “substantial increase” in

height, mass, or size in relation to the existing tower located at the site?

Source:

Yes No

Could the proposed replacement tower increase the boundaries of the owned orleased area surrounding the existing tower by more than thirty feet?

Source:

Yes

No




HISTORIC SITES

“JANSEN LANE”

Berne, New York

Page 11

Will construction of the proposed replacement tower involve excavation outsideof a thirty-foot radius from the edge of owned or leased area or outside existing

access or utility easements?

Source:

Yes No

If the existing tower was constructed after March 16, 2001, has the existing

tower failed to undergo Section 106 review?Source:

Yes No

C - Construction of temporary communications tower or facility

Will the temporary installation involve excavation of soils?

Source:

Yes

No

Will the temporary installation be in operation for more than twenty-fourmonths?

Source:

Yes

No

D - Construction of Facility within strip mall, shopping center, or industrial park

Will the proposed facility be over 200 feet in height?

Source: Yes No

Is the locally designated industrial park, strip mall, or shopping center less than100,000 square feet?

Source:

Yes No

Is the locally designated industrial park, strip mall, or shopping center locatedwithin the boundaries of or within five hundred feet of a historic property?

Source:

Yes

No

E - Construction of a Facility at or near utility transmission corridors

Will the proposed facility be located outside of or beyond fifty feet of a right-of-way designated by Federal, State, local, or Tribal governments as a locationfor communications towers or utility transmission and distribution lines?

Source:

Yes No

Could the proposed facility be considered a “substantial increase” in height,

mass, or size in relation to existing towers or utility transmission and distributionlines located that the site?

Source:

Yes No

Will the proposed facility be located within the boundaries of a historic

property?

Source:

Yes

No

F - Construction of a Tower in a SHPO/THPO permitted zone

Is there inadequate documentation that the construction of the tower occurred

inside of an area designated by the SHPO and/or THPO for the construction of

communications towers and associated facilities?Source:

Yes

No

1 - Collocation of antennas on a tower constructed on or before March 16, 2001Will the collocation result in a substantial increase in the size of the tower?

Source:

Yes

No

Has the FCC determined that the tower has, or potentially has, an “adverseeffect” on historic properties?

Source:

Yes

No




HISTORIC SITES

“JANSEN LANE”

Berne, New York

Page 12

Is the tower pending environmental review before the FCC involving Section106 compliance?

Source:

Yes No

Has the licensee or tower owner received notification of complaint from the public, SHPO, or Council that the collocation will have an adverse effect on

historic properties?Source:

Yes

No

2 - Collocation of antennas on a tower constructed after March 16, 2001

Has the tower failed to undergo Section 106 review?

Source: Yes No

Will the collocation result in a substantial increase in the size of the tower?

Source: Yes No

Has the FCC determined that the tower has or will have, or potentially has or

will have, an “adverse effect” on historic properties?

Source:

Yes No

Has the licensee or tower owner received notification of complaint from the

public, SHPO, or Council that the collocation will have an adverse effect on

historic properties?Source:

Yes

No

3 - Collocation of antennas on buildings/non-tower structures

Is the building/structure over 45 years old?

Source:

Yes No

Is the building/structure located inside the boundary of a historic district, or if

the antenna is visible from the ground level of the historic district, the buildingor structure is within 250 feet of the boundary of the historic district?

Source:

Yes No

Is the building/structure a National Historic Landmark, or listed or eligible forlisting on the NRHP?

Source:

Yes No

Has the licensee received notification of complaint from the public, SHPO, orCouncil that the collocation will have an adverse effect on historic properties?

Source:

Yes

No

NPA / NCPA Criteria Results

If any questions within the designated category above are answered “Yes” or if theUndertaking does not fall into any of the above mentioned categories: The Undertakingdoes not meet the criteria and stipulations set forth for that section of the NPA. Therefore,

Section 106 consultation is required in accordance with 47 CFR Part 1.1301-1.1319 of the FCCregulations.

If all questions within the designated category above are answered “No”: The

telecommunications installation meets the criteria and stipulations set forth in the NPA.Therefore the Undertaking is recognized to have minimal or no adverse effect on historic

properties, and Section 106 Review is not required.*

*However, for projects meeting D or E criteria, Section 106 consultation with any Indian Tribeor NHO that attaches significance to the site or area must be completed.

Resources:




HISTORIC SITES

“JANSEN LANE”

Berne, New York

Page 13

http://wireless.fcc.gov/siting/npa/intro.htmlhttp://grants.cr.nps.gov/CLG_NEW/CLG_REVIEW/search.cfm

http://www.nationalregisterofhistoricplaces.com/state.html

http://tps.cr.nps.gov/nhl/default.cfm

http://cr.nps.gov/nhl/designations/listsofNHLs.htmhttp://wireless.fcc.gov/outreach/index.htm?job=tower_notification

Conclusion

IVI reviewed documentation provided by Pyramid in order to determine whether the

Undertaking fell within any criteria exemptions from Section 106 Review set forth in the NPA or CNPA.

According to this review, the Undertaking does not meet any of the exemptions in so far

as the Undertaking is the construction of a new self-support tower.

It was IVI’s professional opinion that the proposed undertaking is not exempt from theconsultation process set forth under Subpart B of 36 CFR Part 800 and under the provisions

of the NPA and/or CNPA and that further Section 106 consultation is required.

Section 106 Consultation Overview

IVI initiated Section 106 Review of the proposed Undertaking which included defining thearea of potential effects (“APE”), identifying historic properties within the APE, evaluatingthe historic significance of identified properties as appropriate, assessing the effects of the

Undertaking on these historic properties and consulting with the requisite State HistoricPreservation Office(s) (“SHPO”), interested tribes and the public.

IVI determined the APE for direct effects to be limited to the area of potential ground

disturbance and any property, or portion thereof that will be physically altered or destroyed by the Undertaking. IVI determined the APE for visual effects to be ½ mile from the tower

site in so far as the proposed Undertaking will be 200’ or less in overall height.

IVI reviewed documentation available online, through public participation and/or at theSHPO office and conducted an independent assessment to determine what historic

properties, if any were located within the APE along with their historic significance. IVIadditionally conducted a reconnaissance of the Subject and properties within the APE on

August 3, 2015 in order to identify any additional historic properties not identified above.

IVI then evaluated whether any historic properties would be affected by the Undertaking.Based on this review, IVI determined that No Historic Properties are located within the

APE for Direct Effects and the Undertaking would have No Adverse Effect on historic

properties located within the APE.




HISTORIC SITES

“JANSEN LANE”

Berne, New York

Page 14

SHPO Review

IVI submitted the above review and determination of effect using FCC Form 621 via the

FCC’s on-line Electronic Section 106 (“E-106”) submission process. The New YorkSHPO issued concurrence with our findings via the FCC’s E-106 system on August 28,

2015.

Public Participation

With regards to the public participation, IVI posted a public notice on August 7, 2015 inthe Post-Standard, a local newspaper of general circulation. IVI additionally reached out

to other individuals or organizations with a demonstrated legal or economic interest in theUndertaking, or demonstrated expertise or standing as a representative of local or public

interest in historic or cultural resources preservation by sending out invitation to consultletters.

As of this date, there has been no other response to IVI’s public participation efforts andthe appropriate waiting period has expired.

Summary

Consequently, pursuant to 36 CFR 800.4(d)(1), no further Section 106 consultation isrequired unless additional resources are discovered during project implementation pursuant

to 36 CFR 800.13.

As such, the Undertaking is not one that may affect districts, sites, buildings, structures orobjects, significant in American history, architecture, archaeology, engineering or culture

that are listed, or are eligible for listing, in the NRHP and the project is exempt from furtherreview.




NATIVE AMERICAN RELIGIOUS SITES

“JANSEN LANE”

Berne, New York

Page 15

Native American Religious Sites Section 106 of the NHPA and its implementing regulations, “Protection of Historic Properties” (36 CFR Part

800), require consultation with Native American tribal groups regarding proposed projects and potentialimpacts to Native American religious sites. In order to determine which Native American tribal groups may

potentially have areas of cultural interest within the area of the Undertaking, the FCC has established theTribal Consultation Notification System. TCNS works to increase communication with Indian Tribes and

Native Hawaiian Organizations (NHOs) in the context of the review required by the NHPA. It also provides

Tribes/NHOs and State Historic Preservation Office with early notification of proposed towers and

collocations in order to facilitate compliance with the Commission's rules, and to streamline the review

process.

Is the Undertaking one that may affect Native American religious sites? (47 CFR

§1.1307(a)(5))

Exempt from Review*

Yes No






Neither of the above exclusions apply to Undertakings which could cause human radiofrequency


Resources:

“Indian Lands in the United States” prepared by the Bureau of Indian Affairs (BIA) Geographic Data

Service Center, dated December 1998

http://www.nps.gov/history/nagpra/

http://wireless.fcc.gov/outreach/index.htm?job=tower_notificationIndividual Tribal Correspondence as per TCNS Responses

Conclusion

As part of the Undertaking’s Section 106 Review, information pertaining to the

Undertaking was posted through the FCC’s online Tower Construction NotificationSystem (“TCNS”) and the following tribes expressed interest in the Undertaking’s

geographical area.

• St. Regis Mohawk Tribe

• Cayuga Nation

• Narragansett Indian Tribe

• Tuscarora Nation

• Keweenaw Bay Indian Community

•

Stockbridge-Munsee Band of Mohican Indians

• Eastern Shawnee Tribe of Oklahoma

• Wyandotte Nation

• Shawnee Tribe

• Lac du Flambeau Band of Lake Superior Chippewa Indians

• Delaware Tribe of Indians of Oklahoma





“JANSEN LANE”

Berne, New York

Page 16

According to the attached TCNS Notice of Organizations email and subsequentconsultation, the above tribe’s have either requested a 30-day review period in which they

will contact the applicant if they wish to participate in the consultation process, IVI’sconsultation with each tribe with respect to the project scope and location has revealed they

do not wish to consult further on the project or communication was referred to the FCCthrough the TCNS system and the appropriate waiting period has expired. As of this writing

it can be concluded that the above tribes do not wish to participate further in theconsultation process, provided work is stopped and they are contacted in the event of

inadvertent discovery of cultural resources.

As such, the Undertaking is not one that may affect Native American religious sites.




FLOOD PLAINS

“JANSEN LANE”

Berne, New York

Page 17

Flood Plains According to Executive Order 11988 referred to in section 1.1307(a)(6), a floodplain is defined as the

"lowland and relatively flat area adjoining inland and coastal waters . . . including at a minimum, that areasubject to a one percent or greater chance of flooding in any given year." This definition is often referred to

as a "100-year floodplain."

The Federal Emergency Management Agency (FEMA) is the administrator of the National Flood Insurance

Program (NFIP), and the federal agency having lead responsibility for flood hazard assessment and mitigation.

FEMA has adopted the 100-year floodplain as the base flood standard for NFIP as that agency is mainly

concerned with construction which could potentially harm a 100-year floodplain. Relying upon FEMA's

guidelines, the term "floodplain" as used in 47 CFR §1.1307(a)(6) refers to a 100-year floodplain.

Is the Undertaking one that is located within a flood plain? (47 CFR §1.1307(a)(6))

Exempt from Review*

Yes No

*The preparation of EAs do not encompass the mounting of antenna(s) on an existing building orantenna tower unless § 1.1307(a)(4) (Facilities that may affect districts, sites, buildings, structures or

objects, significant in American history, architecture, archaeology, engineering or culture, that arelisted, or are eligible for li sting, in the NRHP of this part is applicable. (47 CFR §1.1307 Note 1)





Resources:

FEMA Flood Insurance Maps- http://www.fema.gov

Further Advice on Executive Order 11988 Floodplain Management - http://www.fema.gov

Client Provided Exhibits

Conclusion

IVI reviewed the applicable FEMA flood plain map(s) for the Undertaking.

According to this review, the Undertaking is not located within a mapped 100 year FEMA

Flood Zone.

As such, the Undertaking is not located within a floodplain.

http://www.fema.gov/







SURFACE FEATURES

“JANSEN LANE”

Berne, New York

Page 18

Surface Features (Wetlands)

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, andnatural springs.

Is the Undertaking one that will involve significant change in surface features (e.g.,

wetland fill, deforestation or water diversion)? (47 CFR §1.1307(a)(7))

Exempt from Review*

Yes No




The preparation of EAs do not encompass the construction of an antenna tower or supporting structurein an established “antenna farm”: (i.e. an area in which similar antenna towers are clustered whether or

not such area has been officially designated as an antenna farm). (47 CFR §1.1307 Note 3)

Neither of the above e xclusions apply to Undertakings which could cause human radiofrequencyexposure in excess of the applicable health and safety guidelines in 47 CFR §1.1307b

Resources:

US Department of the Interior, Fish and Wildlife Service, National Wetlands Mapper

http://wetlandsfws.er.usgs.gov/wtlnds/launch.html

Client Provided Lease Exhibits

Conclusion

IVI also determined that the proposed Undertaking would not involve deforestation (to be

differentiated from sporadic tree clearing) or water diversion.

As such, the Undertaking is not one that will involve significant change in surface features(e.g., wetland fill, deforestation or water diversion).






HIGH INTENSITY WHITE LIGHTS

“JANSEN LANE”

Berne, New York

Page 19

High Intensity White Lights

Generally, towers exceeding an overall height of 200 ft above ground level require markings and/or lighting.

In some cases, an FAA aeronautical study will demonstrate the need for markings and/or lighting for towers

shorter than 200 ft or the lack of such need for towers over 200 ft high. The FAA analysis and guidelines will

also direct the applicant to the types of markings and/or lighting that are acceptable. High intensity lighting

is only one of several lighting options. Advisory Circular (AC) 150/5345-43 (“FAA Specifications forObstruction Lighting Equipment”) provides details.

Is the Undertaking one that will include antenna towers and/or supporting structures

that are to be equipped with high intensity white lights which are to be located in

residential neighborhoods, as defined by the applicable zoning law? (47 CFR § 1.1307

(a) (8))

Exempt from Review*

Yes No




The preparation of EAs do not encompass the construction of an antenna tower or supporting structurein an established “antenna farm”: (i.e. an area in which similar antenna towers are clustered whether ornot such area has been officially designated as an antenna farm). (47 CFR §1.1307 Note 3)



Resources:

Client Provided Information

Conclusion

IVI reviewed topographic maps, aerial photographs, online databases and maps showing

areas containing residential neighborhoods.

According to this review the Undertaking will not be equipped with high intensity whitelights and/or is not located in a residential neighborhood.

As such, the Undertaking is not one that will include antenna towers and/or supporting

structures that are to be equipped with high intensity white lights which are to be locatedin residential neighborhoods, as defined by the applicable zoning law and the project is

exempt from further review.




RADIOFREQUENCY EMISSIONS

“JANSEN LANE”

Berne, New York

Page 20

Radiofrequency Emissions Antenna sites must be evaluated for compliance with limits for maximum permissible exposure (MPE).

Preparation of an EA and a determination of compliance with exposure limits established in §§ 1.1310 and2.1093 of 47 CFR Chapter I is required for facilities, operations and transmitters that meet the criteria based

on operating power, location, or height above ground set forth in Table 1 in §1.1307.

A facility is categorically excluded from routine evaluation for compliance with the RF guidelines if:

1. For non-building-mounted antennas: The lowest point on the transmitter antenna is at least 10 m (33

ft) above the ground or the total power of all channels is 1000 watts effective radiated power (ERP)

or less.

2. For building-mounted antennas: If the total power of all channels is 1000 watts ERP or less.

Where a categorical exclusion does not apply, an evaluation of the RF emissions must be performed.

Is the Undertaking one that may cause human exposure to levels of radiofrequency

radiation in excess of FCC-adopted guidelines? (47 CFR § 1.1307 (a) (9))

Yes No

Resources:

Client Provided Information

Conclusion

An evaluation to determine whether radio frequency (RF) emission standards will be met

is not included in this report. It is the understanding of IVI that Pyramid c/o Albany Countyor one of its representatives will evaluate the undertaking to ensure compliance with

applicable RF standards as per 47 CFR 1.1307 (b).




NATIONAL SCENIC TRAILS

“JANSEN LANE”

Berne, New York

Page 21

National Scenic Trails National Scenic Trails are a designation for protected areas in the United States that consist of trails of

particular natural beauty. National Scenic Trails were authorized under the National Trails System Act of1968 (Public Law 90-543) along with National Historic Trails and National Recreation Trails. National Scenic

Trails and National Historic Trails may only be designated by an act of Congress.

In October of 1999, CTIA – The Wireless Association, PCIA – The Wireless Infrastructure Association and

representatives from the National Scenic Trails, known as Managing and Supporting Trail Organizations

(“MSTO”) adopted a resolution and voluntary guidelines pertaining to sites within one mile of designated

National Scenic Trails. Although consideration of the interests of MSTO is not required under FCC rules, the

MSTO have previously taken action to slow or stop facilities sites, and the guidelines are designed to avoid

those situations.

Is the Undertaking one that is located within one mile of the centerline of a National

Scenic (or Historic) Trail and has the MSTO indicated that the proposed construction

will have a significant effect?

Yes No

Resources:

http://www.nps.gov/nts/maps.htmlhttp://www.nps.gov/ncrc/programs/nts/nts_trails.html

Conclusion

The Undertaking is not one that is located within one mile of the centerline of a NationalScenic (or Historic) Trail.

http://www.nps.gov/nts/maps.html

http://www.nps.gov/ncrc/programs/nts/nts_trails.html

http://www.nps.gov/ncrc/programs/nts/nts_trails.html

http://www.nps.gov/nts/maps.html



4.0 LIMITING CONDITIONS “JANSEN LANE”

Berne, New York

Page 22

4.1 This report has been prepared in compliance with generally accepted practices for conducting

NEPA screenings in general compliance with FCC procedures found at 47 CFR, SubchapterA, Chapter 1, Part 1, Subpart I, §§ 1.1301 to 1.1319.

4.2 The observations described in this report were made under the conditions stated herein. Theconclusions presented in this report were based solely upon the services described herein.

4.3 In preparing this report, IVI has relied on certain information provided by federal, state, and

local officials and other parties referenced therein, and on information contained in the files

of governmental agencies, that were readily available to IVI at the time of this assessment.Although there may have been some degree of overlap in the information provided by thesevarious sources, IVI did not attempt to independently verify the accuracy or completeness of

all information reviewed or received during the course of this site assessment. Observationswere made of the site and of the structures on the site as indicated in this report. Where

access to portions of the site or to structures on the site was unavailable or limited, IVI rendersno opinion as to the effect of the Undertaking on same.

4.4 No subsurface testing was conducted to determine the presence or absence of cultural

resources in the project area unless specifically delineated within this report.

4.5 No wetlands delineation was conducted to determine the presence or absence of wetlands in

the project area unless specifically delineated within this report.

4.6 No formal biological assessment was conducted to determine the presence or absence ofendangered species in the project area unless specifically delineated within this report.

4.7 This report is not to be relied upon by any party nor used for any purpose other than that

specifically stated within this Report’s Introduction Section 2.1 without IVI’s advance andexpress written consent.



APPENDIX APHOTOGRAPHS



Jansen LaneBerne, New York

Telecom Services, A CBRE Company IVI Project No. TS50714170

Subject looking South

Subject Looking West

2

1





Subject Looking North

Subject Looking East

4

3





Looking away from Subject towards North

Looking away from Subject towards West

6

5





Looking away from Subject towards South

Looking away from Subject towards East

7

8





Proposed Subject Location

Existing Drive (to be improved as needed)

9

10





Well

Proposed Drainage Swale (area to be regraded)

11

12





Existing Pathway (to be improved as needed)

Hay Storage Barn

13

14



APPENDIX BREFERENCES



SITE DRAWINGS



STREET MAP



AERIAL PHOTOGRAPH



AerialSource: Google Earth Project: JANSEN LANE

Berne, New York

Project Number: TS50714170

N

Undertaking



TOPOGRAPHIC MAP



USGS Topographic Map

Source: USGS Project: JANSEN LANE

Berne, New York


N

Undertaking



WILDERNESS AREAS

&

WILDLIFE PRESERVES



Wilderness Areas

Source:

www.wilderness.net

Project: JANSEN LANE

Berne, New York


N

Undertaking



National Wildlife Refuge

Source: USFWS



Berne, New York


N

Undertaking



ENDANGERED SPECIES



Wildlife Management Area

Source: http://www.dec.ny.gov/outdoor/8286.html Project: JANSEN LANE

Berne, New York


N

Undertaking

http://www.dec.ny.gov/outdoor/8286.html






USFWS Critical Habitat Map

Source: USFWS

http://crithab.fws.gov/


Berne, New York


N

Undertaking



IVI TELECOM SERVICES, A CBRE COMPANY

55 West Red Oak Lane

White Plains, New York 10604(914) 694-9600 (tel)

(914) 694-1335(fax)

www.ivi-intl.com


LOS ANGELES MIAMI WASHINGTON, D.C.BARCELONA · LONDON · PARIS ·NICE · STOCKHOLM


November 11, 2015

Information Services New York Natural Heritage Program

New York State Department of Environmental Conservation

625 Broadway, 5th FloorAlbany, NY 12233-4757

Attn: Jean Petrusiak

Re: Proposed Wireless Telecommunications Facility “Jansen Lane”

28 Jansen LaneBerne, Albany County, New York

Latitude N 42° 37’ 14.5”, Longitude W 74° 08’ 40.4”IVI Project No.: TS50714170

To whom it may concern:

IVI Telecom Services, Inc. (IVI) has been retained to conduct a National Environmental Policy Act (NEPA) review on

the following property for a proposed wireless telecommunications facility pursuant to 47 CFR, Part 1, Subpart 1, RuleSection 1.1307(a) of the NEPA. The proposed facility will be located in a rural area consisting of wooded land andexisting roadway.

IVI is inquiring whether or not threatened or endangered species or designated critical habitats are present in the area ofthe above-referenced project. Specifically, does your office have records of known occurrences of rare or state listed

animals or plants, significant natural communities, or other significant habitats, on or in the immediate vicinity of the project area and, if it does, we request a list of these occurrences.

Please fax or mail your response to the address/number provided above or email to [email protected] (preferred

method). Thank you very much for your assistance and please do not hesitate to contact IVI for any additionalinformation or questions you may have.

Sincerely,


Christopher Bond

Project Manager - Biologist

http://www.ivi-intl.com/

mailto:[email protected]







October 15, 2015

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Fish, Wildlife and Marine Resources

New York Natural Heritage Program

625 Broadway, 5th Floor, Albany, New York 12233-4757

Phone: (518) 402-8935 • Fax: (518) 402-8925

Website: www.dec.ny.gov

Christopher Bond



White Plains, NY 10604

Proposed wireless telecommunications facility "Jansen Lane", 28 Jansen Lane (IVI Project No.:

TS50714170)

Re:

Berne.Town/City: Albany.County:

Christopher Bond:Dear

1092

Andrea Chaloux

Environmental Review Specialist


In response to your recent request, we have reviewed the New York Natural Heritage Program

database with respect to the above project.

Enclosed is a report of rare or state-listed animals and plants, and significant natural communities

that our database indicates occur, or may occur, on your site or in the immediate vicinity of your site.

For most sites, comprehensive field surveys have not been conducted; the enclosed report only

includes records from our database. We cannot provide a definitive statement as to the presence or

absence of all rare or state-listed species or significant natural communities. Depending on the nature ofthe project and the conditions at the project site, further information from on-site surveys or other

sources may be required to fully assess impacts on biological resources.

Our database is continually growing as records are added and updated. If this proposed project is

still under development one year from now, we recommend that you contact us again so that we may

update this response with the most current information.

The presence of the plants and animals identified in the enclosed report may result in this project

requiring additional review or permit conditions. For further guidance, and for information regarding

other permits that may be required under state law for regulated areas or activities (e.g., regulated

wetlands), please contact the appropriate NYS DEC Regional Office, Division of EnvironmentalPermits, as listed at www.dec.ny.gov/about/39381.html.

Sincerely,




The following state-listed animals have been documented

in the vicinity of your project site.

The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern;and/or that are federally listed or are candidates for federal listing. The list may also include other rare animalsand rare plants found with listed animals.

Report on State-listed Animals

For information about any permit considerations for your project, contact the Permits staff at the

NYSDEC Region 4 Office. For information about potential impacts of your project on these species, and

how to avoid, minimize, or mitigate any impacts, contact the Wildlife Manager.

A listing of Regional Offices is at http://www.dec.ny.gov/about/558.html.

The following species have been documented with in 5 mi of the project site. Individual animals may travel 5 mifrom documented locations. The main impact of concern for bats is the removal of potential roost trees.

SCIENTIFIC NAME FEDERAL LISTING NY STATE LISTINGCOMMON NAME

Mammals

Myotis septentrionalis Threatened ThreatenedNorthern Long-eared Bat

Two hibernacula have been documented within 5 mi of the project site.

142

This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field

surveys have not been conducted, and we cannot provide a definitive statement as to the presence or absence ofall rare or state-listed species. Depending on the nature of the project and the conditions at the project site, furtheinformation from on-site surveys or other sources may be required to fully assess impacts on biological resource

If any rare plants or animals are documented during site visits, we request that information on the observations be provided to the New

York Natural Heritage Program so that we may update our database.

Information about many of the listed animals in New York, including habitat, biology, identification, conservation, and management, areavailable online in Natural Heritage’s Conservation Guides at www.guides.nynhp.org, and from NYSDEC at

www.dec.ny.gov/animals/7494.html.

Page 110/15/2015



IVI TELECOM SERVICES, a CBRE Company

55 West Red Oak LaneWhite Plains, New York 10604(914) 694-9600 (tel)(914) 694-5870 (fax)

www.ivi-intl.com

NEW YORK ATLANTA AUSTIN CHICAGO LAS VEGASLOS ANGELES MIAMI WASHINGTON, D.C.

BARCELONA · LONDON · PARIS ·NICE · STOCKHOLM


October 22, 2015

Peter Innes

NYSDEC Region 4 Office 1130 N. Westcott RoadSchenectady, NY 12306

Re: “Jansen Lane” – Proposed Wireless Telecommunications FacilityJansen Lane RoadBerne, Albany County, New York 12023

Latitude 42°37’ 14.5”N, Longitude 74°08’ 40.4”WTower Type/Height: Self-Support – 180 ft.



IVI Telecom Services, a CBRE Company (IVI) has been retained to conduct a National Environmental Policy Act

(NEPA) review for Pyramid Network Services, LLC of a proposed wireless telecommunications facility known as

“Jansen Lane,” located near 28 Jansen Lane, in Berne, Albany County, New York (the “Subject”) pursuant to 47CFR, Part 1, Subpart 1, Rule Section 1.1307(a) of the NEPA. As part of this review, IVI must adhere to Section 7of the Endangered Species Act to determine whether the proposed wireless telecommunications facility will

jeopardize any threatened or endangered (“T/E”) species.

Project Description

Pyramid proposes the construction of a 180 ft. self-support tower (all appurtenances) along with the installation ofancillary equipment at ground level within an approximately 50’ x 60’ lease parcel. Access will be provided by an

existing farm road extending from Jansen Lane. A 1,000 gallon propane tank is also proposed within the 50’ x

60’ lease area.

The proposed wireless telecommunications facility described above including all areas of potential disturbance is

hereby referred to as the “Undertaking.”

Subject & Surrounding Area Description

Currently the Subject area is comprised of cleared area within forested land. The existing farm road will beutilized as the access road to the Subject, which may be improved as needed. The farm road begins off Jansen

Lane, with the new portion running northwest towards the proposed compound. The 50’ x 60’ fenced incompound will be located in an area that is currently cleared. Limited tree clearing may be needed (see attached

photos and site plans for more details). There are currently no wetlands mapped in the area of, or adjacent to, theaccess road or compound.



“Jansen Lane”

Berne, New York

Species of Concern

The below species was listed in a response from the New York Natural Heritage Program, which provided a listof species documented within 1 miles of the Undertaking:

Species Habitat Suitable Habitat at Subject?

Northern Long-

eared Bat

Found in crevices and cavities in live and dead trees. Prefer

exfoliating bark for roosting.

No suitable habitat

No Effect

Based on the above information, IVI has determined that the Undertaking does not possess suitable habitat for the

Northern Long-eared Bat. As such, the Undertaking will not effect this species.

IVI requests a reply concurring with the above determination or with any additional information necessary in

order to complete your review.


On September 27, 2013, the USFWS revised the “Guidelines for Communication Tower Design, Siting,Construction, Operation, Retrofitting, and Decommissioning. These guidelines outline voluntary federal

recommendations designed to minimize the impacts of tower facilities on migratory birds protected under the

Migratory Bird Treaty Act (MBTA) and the Endangered Species Act. Based upon the Undertaking design (i.e.non guyed) and height (i.e. less than 200 feet above ground level), the Undertaking meets many of therecommendations set forth in the USFWS’s Revised Guidelines. As such, it is unlikely that the Undertaking

would adversely impact migratory bird species protected under the MBTA and the Endangered Species Act.

Please fax or mail your response to the address/number provided above or email to [email protected]

(preferred method). Thank you very much for your assistance and please do not hesitate to contact IVI for anyadditional information or questions you may have.

Sincerely,



Chris Bond

Project Manager - Biologist







4

3







6

5







7

8







9

10





Well


11

12






Hay Storage Barn

13

14



October 15, 2015

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Fish, Wildlife and Marine Resources


625 Broadway, 5th Floor, Albany, New York 12233-4757

Phone: (518) 402-8935 • Fax: (518) 402-8925

Website: www.dec.ny.gov

Christopher Bond



White Plains, NY 10604

Proposed wireless telecommunications facility "Jansen Lane", 28 Jansen Lane (IVI Project No.:

TS50714170)

Re:

Berne.Town/City: Albany.County:

Christopher Bond:Dear

1092

Andrea Chaloux

Environmental Review Specialist


In response to your recent request, we have reviewed the New York Natural Heritage Program

database with respect to the above project.

Enclosed is a report of rare or state-listed animals and plants, and significant natural communities

that our database indicates occur, or may occur, on your site or in the immediate vicinity of your site.

For most sites, comprehensive field surveys have not been conducted; the enclosed report only

includes records from our database. We cannot provide a definitive statement as to the presence or

absence of all rare or state-listed species or significant natural communities. Depending on the nature ofthe project and the conditions at the project site, further information from on-site surveys or other

sources may be required to fully assess impacts on biological resources.

Our database is continually growing as records are added and updated. If this proposed project is

still under development one year from now, we recommend that you contact us again so that we may

update this response with the most current information.

The presence of the plants and animals identified in the enclosed report may result in this project

requiring additional review or permit conditions. For further guidance, and for information regarding

other permits that may be required under state law for regulated areas or activities (e.g., regulated

wetlands), please contact the appropriate NYS DEC Regional Office, Division of EnvironmentalPermits, as listed at www.dec.ny.gov/about/39381.html.

Sincerely,



ASSESSMENT AND CONSULTING SERVICES

Christopher S Bond

Education: M.S. Environmental Science, Sacred Heart University

B.S. Traditional Biology, Sacred Heart University

Licenses/Registrations Methodology for Delineating Wetlands, Rutgers University

NYS Wetlands Forum Member, 2015

Years of Experience: 2.5 years

Summary of Professional Experience

Mr. Bond is a Biologist and Project Manager at IVI Telecom, a CBRE Company for over two years. He

has conducted Migratory Bird Surveys, consulted on Wetland Delineations, Natural Resource and

NEPA reviews for various clients within the telecommunications industry.

Mr. Bond’s environmental experience extends from both his background in biology and chemistry.

Specifically, Mr. Bond has conducted environmental sampling of rivers, streams and groundwater forpresence of harmful chemicals and suspended solids. Mr. Bond has also conducted biological

surveys for different migratory bird species and invertebrate diversity within streams and rivers. He

also has experience coordinating and working with the USFWS Field Offices throughout the United

States.

Mr. Bond received his Bachelor of Science at Sacred Heart University with majors in Traditional

Biology. Mr. Bond also received his Master of Science in Environmental Science at the Sacred Heart

University Environmental Graduate Program. While attending graduate school, he participated in

Project Limulus where he conducted species surveys of horseshoe crab populations within the LongIsland Sound. Mr. Bond was also a co-writer of “Estimation of Short-Term Tag-Induced Mortality in

Horseshoe Crab Limulus Polyphemus” which was published in Biology Faculty Publications in 2011.





White Plains, New York 10604

(914) 694-9600 (tel)(914) 694-5870 (fax)

www.ivi-intl.com


LOS ANGELES MIAMI WASHINGTON, D.C.BARCELONA · LONDON · PARIS ·NICE · STOCKHOLM


October 23, 2015

USFWS New York Ecological Services Field Office3817 Luker Road

Cortland, NY 13045

(607) 753-9334

Re: “Jansen Lane” – Proposed Wireless Telecommunications Facility

28 Jansen Lane

Berne, Albany County, New York 12023

Latitude 42° 37’ 14.5”N, Longitude 74° 08’ 40.4”WTower Type/Height: Self-support – 180 ft.IVI Project No.: TS50714170


IVI Telecom Services, a CBRE Company (IVI) has been retained to conduct a National Environmental Policy Act(NEPA) review for Pyramid Network Services, LLC of a proposed wireless telecommunications facility known as“Jansen Lane,” located near 28 Jansen Lane, in Berne, Albany County, New York (the “Subject”) pursuant to 47

CFR, Part 1, Subpart 1, Rule Section 1.1307(a) of the NEPA. As part of this review, IVI must adhere to Section 7

of the Endangered Species Act to determine whether the proposed wireless telecommunications facility will jeopardize any threatened or endangered (“T/E”) species.

Project Description

Pyramid proposes the construction of a 180 ft. self-support tower (all appurtenances) along with the installation ofancillary equipment at ground level within an approximately 50’ x 60’ lease parcel. Access will be provided by an

existing farm road extending from Jansen Lane. A 1,000 gallon propane tank is also proposed within the 50’ x60’ lease area.

The proposed wireless telecommunications facility described above including all areas of potential disturbance ishereby referred to as the “Undertaking.”

Subject & Surrounding Area Description

Currently the Subject area is comprised of cleared area within forested land. The existing farm road will beutilized as the access road to the Subject, which may be improved as needed. The farm road begins off Jansen

Lane, with the new portion running northwest towards the proposed compound. The 50’ x 60’ fenced incompound will be located in an area that is currently cleared. Limited tree clearing may be needed (see attached

photos and site plans for more details). There are currently no wetlands mapped in the area of, or adjacent to, theaccess road or compound.





“Jansen Lane”

Jansen Lane, New York

Listed Species

According to the USFWS Information, Planning, and Conservation System, the following species are potentiallylocated in the area of the Undertaking:

Species Name Species Status Species Habitat Requirement Suitable

Habitat atSubject? Federal State

Northern Long

– Eared Bat

T T Spend winters hibernating in caves and mines. During the

summer the bats roost in cavities or crevices of both live and

dead trees, or in caves and mines.

No suitable

habitat

No Effect

Federal Status Codes: E=Endangered, T=Threatened, P=Proposed, C=Candidate, D=Delisted, NA=Not Listed

State Status Codes: E=Endangered, T=Threatened, SC=Special Concern, NA=Not Listed

Based on the above information, IVI has determined that the Undertaking does not possess suitable habitat for the

Northern Long-eared Bat. As such, the Undertaking will not effect this species.

IVI requests a reply concurring with the above determination or with any additional information necessary in

order to complete your review.


On September 27, 2013, the USFWS revised the “Guidelines for Communication Tower Design, Siting,Construction, Operation, Retrofitting, and Decommissioning. These guidelines outline voluntary federal

recommendations designed to minimize the impacts of tower facilities on migratory birds protected under the

Migratory Bird Treaty Act (MBTA) and the Endangered Species Act. Based upon the Undertaking design (i.e.non guyed) and height (i.e. less than 200 feet above ground level), the Undertaking meets many of therecommendations set forth in the USFWS’s Revised Guidelines. As such, it is unlikely that the Undertaking

would adversely impact migratory bird species protected under the MBTA and the Endangered Species Act.

Please fax or mail your response to the address/number provided above or email to [email protected]

(preferred method). Thank you very much for your assistance and please do not hesitate to contact IVI for anyadditional information or questions you may have.

Sincerely,



Chris BondProject Manager - Biologist






U.S. Fish & Wildlife Service

Jansen Lane - TS50714170

IPaC Trust Resource Report Generated September 25, 2015 09:14 AM MDT

This report is for informational purposes only and should not be used for planning or

analyzing project-level impacts. For projects that require FWS review, please return to

this project on the IPaC website and request an official species list from the Regulatory

Documents page.



JXSYH-KBVOV-DX5AW-IPIT6-ANTEREIPaC Trust Resource Report

09/25/2015 09:14 Page 2Information for Planning and ConservationIPaC

Version 2.2.7

US Fish & Wildlife Service

IPaC Trust Resource Report

Project Description

NAMEJansen Lane - TS50714170

PROJECT CODE

JXSYH-KBVOV-DX5AW-IPIT6-ANTERE

LOCATION

Albany County, New York

DESCRIPTION

No description provided

U.S. Fish & Wildlife Contact InformationSpecies in this report are managed by:

New York Ecological Services Field Office

3817 Luker Road

Cortland, NY 13045-9349

(607) 753-9334

http://localhost/project/JXSYHKBVOVDX5AWIPIT6ANTERE

http://localhost/project/JXSYHKBVOVDX5AWIPIT6ANTERE





Version 2.2.7

Threatened

Endangered SpeciesProposed, candidate, threatened, and endangered species that are managed by the

and should be considered as part of an effect analysisEndangered Species Program

for this project.

This unofficial species list is for informational purposes only and does not fulfill the

requirements under of the Endangered Species Act, which states that FederalSection 7agencies are required to "request of the Secretary of Interior information whether any

species which is listed or proposed to be listed may be present in the area of a

proposed action." This requirement applies to projects which are conducted, permitted

or licensed by any Federal agency.

A letter from the local office and a species list which fulfills this requirement can be

obtained by returning to this project on the IPaC website and requesting an official

species list on the Regulatory Documents page.

Mammals Northern Long-eared Bat Myotis septentrionalis

CRITICAL HABITAT

has been designated for this species.No critical habitat

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A0JE

Critical HabitatsPotential effects to critical habitat(s) within the project area must be analyzed along with

the endangered species themselves.

There is no critical habitat within this project area

http://www.fws.gov/endangered/

http://www.fws.gov/endangered/laws-policies/section-7.html



http://www.fws.gov/endangered/laws-policies/section-7.html

http://www.fws.gov/endangered/





Version 2.2.7

Bird of conservation concern













Migratory BirdsBirds are protected by the and the Bald and Golden EagleMigratory Bird Treaty Act

Protection Act.

Any activity which results in the of migratory birds or eagles is prohibited unlesstake

authorized by the U.S. Fish and Wildlife Service ( ). There are no provisions for1

allowing the take of migratory birds that are unintentionally killed or injured.

You are responsible for complying with the appropriate regulations for the protection of

birds as part of this project. This involves analyzing potential impacts and implementing

appropriate conservation measures for all project activities.

American Bittern Botaurus lentiginosus

Season: Breeding

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0F3

Bald Eagle Haliaeetus leucocephalus

Year-roundhttps://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B008

Black-billed Cuckoo Coccyzus erythropthalmus

Season: Breeding

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0HI

Blue-winged Warbler Vermivora pinus

Season: Breeding

Canada Warbler Wilsonia canadensis

Season: Breeding

Golden-winged Warbler Vermivora chrysoptera

Season: Breeding

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0G4

Least Bittern Ixobrychus exilis

Season: Breeding

Louisiana Waterthrush Parkesia motacilla

Season: Breeding

Peregrine Falcon Falco peregrinus

Season: Breeding

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0FU

Pied-billed Grebe Podilymbus podicepsSeason: Breeding

Prairie Warbler Dendroica discolor

Season: Breeding

Red-headed Woodpecker Melanerpes erythrocephalus

Season: Breeding

Short-eared Owl Asio flammeus

Season: Wintering

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0HD

http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/mbtintro.html


https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B008









https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B008


http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/mbtintro.html





Version 2.2.7

Bird of conservation concernWood Thrush Hylocichla mustelina

Season: Breeding





Version 2.2.7

RefugesAny activity proposed on lands must undergo a 'CompatibilityNational Wildlife Refuge

Determination' conducted by the Refuge. If your project overlaps or otherwise impacts a

Refuge, please contact that Refuge to discuss the authorization process.

There are no refuges within this project area







Version 2.2.7

WetlandsImpacts to and other aquatic habitats from your project may be subject toNWI wetlands

regulation under Section 404 of the Clean Water Act, or other State/Federal Statutes.

Project proponents should discuss the relationship of these requirements to their project

with the Regulatory Program of the appropriate .U.S. Army Corps of Engineers District

DATA LIMITATIONSThe Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information

on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.

Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use

of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland

boundaries or classification established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,

the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata

should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be

occasional differences in polygon boundaries or classifications between the information depicted on the map and the

actual conditions on site.

DATA EXCLUSIONS

Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial

imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged

aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.

Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.

These habitats, because of their depth, go undetected by aerial imagery.

DATA PRECAUTIONS

Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a

different manner than that used in this inventory. There is no attempt, in either the design or products of this

inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the

geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities

involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or

local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such

activities.

There are no wetlands identified in this project area

http://www.fws.gov/wetlands/

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx

http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx

http://www.fws.gov/wetlands/







4

3







6

5







7

8







9

10





Well


11

12






Hay Storage Barn

13

14




Christopher S Bond














States.








United States epartment of the nterior

FISHAND WILDLIFE SERVICE

New York Field Office

3817 Luker Road

Cortland, NY 13045

Phone: (607) 753-9334 Fax: (607) 753-9699

http://www .fws.gov/northeast/nyfo

To: Christopher Bond

Date: Nov 3, 2015

USFWS File NO:-,1,- ,5- .I:o::..:5<..=2'--- _

Regarding your: ~ Letter

Fax

Email

Dated: Sep 25, 2015

For project: Jansen Lane proposed cell site

Located: 28 Jansen Lane

In Town/County: Town of Beme, Albany County

Pursuant to the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended; 16U.S.C. 1531

et

seq. the u.S. Fish and Wildlife Service:

Acknowledges receipt of your no effect and/or no impact determination. No further ESA

coordination or consultation is required.

~ Acknowledges receipt of your determination. Please provide a copy of your determination and

supporting materials to any involved Federal agency for their final ESA determination.

Is taking no action pursuant to ESA or any legislation at this time, but would like to be kept

informed of project developments.

As a reminder, until the proposed project is complete, we recommend that you check our website

(http://www.fws.gov/northeast/nyfo/es/section7.htm) every 90 days from the date of this letter to ensure

that listed species presence/absence information for the proposed project is current. Should project

plans change or if additional information on listed or proposed species or critical habitat becomes

available, this determination may be reconsidered.

USFWS Contact(s): \

~dta..

d u~

supervisor:._.I- ->..: o . . ; . .. a : , t C , a o : ~ a , .

L . . . J

- C _ ~ 4 < . . . . . . . « : . , , - - Date: fI/J/A ;c



HISTORIC SITES



National Register of Historic Places

Source: Google Earth

= NR Property


Berne, New York


N

Undertaking



Historic Places

Source: SHPO Project: JANSEN LANE

Berne, New York


N

Undertaking



From: [email protected]

To: Mancuso, Laura

Subject: Section 106 Notification of SHPO/THPO Concurrence- Email ID #1375920

Date: Friday, August 28, 2015 11:47:55 AM

This is to notify you that the Lead SHPO/THPO has concurred with the following filing:Date of Action: 08/28/2015

Direct Effect: No Historic Properties in Area of Potential Effects (APE)Visual Effect: No Adverse Effect on Historic Properties in APEComment Text: Daria Merwin, NY SHPO, August 28, 2015

File Number: 0006914512TCNS Number: 129733Purpose: New Tower Submission Packet Notification Date: 7AM EST 08/17/2015Applicant: Albany CountyConsultant: IVI Telecom Services, a CBRE CompanyPositive Train Control Filing Subject to Expedited Treatment Under Program Comment: No

Site Name: Jansen Lane - MOTNY1009Site Address: 28 Jansen LaneDetailed Description of Project: Jansen Lane-MOTNY1009 - proposed construction of a new telecommunications self-support tower and compound Site Coordinates: 42-37-14.5 N, 74-8-40.4 WCity: BerneCounty: ALBANYState:NYLead SHPO/THPO: New York State Historic Preservation Office

NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE

Use of the Section 106 system is intended to facilitate consultation under Section 106 of the National Historic Preservation Act and may contain information that is confidential, privileged or otherwise protected from disclosure under applicable laws. Any person having access to Section 106 information shall use it only for its intended purpose. Appropriate action will be taken with respect to any misuse of the system.







FCC Form FCC Wireless Telecommunications Bureau Approved by OMB

3060 – 1039

Notification Date: See instructions fo

File Number: public burden estimate

General Information

1) (Select only one) ( )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 applicationcurrently on file.

File Number:

Applicant Information

3) FCC Registration Number (FRN):

4) Name:

Contact Name

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

9) Title:

Contact Information

10) P.O. Box:And

/Or 11) Street Address:

12) City: 13) State: 14) Zip Code:

15) Telephone Number: 16) Fax Number:

17) E-mail Address:

Consultant Information


19) Name:

Principal Investigator


24) Title:

Principal Investigator Contact Information

25) P.O. Box:And




32) E-mail Address:

Albany County

0005133558

Ralph Mariani

Inspector

449 New Salem Road

Voorheesville NY 12186

(518)655-7897

0018180992


[email protected]

Laura MancusoL

4 West Red Oak Lane

White Plains NY 10604

(914)740-1991

[email protected]

1 of 16

NE

620

FCC Form 620

New Tower ( 0 NT1 ) Submission Packet

0006914512

7AM EST 08/17/2015

May 2014



Site InformationTower Construction Notification System

1) TCNS Notification Number:

Site Information

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

3) Site Name:

4) Site Address:

5) Detailed Description of Project:


9) County/Borough/Parish:

10) Nearest Crossroads:

11) NAD 83 Latitude (DD-MM-SS.S): ( ) N or ( ) S

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

Tower Information

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

14) Tower Type (Select One):

( ) Guyed lattice tower

( ) Self-supporting lattice

( ) Monopole

( ) Other (Describe):

Project Status

15) Current Project Status (Select One):

( ) 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: _______________

129733

Jansen Lane - MOTNY1009

28 Jansen Lane

Berne NY

ALBANY

12059

42-37-14.5

074-08-40.4

X

X

58.5 X

3 of 16

X

X

FCC Form 620

May 2014

Canaday Hill Road and NY 443

Jansen Lane-MOTNY1009 - proposed construction of a new telecommunications self-support tower and compound

X



Determination of Effect

14) Direct Effects (Select One):

( ) 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):

( ) 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 16

X

X

FCC Form 620

May 2014



Tribal/NHO Involvement

1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and culturalsignificance to historic properties which may be affected by the undertaking within the APEs for direct and visualeffects?

( ) Yes ( ) No

2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________

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

129733 11

X

0

Tribe/NHO Contacted Through TCNS3) Tribe/NHO FRN:

4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response

10) Date Contacted ______________ 11) Date Replied _______________

( ) No Reply

( ) Replied/No Interest

( ) Replied/Have Interest

( ) Replied/Other

Cayuga Nation

07/30/2015

X

Clint HalftownC

Cayuga Nation Representative

Tribe/NHO Contacted Through TCNS

3) Tribe/NHO FRN:

4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Delaware Tribe of Indians of Oklahoma

07/29/2015 07/30/2015

X

Dr. Brice Obermeyer M

5 of 16 FCC Form 620

May 2014





( ) Yes ( ) No



129733 11

X

0


4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Eastern Shawnee Tribe of Oklahoma

07/30/2015 07/31/2015

X

Robin Dushane

THPO


3) Tribe/NHO FRN:

4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Keweenaw Bay Indian Community

07/30/2015 07/29/2015

X

Gary Loonsfoot Jr

THPO


May 2014





( ) Yes ( ) No



129733 11

X

0


4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Lac du Flambeau Band of Lake Superior Chippewa Indians

07/30/2015 08/04/2015

X

Melinda YoungJ

THPO


3) Tribe/NHO FRN:

4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Narragansett Indian Tribe

07/30/2015

X

Sequahna Mars

Program Manager-Cell Tower Division


May 2014





( ) Yes ( ) No



129733 11

X

0


4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Shawnee Tribe

07/30/2015 08/06/2015

X

Kim Jumper

THPO


3) Tribe/NHO FRN:

4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

St. Regis Mohawk Tribe

07/30/2015

X

Arnold PrintupL

Tribal Historic Preservation Officer


May 2014





( ) Yes ( ) No



129733 11

X

0


4) Tribe/NHO Name:

Contact Name


9) Title:

Dates & Response


( ) No Reply



( ) Replied/Other

Wyandotte Nation

07/30/2015

X

Sherri Clemons

THPO


May 2014



Other Tribes/NHOs Contacted

Tribe/NHO Information


2) Name:

Contact Name


7) Title:

Contact Information

8) P.O. Box:And




15) E-mail Address:

16) Preferred means of communication:

( ) E-mail

( ) Letter

( ) Both

Dates & Response

17) Date Contacted _______________ 18) Date Replied _______________

( ) No Reply



( ) Replied/Other


May 2014



Other Consulting Parties

Other Consulting Parties Contacted

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

Consulting Party


3) Name:

Contact Name


8) Title:

Contact Information

9) P.O. Box:And




16) E-mail Address:

17) Preferred means of communication:

( ) E-mail

( ) Letter

( ) Both

Dates & Response

18) Date Contacted _______________ 19) Date Replied _______________

( ) No Reply



( ) Replied/Other

Additional Information

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

X

Albany County Historical Association

Jillian Altenburg

9 Ten Broeck Place

Albany NY 12201

(518)436-9826

X

08/04/2015

X

Executive Director


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 othe National Historic Preservation Agency and any state and provincial Historic Preservation Agency.

SHPO/THPO Name: ________________________________________________________________________________________________

SHPO/THPO Name: ________________________________________________________________________________________________

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, Section312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503).


New York State Historic Preservation Office

Laura L Mancuso

08/14/2015Laura L Mancuso

May 2014



Attachments :

Type Description Date Entered

Resumes/Vitae Resume Vitae 08/13/2015

Resumes/Vitae Laura Mancuso Resume 08/13/2015

Resumes/Vitae Julie Labate Resume 08/13/2015

GIS Map Files Street and Topo Maps 08/13/2015

Area of Potential Effects Area of Potential Effects 08/13/2015

Tribal/NHO Involvement NOO 08/13/2015

Local Government Involvement ITC Letter - Town of Berne Planning Board 08/13/2015

Public Involvement PN Affidavit 08/13/2015

Public Involvement ITC Letter - Albany County Historical Association 08/13/2015

Historic Properties for Visual Effects Visual Effects 08/13/2015

Historic Properties for Direct Effects Direct Effects 08/13/2015

Historic Properties for Direct Effects Arch Report 08/13/2015

Photographs Photographs 08/13/2015

Additional Site Information Additional Site Information 08/13/2015

Additional Site Information Construction Drawings 08/13/2015

FCC Form 620

May 2014

16 of 16



RESUMES




Laura L. Mancuso

Education: Master Historic Preservation, University of Maryland, College Park

B.A., Humanities, Providence College

Years of Experience: 10+ years


Ms. Mancuso holds a Master’s Degree in Historic Preservation and has more than 10 years of

experience as an Architectural Historian/Historic Preservation Professional.

As Deputy State Historic Preservation Officer and the Construction Grant Coordinator for the State

of Connecticut, Ms. Mancuso provided technical assistance on hundreds of restoration and Section

106 projects and managed a portfolio of over $5 million in grants. In this capacity she developed

multiple grant programs and guidelines, applications, and contracts. She assisted grantees and

potential grantees with project planning and design to ensure projects met the Secretary of the

Interior’s Standards for the Treatment of Historic Properties. Ms. Mancuso developed and

reviewed hundreds of determinations of eligibility for properties for submitted for listing in theNational Register of Historic Places. She hosted and attended numerous meetings and training

sessions to improve the public’s understanding of historic preservation pol icies and programs. Ms.

Mancuso also attended annual National Conference of State Historic Preservation Officers

(NCSHPO) meetings and developed relationships with many of the State Historic Preservation

Officers.

In addition, Ms. Mancuso has over 5 years of experience in the telecommunications field, providing

environmental and regulatory due diligence under the National Historic Preservation Act and the

National Environmental Policy Act. As an Architectural Historian, she completed hundreds of

Section 106 and NEPA reports throughout the United States. Ms. Mancuso has provided quality

control, performed building analyses and historical research, conducted SHPO file reviews,

managed portfolios, and acted as a client manager. In consultation with carriers, SHPOs, and

stakeholders, Ms. Mancuso has facilitated redesigns of installations and developed mitigation

strategies to avoid potential adverse effects to historic resources.




Julie Richko Labate, PhD ABD), RPA

Education: PhD (ABD) Archaeology, University College Dublin

Licenses/Registrations

Register of Professional Archaeologists

Years of Expe rience: 10+ years

Summ ary of Professional Experience

Julie Labate is a Registered Professional Archaeologist (RPA) with more than 10 years of experience

in the environmental assessment and consulting industry. She has conducted environmental due

diligence and Section 106 Compliance in multiple states. Julie Labate has specifically managed and

performed hundreds of Phase I and II archaeological surveys as part of the due diligence process.

Her technical experience includes:

archaeological survey and reconnaissance, historic preservation, and architectural history

investigations are designed to address the National Environmental Policy Act (NEPA), and

the National Historic Preservation Act (NHPA) of 1966, as amended, along with other federal,

state, and local preservation laws and regulations. Julie is especially equipped to manage

problem-oriented investigations and to assist clients with the management and preservation

of cultural resources through Phase I site documentation and examination, Phase II sensitivity

assessment and evaluation, and Phase III mitigation excavation and analysis.

management of negotiations among federal regulators, state historic preservation officers,

local governments, Native American representatives and citizen groups.

examine maps, deeds, surveys, and census records. Julie is experienced in using this historic

information to contextualize archaeological finds and preserved surfaces in order to

determine site integrity.

In addition, Julie has experience in areas of geophysical studies, computer mapping and analysis,

and remedial construction site management.



PHOTOGRAPHS



Applicant’s Name: Albany County Sheriff

Project Name: Jansen Lane – MOTNY1009

IVI Project Number: TS50714170

APE MAP FOR VISUAL EFFECTS AND PHOTO KEY

SOURCE: GOOGLE EARTH 2013

Undertaking

3

2

4

1






3.

View along the

proposed access

road away from

the proposed

lease area. View

faces northeast.

4.

View along the

proposed access

road toward the

proposed lease

area. View faces

northwest.






5.

View along the

proposed access

road toward the

lease area. View

faces northwest.

6.

View of the access

road away from

the proposed

lease area. View

faces east.






7.

View of St. Paul’s

Lutheran Church.

View is from NY

443 and faces

northwest.

Image courtesy of

Bing Maps, dated

2014.

8.

Additional view of

St. Paul’s Lutheran

Church. View is

from NY 443 and

faces north.

Image courtesy of

Bing Maps, dated

2014.






9.

View toward the

Undertaking from

St. Paul’s Lutheran

Church. View faces

southwest.

Image courtesy of

Google Maps,

dated September

2009.

10.

View toward the

Undertaking. View

is from Irish Hill

Road and faces

west/northwest.

Image courtesy of

Google Maps,

dated October

2007.






11.

View toward the

Undertaking. View

is from the

intersection of

Canaday Hill Road

and Switzkill Road.

View faces east.

Image courtesy of

Google Maps,

dated September

2009.

12.

View toward the

Undertaking. View

is from NY 443 and

faces southeast.

Image courtesy of

Google Maps,

dated September

2009.



MAPS DOCUMENTS






MAP DOCUMENTS

STREET MAP

SOURCE: GOOGLE MAPS 2015

½ Mile

APE-VE

Undertaking






MAP DOCUMENTS

USGS 7.5 MINUTE Q UADRANGLE MAP

SOURCE: USGS (Rensselaerville, New York – 1946 and Gallupville, New York – 1978)

Undertaking

½ Mile

APE-VE



AREA OF POTENTIAL EFFECTS






AREA OF POTENTIAL EFFECTS

AREA OF DIRECT EFFECTS

The APE for direct effects (APE-DE) is limited to the area of potential ground disturbance and any property,

or any portion thereof that will be physically altered or destroyed by the project.

On behalf of IVI, Matthew Spigelman, Project Manager for PaleoWest Archaeology completed a field

survey of the property on August 3, 2015 and determined the APE-DE is limited to the proposed 50-foot

by 60-foot fenced compound, the existing access road to be utilized and improved as needed, and all

proposed conduit routes.

AREA OF VISUAL EFFECTS

The APE for visual effects (APE-VE) 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-defining feature of a Historic Property that makes it eligible for listing on the National Register.

Per Section V.C.4 of the National Programmatic Agreement, the APE-VE for this project is limited to:

☒ ½ mile from the tower site if the proposed tower is 200 feet or less in overall height

☐ ¾ of a mile from the tower sites if the proposed tower is more than 200 but no more than 400

feet in overall height

☐ 1 ½ miles from the proposed tower site if the proposed tower is more than 400 feet in overall

height

☐ 250 feet from the center of the installation on the non-tower structure based on

CONUSLTATION WITH SHPO, NEIGHBORHOOD CONTEXT, OBSERVATIONS IN THE FIELD, ETC.



TRIBAL AND NHO INVOLVMENT



1

Gilmore, Talia


Sent: Friday, July 31, 2015 3:02 AM

To: Gilmore, Talia

Cc: [email protected]; [email protected]

Subject: NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER

CONSTRUCTION NOTIFICATION INFORMATION - Email ID #4294778

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).

1. Tribal Historic Preservation Officer Arnold L Printup ‐ St. Regis Mohawk Tribe ‐ Akwesasne, NY ‐ electronic mai

and regular mail

Details: request to receive topo maps, street maps, and site plan of actual construction site

If the applicant/tower builder receives no response from the St. Regis Mohawk Tribe within 30 days after

notification through TCNS, the St. Regis Mohawk Tribe has no interest in participating in pre‐construction review for the

proposed site. The Applicant/tower builder, howeve

r, must immediately notify the St. Regis Mohawk Tribe in the event archaeological properties or human remains

are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and

applicable law.



2

2. Cayuga Nation Representative Clint C Halftown ‐ Cayuga Nation ‐ Seneca Falls, NY ‐ regular mail

Details: If the Applicant receives no response from the Cayuga Nation within 30 days after notification through TCNS, the

Cayuga Nation has no interest in participating in pre‐construction review for the site. The Applicant, however, must

notify the Cayuga Nation in the event archaeological properties or human remains are discovered during construction,

consistent with Section IX of the Nationwide Programmatic Agreement and applicable law.

3. Program Manager‐Cell Tower Division Sequahna Mars ‐ Narragansett Indian Tribe ‐ Wyoming, RI ‐ electronic

mail and regular mail

Details: NITHPO respectfully requests that additional contacts following initial TCNS notification be made via e‐mail to

Sequahna Mars, at [email protected].

NITHPO respectfully requests a site map and photographs for all projects that involve ground disturbance.

Please note that NITHPO's current review fees are as follows:

For projects

in

which

there

is

to

be

no

ground

disturbance

the

review

fee

is

$500.

For ALL projects which include ground disturbance, the review fee is $1000.

4. Chief Leo R Henry ‐ Tuscarora Nation ‐ Via: Lewiston, NY ‐ regular mail

Details: If the Applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification

through TCNS, the Tuscarora Nation has no interest in participating in pre‐construction review for the site. The

Applicant/tower builder, however, must IMMEDIATLY notify the Tuscarora Nation in the event archaeological properties

or human

remains

are

discovered

during

construction.

5.

THPO

Gary

Loonsfoot

Jr ‐

Keweenaw

Bay

Indian

Community ‐

Baraga,

MI ‐

electronic

mail

and

regular

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



3

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: Gary Loonsfoot Jr via email gloonsfoot@kbic‐nsn.gov, or by

phone: 906‐353‐6623 ext. 4108. (Please note that Minogheezhig Sandman‐Shelifoe is no longer a contact within the

KBIC‐THPO office)

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.

6. Tribal Historic Preservation Manager Sherry White ‐ Stockbridge‐Munsee Band of Mohican Indians ‐ Bowler,

WI ‐ regular mail

Details: If a project is not ground‐disturbing, we do not need to comment on the proposed project. If, however, there

will be ground disturbance, this Tribe requires a $300 fee.

This Tribe will make every effort to respond to all of your TCNS notifications.

7. 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:



4

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 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‐


r, must immediately notify the Eastern Shawnee Tribe of Oklahoma in the event archaeological properties or





6

9. THPO Kim Jumper ‐ Shawnee Tribe ‐ Miami, OK ‐ regular mail

Details: THIS IS YOUR OFFICIAL NOTICE THAT THE SHAWNEE TRIBE IS INTERESTED IN CONSULTING ON ALL PROJECTS

BUILT IN OUR AREAS OF GEOGRAPHIC INTEREST.

ATTENTION, NEW INFORMATION: Our procedures were updated on 14 January 2008. Please call Kim Jumper, THPO, at

918‐542‐2441, so that she can send you a copy.

If your tower is a co‐location, please fax us this information to let us know. We cannot always tell from the TCNS web

site that a tower is a co‐location. We require a written response from you to let us know that it is a co‐location. If a co‐

location project includes some new ground disturbance (such as from an expanded compound or access road, or

construction of an ancillary structure), the Shawnee Tribe treats such a project the same as any other non co‐location

project.

Our correct mailing/physical address is: 29 South Highway 69A. Our correct phone number is (918‐542‐2441) and our

historic preservation fax line is (918‐542‐9915). THPO Kim Jumper manages all cell tower consultation.

As of 26 June2006, all of the faxed responses of our final comments on a tower site will contain an original Shawnee

Tribe signature.

Each

final

comment

fax

is

signed

individually.

Copies

may

be

compared,

for

authentication,

against

the

original in our files.If afinal comment fax does not contain a signature, it is not valid. ALL FINAL COMMENTS FROM THE

SHAWNEE TRIBE ARE WRITTEN; FINAL COMMENTS ARE NEVER PROVIDED VERBALLY. IF THE SHAWNEE TRIBE IS

CREDITED WITH HAVING GIVEN A VERBAL RESPONSE, THAT RESPONSE IS NOT VALID.

If you receive notification through the TCNS listing the Shawnee Tribe, that is an indication that the Shawnee Tribe is

interested in consulting on the tower for which that notification was received. Please consider that our official

indication of interest to you. The Shawnee Tribe considers the Tower Construction Notification System's weekly e‐mail

to be the first notification that we receive that a tower will be constructed in an area of our concern. We do not view

the TCNS notificationas completion of 106 consultation obligations.

The

Shawnee

Tribe

has

developed

streamlined

consultation

procedures

for

cell

tower

developers

and

their

subcontractors. If you do not have a copy of the procedures ‐ most recently updated on 14 January2008 ‐ please contact

us, as you must follow these procedures to consult with us on cell tower projects. Call us at 918‐542‐2441 or fax us at

918‐542‐9915. It is the tower builder's responsibility to make sure that you have our most recent consultation

procedures.

PLEASE DO NOT SEND US INFORMATION, QUERIES, OR COMMENTS ELECTRONICALLY. SINCE 1 DECEMBER 2005, WE

HAVE NOT HANDLED ANY CELL TOWER CONSULTATION, INQUIRIES, OR CORRESPONDENCE VIA E‐MAIL.



7

10. THPO Melinda J Young ‐ Lac du Flambeau Band of Lake Superior Chippewa Indians ‐ Lac du Flambeau, WI ‐

regular mail

11. Dr. Brice M Obermeyer ‐ Delaware Tribe of Indians of Oklahoma ‐ Emporia, KS ‐ electronic mail

Details: In order to receive a formal response for all projects associated with the construction of towers and/or

equipment associated with the Positive Train Control (PTC) Wayside Infrastructure, please provide a consultation fee of

$500. For all other projectsthe consultation fee is $250.

For all review requests, the fee should be included with the mailed notification packet. Notifications should include a

cover letter describing the project and a topographic map depicting the project's location.

Please send all notifications and checks for projects located in the states of Vermont, Connecticut, Massachusetts, New

York, New Jersey, Pennsylvania, Delaware, Maryland and Virginia to the following address:

Delaware Tribe Historic Preservation Representatives

Department of Anthropology

Gladfelter Hall, Room 207

Temple University

1115 W. Polett Walk

Philadelphia, PA 19122

For projects

located

in

the

states

of

Ohio,

Indiana,

Missouri,

Kansas

and

Oklahoma,

please

send

all

notifications

and

checks to the following address:

Brice Obermeyer

Delaware Tribe Historic Preservation Office

Rm 212 Roosevelt Hall

1 Kellogg Drive

Emporia State University

Emporia, KS 66801

The Delaware Tribe is not interested in receiving notifications for projects that do not include ground disturbance.

Thank you.

Sincerely,

Dr. Brice Obermeyer


1 Kellogg Drive, Roosevelt Hall ‐ Room 212

Emporia, Kansas 66801

620‐341‐6699

[email protected]



8

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.

12. SHPO Cara Metz ‐ Massachusetts Historical Commission ‐ Boston, MA ‐ electronic mail

13. SHPO Ann Safley ‐ Pennsylvania Historical & Museum Commission Bureau for Historic Preservation ‐

Harrisburg, PA ‐ electronic mail

14. Director Eric Gilbertson ‐ Vermont Division for Historic Preservation ‐ Montpelier, VT ‐ 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: 07/28/2015

Notification ID: 129733

Tower

Owner

Individual

or

Entity

Name:

County

of

Albany

Consultant Name: Talia C Gilmore

Street Address: 2909 N Sherman Street

City: York

State: PENNSYLVANIA

Zip Code: 17406

Phone: 717‐601‐1144

Email: talia.gilmore@ivi‐intl.com

Structure Type: LTOWER ‐ Lattice Tower



9

Latitude: 42 deg 37 min 14.5 sec N

Longitude: 74 deg 8 min 40.4 sec W

Location Description: 28 Jansen Lane

City: Berne

State: NEW YORK

County: ALBANY

Detailed Description of Project: Jansen Lane‐MOTNY1009 ‐ proposed construction of a new telecommunications self ‐

support tower and compound

Ground Elevation:

441.7

meters

Support Structure: 54.9 meters above ground level

Overall Structure: 58.5 meters above ground level

Overall Height AMSL: 500.2 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



HISTORIC PROPERTIES FOR

DIRECT EFFECTS






HISTORIC PROPERTIES FOR DIRECT EFFECTS

Based on a file review and research completed by Amanda Sabol, Project Manager, on August 12, 2015

on the New York State Office of Parks, Recreation & Historic Preservation – Cultural Resource Information

System (CRIS)

☒ it does not appear that the property located at 28 Jansen Lane is eligible for listing on the

National Register of Historic Places

☐ it appears that the property located at 28 Jansen Lane is eligible for listing on the National

Register of Historic Places (see below)

☐ the property located at 28 Jansen Lane is individually listed on the National Register of Historic

Places

☐ the property located at 28 Jansen Lane is listed on the National Register of Historic Places as a

contributing resource to the NAME OF HISTORIC DISTRICT

☐ the property located at 28 Jansen Lane is located within the NAME OF HISTORIC DISTRICT, which

is listed on the National Register of Historic Places; however according to the nomination form,

the property does not contribute to the significance of the district

ARCHAEOLOGICAL RESOURCES

Julie Labate, Senior Project Manager – Archaeologist reviewed an evaluation of the proposed APE-DE for

the presence of below-grade cultural resources. Please refer to the attached report documenting the

findings of this project review including a description of the techniques and the methodology used to

identify Historic Properties within the APE for direct effects.

This report concludes that archeological resources are not expected to be impacted by the construction

of the proposed tower and installation of associated support equipment at the Project Site.



PHASE I ARCHAEOLOGICAL SURVEYProposed Wireless Telecommunications Site

“JANSEN LANE – MOTNY1009”

Berne, NY

NYSHPO Project Review Number: TBD

Prepared for:


4 West Red Oak Lane


Phone: 914-740-1939

[email protected]

Prepared by:

Matthew Spigelman, M.A.

Project Manager

PaleoWest Archaeology

5030 Broadway, Suite 606

New York, NY 10034

212.567.2536 o | 917.940.5105 c

Phoenix | New York | Southern California | Denver | Four Corners

August 7, 2015




Jansen Lane – MOTNY1009

28 Jansen Lane

Berne, NY

Page 1

Table of Contents

1.0 MANAGEMENT SUMMARY .............................................................................................................................. 2

2.0 SCOPE & LIMITATIONS ..................................................................................................................................... 4

3.0 SITE DESCRIPTION ............................................................................................................................................ 5

THE PROJECT AND PROJECT AREA ........................................................................................................................................... 5

ENVIRONMENTAL SETTING .................................................................................................................................................... 6

4.0 REGIONAL HISTORIC CONTEXT ......................................................................................................................... 7

5.0 RECORDS REVIEW ............................................................................................................................................ 8

6.0 SUBSURFACE INVESTIGATION .......................................................................................................................... 9

7.0 CONCLUSIONS AND RECOMMENDATIONS ..................................................................................................... 10

ATTACHMENTS




28 Jansen Lane

Berne, NY

Page 2

1.0 MANAGEMENT SUMMARY

Involved State and Federal Agencies (DEC, CORPS, FHWA, etc.): FCC

Phase of Survey: Phase I Site Identification

Local Information

Project Name: JANSEN LANE

Client: Albany County

Site Number: TS50714170

Location: 28 Jansen Lane

Minor Civil Division: Berne

County: Albany

USGS 7.5 Minute Quadrangle Map: Rensselaerville, NY 2013

TRS Coordinates: 42° 37' 14.5" N, 74° 08' 40.4” W

Number of Acres Surveyed: approximately 0.76 acres (0.31 ha) including proposed lease area, access and

utility easements

Transect Interval: 15m

Number & Interval of Shovel Tests: 54; see STP Map

Number & name(s) of site(s) identified: N/A

Number of buildings/structures/cemeteries within the APE-DE: 0

Number of previously determined NR listed/ eligible buildings/structures/cemeteries/districts in the APE-DE:

0

Total Area to Be Disturbed: Approximately 3,000 SF

Report Author(s): Matthew Spigelman, M.A.

Date of Field Survey: August 3, 2015

Report Date: August 7, 2015




28 Jansen Lane

Berne, NY

Page 3

In August 2015, IVI, Inc. and PaleoWest Archaeology performed a Phase 1B culturalresources investigation in advance of the construction of a telecommunications facility in

Albany County (Appendix B) in New York. The Phase 1B study included background

research and an archaeological survey of the direct effects Area of Potential Effects (APE),also referred to as the “project area” in this report. The Phase 1B investigations were

performed in order to satisfy Section 106 of the National Historic Preservation Act’s charge

to identify National Register-eligible historic properties. The Federal CommunicationsCommission (FCC) is the lead federal agency in this undertaking.

The purpose of this investigation was to determine whether cultural resources exist withinthe Subject and, if possible to determine whether any identified resources may be eligible for

nomination to the National Register of Historic Places. Multiple archaeological recovery

strategies were implemented during the survey, i.e. surface collection, surface inspection and

subsurface testing.

The methods used in the Phase 1B research and the presentation of the information in this

report conform to the New York State Historic Preservation Office guidelines, various Native American tribal requirements for cell tower consultation (e.g. Eastern Shawnee Tribe

of Oklahoma 2014), the National Historic Preservation Act, the federal legislation that

guides cultural resources studies (36CFR60, 1966, as amended), FCC’s NationwideProgrammatic Agreement of 2004 (NPA), and the Secretary of the Interior’s guidelines

(NPS 1983a, 1983b). Fieldwork was performed under direction of the Principal Investigator

Julie Richko Labate (M.A., RPA, see curriculum vitae in Appendix A), Matthew Spigelman

(M.A.) conducted the field work in person. Fieldwork took approximately 6 hours tocomplete.

Previous background research at the New York SHPO’s archives determined that noarchaeological sites were recorded for the proposed direct effects APE and that no

archaeological sites are located within a 1.0-mi (1.61-km) radius of the APE. Shovel tests

were employed for this project, all of the soils from the shovel tests were screened through1/4 inch mesh. No significant archaeological remains were excavated at this time. A

finding of No Historic Properties in Area of Potential Effects for Direct Effect by the

proposed telecommunications facility is recommended.

It should be noted however, that negative results do not guarantee cultural resources are not

present. Project personnel should be aware that buried cultural resources may be exposed by

construction activities and if there is an inadvertent discovery of human remains, funeraryobjects, sacred objects, or objects of cultural patrimony on Federal or tribal lands, Federal

agency officials must be notified with respect to Federal lands, and, Indian tribe official withrespect to tribal lands (43CFR10.4).




28 Jansen Lane

Berne, NY

Page 4

2.0 SCOPE & LIMITATIONS

The Federal Communications Commission (FCC) requires licensees and their

representatives to consider the effects of their actions on historic properties, in accordancewith Section 106 of the National Historic Preservation Act of 1966, as amended, and the

National Environmental Policy Act of 1969 (NEPA) (Federal Communications

Commission 1996). Historic properties include Native American or European-Americanarchaeological sites, architectural resources (historic districts and standing structures),

objects, and traditional cultural properties. Applicants are required to assess and report

all potential environmental effects as part the Section 106 process prior to construction.

A site visit was conducted on August 3, 2015 by Matthew Spigelman (M.A.) of

PaleoWest Archaeology representing IVI. It was slightly overcast during fieldwork and

the temperature was approximately 80°F at the time. IVI and PaleoWest conducted thesite reconnaissance in a systematic manner over the span of approximately 6 person

hours. Ground visibility was 80% along the proposed access road on account of an

established farm and forest road with a highly deflated surface and 30-50% within the proposed lease area.

The survey was completed in accordance with New York State Historic PreservationOffice (SHPO) Guidelines. It is intended to provide information that will enable the New

York SHPO to review the subject project. The Principal Investigator meets and/or

exceeds the qualifications described in the Secretary of the Interior’s Professional

Guidelines (Federal Register 48:190:44738-44739) (United States Department of theInterior 1983). Background research was conducted using the New York SHPO CRIS

database on August 5, 2015.




28 Jansen Lane

Berne, NY

Page 5

3.0 SITE DESCRIPTION

The Project and Project Area

The proposed Jansen Lane Tower compound and its access/utility corridor together

constitute the Area of Potential Effects (APE) for direct effects from construction,

maintenance, and use. Primary, direct, ground-disturbing effects will include site preparation and installation of the cellular tower facility, construction of the access road,

and installation of the new utility line (Appendix B). The limits of the proposed

compound and access/utility corridor were determined by survey drawings provided bythe client, as well as coordinates taken with a Garmin GPSMAP64 GPS unit.

Albany County is proposing to construct a 180’ self-supporting telecommunications

tower at 28 Jansen Lane, Berne, Albany County, New York 12023. The new towerfacility will include a 50’ by 60’ (15.2m by 18.3m) lease area and an approximately

2,500’ (750m) long access road, totaling 33,000 square-feet (0.76 acres/0.31 hectares) of

lease area and associated access and utility easements. The area of disturbance is 3,000square-feet (0.07 acres/0.03 hectares).

The proposed Jansen Lane Tower cell tower will be located in a wooded area, situatedamidst a working farm. Jansen Lane is to the east, the Helderberg Trail Road is to the

north, and Switzkill Road is to the west and south. The Town of Berne is 1 mile to the

north. The subject is located on a steep hill, the access road follows an existing farm and

woods road for all of its length (Appendix B). The APE is immediately bounded on allsides by the parent tract. The APE lies in a residential and rural part of Albany County.

The Area of Potential Effects, Direct Effects (APE-DE), includes a 50’ by 60’ (15.2m by18.3m) lease area and an approximately 2,500’ (750m) long access road, totaling 33,000

square-feet (0.76 acres/0.31 hectares) of lease area and associated access and utility

easements. The area of disturbance is 3,000 square-feet (0.07 acres/0.03 hectares).

The proposed Subject is located in a wooded area amidst a working farm. The lease area

shows signs of use associated with modern hunting and wood splitting for personal use.

The access road and utility line follow this now existing road for much of their length.The wooded area surrounding the access road shows signs of active logging and well

established logging roads.

The Subject is located in a rural area with land utilized for agriculture, housing, andlogging. Residential structures are associated with working farms. The proposed lease

area is in a forested section of the property that is being utilized for hunting and other

recreational activities, and adjacent areas have had timber harvested from them.




28 Jansen Lane

Berne, NY

Page 6

Environmental Setting

The Subject is located on fields and forested land that has been developed for pasture,

hunting, and recreational use. The area has most likely had timber harvested from it at

many times. As the whole of the subject, save for the lease area itself, is steeply sloped, itis unlikely that the area was ever farmed, and there are no field walls present.

IVI reviewed the USGS National Wetlands Inventory Global Information Systems (GIS)

Mapper which includes a federal wetlands data layer prepared by the US Department of

the Interior, Fish and Wildlife Service. There are riverine environments located one halfmile to the north and three quarters of a mile to the west of the Subject.

Albany County is located directly to the west of the Hudson River. The eastern portion of

Albany County, where the Subject is located, is in the Middle Hudson drainage basin. TheSubject is located 1 mile to the south of Fox Creek and 2 miles to the east of Cobleskill

Creek, which drains to the Hudson River. The Hudson River is located 20 miles to theeast of the Subject.

The Jansen Lane proposed cell tower site lies in an area of Albany County characterized

as the Undifferentiated Lower Hamilton Group, and containing Panther Mountain,Mount Marion, Stony Hollow, and Union Springs shales and sandstones. The western

portion of Albany County, including the subject, falls within the Appalachian Plateaus

physiographic region, Southern New York section.

The Nunda series consists of very deep and deep, moderately well drained soils formed in

silty mantles that overlie till derived from clayey shale. These soils are on upland till

plains. Slope ranges from 0 to 35 percent. The A horizon is dark grayish brown (10YR4/2) silt loam. The B horizon is brown (10YR 5/3) silt loam. The C horizon is gray

(5YR 6/1) channery silty clay loam. The subject is composed of Nunda silt loam, 8 to 15

percent slopes (NuC).




28 Jansen Lane

Berne, NY

Page 7

4.0 REGIONAL HISTORIC CONTEXT

The area around Albany was part of the Manor of Rensselaerswyck, a large estate grantedto Kiliaen van Rensselaer by the Dutch West India Company in 1630. Permanent

settlement occurred in appreciable numbers in the early 1700s, as Dutch farmers moved

to the area from nearby Albany.




28 Jansen Lane

Berne, NY

Page 8

5.0 RECORDS REVIEW

Relevant literature pertinent to the historic era was studied in order to better understand

the historical cultural context of the project area, determine recent land use practices andtheir impact on the archaeological record, and aid in identifying historic sites. These

archival sources were also consulted to determine if sites were known for the project area

and to evaluate the likelihood that other sites might be present.

A number of maps from the late nineteenth century through the present were inspected as

part of this research, as were aerial photos from ca. 1997 through 2011. These documentswere examined for any visual indication of site locations, as can sometimes be revealed

by vegetation patterns or signs of structures, and evidence of disturbance. The literature

review did not revealed evidence of previously inventoried archaeological sites within a

one mile radius of the Subject; however, previous archaeological survey had been performed within the Subject detected an archaeological site.

A review of NYSHPO files determined that no objects, structures, or sites have been previously inventoried within the Subject. No National Register sites or properties are

located within the subject.




28 Jansen Lane

Berne, NY

Page 9

6.0 SUBSURFACE INVESTIGATION

The APE was investigated using pedestrian survey and subsurface testing. A total of five

(5) shovel tests were made to examine the proposed APE. An additional forty nine (49) proposed shovel test locations were inspected at 15m intervals along proposed access

road route.

Shovel tests were 40-50-cm (approximately 16 to 19-in) on a side, square, and up to 45-cm (17.7-in) deep. All excavated earth was screened through 6.44-mm (0.25-in) hardware

cloth. Shovel tests were excavated stratigraphically and then backfilled. Please see

Appendix B for a plan view from the project’s zoning drawings and Appendix C for asummary of shovel test profiles and UTM coordinates.

The purpose of this investigation was to determine whether cultural resources exist withinthe proposed location for the Subject and, if possible to determine whether any identified

resources may be eligible for nomination to the National Register of Historic Places.Multiple archaeological recovery strategies were implanted during the survey, i.e. surface

collection, surface inspection, and subsurface testing.

The Phase 1B survey was conducted in accordance with the methods described in this

report. Five (5) shovel tests (ST 1-5) were excavated in the proposed compound area andan additional forty nine (49) proposed shovel test locations (ST 6-54) were thoroughly

inspected for STP viability in the proposed lease area and along the proposed access road

(Appendix B). All locations along the proposed access road that were determinedinappropriate for subsurface investigations (“no digs”) due to the presence of gravel

topped road, established farm or woods roads, excessive slope, and/or exposed bedrock.

Of the five (5) shovel tests (ST 1-5) that were excavated within the proposed lease area,zero (0) contained historic cultural material. All showed bedrock at relatively shallowdepths.




28 Jansen Lane

Berne, NY

Page 10

7.0 CONCLUSIONS AND RECOMMENDATIONS

In light of the available information, it is my professional opinion that the APE-DE for

the present project is not sensitive for the presence of significant precontact and/or post-

contact archaeological resources due to the low historic and prehistoric archaeologicalsensitivity, unfavorable environmental setting, steeply sloped soils, and negative results

of the pedestrian survey of the Project Site. In this context, it is unlikely that the proposed installation would adversely affect intact below-grade cultural resources. No

Historic Properties were identified by this survey. No further archaeological testing is

recommended for this project.

In the event that a concentration of artifacts or culturally modified soil deposits (including

trash pits older than 50 years) should be encountered at any time during ground disturbing

activities, all work must stop until a qualified archaeologist views the finds and makes a preliminary evaluation. If warranted, further archaeological work in the discovery area

should be performed. Although unlikely, if human remains are encountered, all workmust stop in the immediate vicinity of the discovery until the County Coroner and aqualified archaeologist evaluate the remains.



REFERENCES


28 Jansen Lane

Berne, NY

Page 11

Munsell

1994 Munsell Soil Color Charts. Macbeth Division of Kollmorgan Instruments Corporation.

405 Little Britain Road, New Windsor, NY.

USGS

1976 United States Geological Service, Moravia, NY Quadrangle.

Websites Accessed:

http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx - August 6, 2015



Jansen Lane

28 Jansen Lane

Berne, NY

Page 12

ATTACHMENTS



ENVIRONMENTAL & REGULATORY

Page 13

Figure 1: Topographic Map






MAP DOCUMENTS

USGS 7.5 MINUTE Q UADRANGLE MAP

SOURCE: USGS (Rensselaerville, New York – 1946 and Gallupville, New York – 1978)

Undertaking

½ Mile

APE-VE




Page 14

Figure 2: Aerial Photograph




Page 15

Figure 3: Drawing Plans




Page 16

Figure 4: Natural Resources Conservation Service (NRCS) Web Soil Survey (WSS) Map




Page 17

Figure 1. View along proposed access road away from proposed lease area (looking northeast).

Figure 2. View along access road towards proposed lease area, note slope (looking northwest).




Page 20

Figure 7. Shovel Test 3 (plan view).

Figure 8. Shovel Test 3 (looking south).




Page 25

Aerial Photograph with Shovel Test Locations




Page 26

Table 1: Shovel Test Locations

ST # Location Easting Northing

1 Compound 570147 4719045

2 Compound 570151 4719056

3 Compound 570161 4719053

4 Compound 570156 4719042

5 Compound 570154 4719051

6 Compound 570176 4719055

7 Access Road 570189 4719046

8 Access Road 570199 4719034

9 Access Road 570212 4719027

10 Access Road 570225 4719019

11 Access Road 570235 4719008

12 Access Road 570242 4718996

13 Access Road 570249 4718983

14 Access Road 570258 471897115 Access Road 570268 4718959

16 Access Road 570278 4718948

17 Access Road 570292 4718942

18 Access Road 570307 4718937

19 Access Road 570319 4718928

20 Access Road 570330 4718919

21 Access Road 570342 4718909

22 Access Road 570354 4718899

23 Access Road 570365 4718889

24 Access Road 570376 4718879

25 Access Road 570388 4718871

26 Access Road 570402 4718863

27 Access Road 570416 4718858

28 Access Road 570431 4718854

29 Access Road 570446 4718849

30 Access Road 570460 4718845

31 Access Road 570474 4718840

32 Access Road 570489 4718836

33 Access Road 570503 4718831

34 Access Road 570518 4718826

35 Access Road 570532 4718821

36 Access Road 570546 4718815

37 Access Road 570560 471880938 Access Road 570571 4718800

39 Access Road 570575 4718785

40 Access Road 570575 4718770

41 Access Road 570573 4718755

42 Access Road 570574 4718739




Page 27

43 Access Road 570581 4718725

44 Access Road 570593 4718716

45 Access Road 570604 4718705

46 Access Road 570613 4718693

47 Access Road 570620 4718680

48 Access Road 570624 4718666

49 Access Road 570628 4718652

50 Access Road 570635 4718638

51 Access Road 570646 4718632

52 Access Road 570660 4718640

53 Access Road 570671 4718650

54 Access Road 570679 4718663




Page 28

Table 2: Shovel Tests in the Jansen Lane Tower APE, profiles listed by provenience.

ST

No.

Level Depth

Start

Depth

End

Munsell Texture Cultural

Material

Reason Terminated

1 1 0 5 10YR4/3 loam No —

1 2 5 15 10YR4/4 silt loam No —1 3 15 40 10YR6/6 silt loam No bedrock

2 1 0 4 10YR4/3 loam No —

2 2 4 10 10YR4/4 silt loam No —

2 3 10 17 10YR6/6 silt loam No bedrock

3 1 0 10 10YR4/3 silt loam No —

3 2 10 20 10YR4/4 silt loam No —


4 1 0 5 10YR4/3 silt loam No —

4 2 5 10 10YR4/4 silt loam No —


5 1 0 5 10YR4/3 loam No —

5 2 5 10 10YR4/4 silt loam No —

5 3 10 45 10YR6/6 silt loam No bedrock6 — — — — — — established forest road

7 — — — — — — established forest road









16 — — — — — — established farm road


18 — — — — — — established farm road19 — — — — — — established farm road





















Page 29





41 — — — — — — established farm road42 — — — — — — established farm road






48 — — — — — — gravel cap road












HISTORIC PROPERTIES FOR VISUAL EFFECTS

Based on a SHPO file review completed by Amanda Sabol, Project Manager, on August 12, 2015, the

following historic resources have been identified within the APE-VE.

NR

NUMBER

OR

ELIGIBLE

PROPERTY

NAME

STREET

ADDRESS

MUNICIPALITY DETERMINATION OF EFFECT PHOTO

NUMBER

Eligible St. Paul’s

Lutheran

Church

NY 443 Berne Although, the installation may be

partially visible from St. Paul’s

Lutheran Church, the proposed

installation will have no adverse

effect on characteristics that make

this property eligible for listing on the

National Register of Historic Places.

7 and 8






SHPO HISTORIC PROPERTIES MAP

SOURCE: NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION – CULTURAL RESOURCE

INFORMATION SYSTEM (CRIS)

Undertaking

St. Paul’s

Lutheran

Church



LOCAL GOVERNMENT INVOLVMENT




4 West Red Oak Lane


(914) 694-9600 (tel)

(914) 694-5870 (fax)

www.ivi-intl.com

August 4, 2015

Town of Berne Planning Board

1656 Helderberg Trail

Berne, New York 12023

(518) 872-1448

Re: Section 106 Public Outreach

“Jansen Lane – MOTY1009”

28 Jansen Lane

Berne, New York


To Whom It May Concern:

IVI Telecom Services, a CBRE Company (IVI) is writing on behalf of the Albany County Sheriff to solicit your input

concerning a proposed telecommunications facility at the above reference address. The Project will entail the construction

of a 192-foot self-support telecommunications tower along with the installation of ancillary equipment. IVI is requesting

comments with regards to any potential impacts on historic architectural and/or archaeological resources.

As the Project is a federal undertaking regulated by the Federal Communications Commission (FCC), it is being reviewed

under Section 106 of the National Historic Preservation Act for its impacts to historic architectural and archaeological

resources. Federal regulations allow for public participation as part of the Section 106 process.

As such, IVI would like to inquire if you would be interested in commenting on this proposed project. Please note that we

are requesting your review as part of the Section 106 process only and not as part of the local zoning process. Furthermore, only responses related to historic properties potentially affected will be considered.

If you are interested in becoming a consulting party and have any comments or concerns regarding the proposed Project,

please contact us in writing at IVI Telecom Services, a CBRE Company, 4 West Red Oak Lane, White Plains, NY 10604 or

at [email protected]. Please reference the project name and address in your comments. Any responses must be

received within 30 days of receipt of this letter. Only consulting parties indicating their desire to receive information and/or

otherwise participate in the Section 106 review process will be afforded this opportunity.

Thank you for your time and attention to this matter.

Sincerely,


Amanda Sabol

Project Manager

717.601.1436 (cell)

[email protected]















AERIAL MAP

SOURCE: BING BIRD’S EYE VIEW © 2015 MICROSOFT CORPORATION PICTOMETRY BIRD’S EYE © 2015 GEOSPATIAL

SERVICES, INC.

Undertaking



PUBLIC INVOLVMENT




4 West Red Oak Lane


(914) 694-9600 (tel)

(914) 694-5870 (fax)

www.ivi-intl.com

August 4, 2015

Albany County Historical Association

c/o Ms. Jillian Altenburg, Executive Director

9 Ten Broeck Place

Albany, New York 12201(518) 436-9826

Re: Section 106 Public Outreach

“Jansen Lane – MOTY1009”

28 Jansen Lane

Berne, New York


Dear Ms. Altenburg:

IVI Telecom Services, a CBRE Company (IVI) is writing on behalf of the Albany County Sheriff to solicit your input

concerning a proposed telecommunications facility at the above reference address. The Project will entail the construction

of a 192-foot self-support telecommunications tower along with the installation of ancillary equipment. IVI is requesting

comments with regards to any potential impacts on historic architectural and/or archaeological resources.

As the Project is a federal undertaking regulated by the Federal Communications Commission (FCC), it is being reviewed

under Section 106 of the National Historic Preservation Act for its impacts to historic architectural and archaeological

resources. Federal regulations allow for public participation as part of the Section 106 process.

As such, IVI would like to inquire if you would be interested in commenting on this proposed project. Please note that we

are requesting your review as part of the Section 106 process only and not as part of the local zoning process.

Furthermore, only responses related to historic properties potentially affected will be considered.

If you are interested in becoming a consulting party and have any comments or concerns regarding the proposed Project,

please contact us in writing at IVI Telecom Services, a CBRE Company, 4 West Red Oak Lane, White Plains, NY 10604 or

at [email protected]. Please reference the project name and address in your comments. Any responses must be

received within 30 days of receipt of this letter. Only consulting parties indicating their desire to receive information and/or

otherwise participate in the Section 106 review process will be afforded this opportunity.

Thank you for your time and attention to this matter.

Sincerely,


Amanda Sabol

Project Manager

717.601.1436 (cell)[email protected]















AERIAL MAP

SOURCE: BING BIRD’S EYE VIEW © 2015 MICROSOFT CORPORATION PICTOMETRY BIRD’S EYE © 2015 GEOSPATIAL

SERVICES, INC.

Undertaking



Federal Lands & Indian Reservations Map

Source:

http://www.nationalatlas.gov/printable/fedlands.html#list


Berne, New York


N

Undertaking



1

Gilmore, Talia


Sent: Friday, July 31, 2015 3:02 AM

To: Gilmore, Talia


Subject: NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER

CONSTRUCTION NOTIFICATION INFORMATION - Email ID #4294778

Dear Sir or Madam:


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).

1. Tribal Historic Preservation Officer Arnold L Printup ‐ St. Regis Mohawk Tribe ‐ Akwesasne, NY ‐ electronic mai

and regular mail

Details: request to receive topo maps, street maps, and site plan of actual construction site

If the applicant/tower builder receives no response from the St. Regis Mohawk Tribe within 30 days after

notification through TCNS, the St. Regis Mohawk Tribe has no interest in participating in pre‐construction review for the

proposed site. The Applicant/tower builder, howeve

r, must immediately notify the St. Regis Mohawk Tribe in the event archaeological properties or human remains

are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and

applicable law.



2

2. Cayuga Nation Representative Clint C Halftown ‐ Cayuga Nation ‐ Seneca Falls, NY ‐ regular mail

Details: If the Applicant receives no response from the Cayuga Nation within 30 days after notification through TCNS, the

Cayuga Nation has no interest in participating in pre‐construction review for the site. The Applicant, however, must

notify the Cayuga Nation in the event archaeological properties or human remains are discovered during construction,

consistent with Section IX of the Nationwide Programmatic Agreement and applicable law.

3. Program Manager‐Cell Tower Division Sequahna Mars ‐ Narragansett Indian Tribe ‐ Wyoming, RI ‐ electronic

mail and regular mail

Details: NITHPO respectfully requests that additional contacts following initial TCNS notification be made via e‐mail to

Sequahna Mars, at [email protected].

NITHPO respectfully requests a site map and photographs for all projects that involve ground disturbance.

Please note that NITHPO's current review fees are as follows:

For projects

in

which

there

is

to

be

no

ground

disturbance

the

review

fee

is

$500.

For ALL projects which include ground disturbance, the review fee is $1000.

4. Chief Leo R Henry ‐ Tuscarora Nation ‐ Via: Lewiston, NY ‐ regular mail

Details: If the Applicant/tower builder receives no response from the Tuscarora Nation within 30 days after notification

through TCNS, the Tuscarora Nation has no interest in participating in pre‐construction review for the site. The

Applicant/tower builder, however, must IMMEDIATLY notify the Tuscarora Nation in the event archaeological properties

or human

remains

are

discovered

during

construction.

5.

THPO

Gary

Loonsfoot

Jr ‐

Keweenaw

Bay

Indian

Community ‐

Baraga,

MI ‐

electronic

mail

and

regular

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



3

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: Gary Loonsfoot Jr via email gloonsfoot@kbic‐nsn.gov, or by

phone: 906‐353‐6623 ext. 4108. (Please note that Minogheezhig Sandman‐Shelifoe is no longer a contact within the

KBIC‐THPO office)

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‐


r, must immediately notify the Keweenaw Bay Indian Community in the event archaeological properties or



6. Tribal Historic Preservation Manager Sherry White ‐ Stockbridge‐Munsee Band of Mohican Indians ‐ Bowler,

WI ‐ regular mail

Details: If a project is not ground‐disturbing, we do not need to comment on the proposed project. If, however, there

will be ground disturbance, this Tribe requires a $300 fee.

This Tribe will make every effort to respond to all of your TCNS notifications.

7. 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:



4

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 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‐


r, must immediately notify the Eastern Shawnee Tribe of Oklahoma in the event archaeological properties or





5

8. THPO Sherri Clemons ‐ Wyandotte Nation ‐ Wyandotte, OK ‐ electronic mail and regular mail

Details: Greetings from Wyandotte Nation.

PLEASE BE ADVISED THAT AS OF TCNS NO. 126800, ALL COLOCATIONS AND PREVIOUSLY DISTURBED TOWER LOCATIONS

WILL BE

$200.

ALL RAW LAND NEW BUILD SITES REMAIN AT $600.

EACH PTC POLE IS STILL $100 (PER NON‐EXEMPT POLE, NOT PER TCNS).

The following information is provided automatically via the TCNS web site. Additional information may be provided in a

second email that we send for each tower that is logged into TCNS. However, as we have been unable to use theTCNS

website reliably to send our second response email since early April 2014, this very likely will be the ONLY email that you

receive until the technical issue preventing us from using that feature has been addressed.

NEW INFORMATION

‐From

this

point

forward,

please

send

the

required

information

for

our

review

by

email

ONLY.

Send

the fee and a cover letter by hard copy to the Tribe, but DO NOT send review information by hard copy. Doing so will

delay the review.

We are interested in consulting on this tower or broadband project, just as we are interested in being consulted

regarding all federal undertakings in our homelands. This consultation is one of the activities required by the National

Historic Preservation Act (NHPA) for such federal undertakings.

Please follow our archaeology procedures (9‐9‐13) and our general NHPA procedures for consultation (6‐1‐13), both

available by e‐mailing the cell tower program archaeologist, Rebecca Hawkins, at [email protected]. These

procedures supersede all earlier versions of our procedures. All further correspondence regarding this tower should

also be

directed

to

that

email

address.

With

questions,

you

may

call

Mr.

Lamont

Laird

at

918

‐533

‐2212.

AS STATED IN OUR GUIDELINES, AN ARCHAEOLOGIST MUST PERFORM THE FIELD WORK AND RELATED ANALYSES. The

Wyandotte Nation will object to any tower where field work/analysis was performed after 9‐9‐13 and where a trained,

experienced archaeologist did NOT conduct the field work. The National Park Service defines Essential Competencies for

the field of archaeology at http://www.nps.gov/training/npsonly/RSC/archeolo.htm. Minimally, a "trained, experienced

archaeologist" has at least a BA in Anthropology with a focus in archaeology and two solid years offield experience in the

region where the field work is being performed.

The fee for all collocations and towers built in previously disturbed areas is $100. The fee for all other towers is $600.

Please

make

sure

to

provide

your

archaeologists

with

a

copy

of

our

procedures

PRIOR

TO

the

time

that

they

do

field

work. If archaeology reports do not provide the information requested on the last 2 pages of our archaeology

procedures, which you may use as a checklist, the report will be rejected. Please do not send reports that you know are

deficient, as doing only delays the response process for your tower and those of other applicants as well.

Tizame (thank you),

Sherri Clemons, THPO

Wyandotte Nation



7

10. THPO Melinda J Young ‐ Lac du Flambeau Band of Lake Superior Chippewa Indians ‐ Lac du Flambeau, WI ‐

regular mail

11. Dr. Brice M Obermeyer ‐ Delaware Tribe of Indians of Oklahoma ‐ Emporia, KS ‐ electronic mail

Details: In order to receive a formal response for all projects associated with the construction of towers and/or

equipment associated with the Positive Train Control (PTC) Wayside Infrastructure, please provide a consultation fee of

$500. For all other projectsthe consultation fee is $250.

For all review requests, the fee should be included with the mailed notification packet. Notifications should include a

cover letter describing the project and a topographic map depicting the project's location.

Please send all notifications and checks for projects located in the states of Vermont, Connecticut, Massachusetts, New

York, New Jersey, Pennsylvania, Delaware, Maryland and Virginia to the following address:

Delaware Tribe Historic Preservation Representatives

Department of Anthropology

Gladfelter Hall, Room 207

Temple University

1115 W. Polett Walk

Philadelphia, PA 19122

For projects

located

in

the

states

of

Ohio,

Indiana,

Missouri,

Kansas

and

Oklahoma,

please

send

all

notifications

and

checks to the following address:

Brice Obermeyer


Rm 212 Roosevelt Hall

1 Kellogg Drive

Emporia State University

Emporia, KS 66801

The Delaware Tribe is not interested in receiving notifications for projects that do not include ground disturbance.

Thank you.

Sincerely,

Dr. Brice Obermeyer


1 Kellogg Drive, Roosevelt Hall ‐ Room 212

Emporia, Kansas 66801

620‐341‐6699

[email protected]



8

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.

12. SHPO Cara Metz ‐ Massachusetts Historical Commission ‐ Boston, MA ‐ electronic mail

13. SHPO Ann Safley ‐ Pennsylvania Historical & Museum Commission Bureau for Historic Preservation ‐

Harrisburg, PA ‐ electronic mail

14. Director Eric Gilbertson ‐ Vermont Division for Historic Preservation ‐ Montpelier, VT ‐ 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:



Tower

Owner

Individual

or

Entity

Name:

County

of

Albany



City: York

State: PENNSYLVANIA

Zip Code: 17406

Phone: 717‐601‐1144





9




City: Berne

State: NEW YORK

County: ALBANY



Ground Elevation:

441.7

meters




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



1

Gilmore, Talia


Sent: Friday, October 23, 2015 9:10 AM

To: Gilmore, Talia


Subject: Reply to Proposed Tower Structure (Notification ID: 129733) - Email ID #4388533

Dear Talia C Gilmore,


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 Tribal Historic Preservation Officer Arnold L Printup of the St. Regis

Mohawk Tribe in reference to Notification ID #129733:

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.



Tower Owner Individual or Entity Name: County of Albany



City: York

State: PENNSYLVANIA

Zip Code: 17406

Phone: 717‐601‐1144






City: Berne

State: NEW YORK

County: ALBANY



2



Ground Elevation: 441.7 meters






2

3) We note that, under the Declaratory Ruling, an expression of interest by an Indian Tribe or NHO addressed solely to

the Commission staff during the 20‐day period is sufficient even if it does not contact the Applicant.

4) Id at S 11.

LIST OF PROPOSED COMMUNICATIONS TOWERS

TCNS# 127561 Referred Date: 10/07/2015 Location: 3881 Route 31, Liverpool, NY

Detailed Description of Project: Carling Pond/EnSite 25227 ‐ Proposed construction of a new telecommunications facility

in an

existing

paved

parking

lot

Tribe Name: Seneca‐Cayuga Nation

TCNS# 129730 Referred Date: 10/08/2015 Location: Biers Road, Coeymans, NY

Detailed Description of Project: Biers‐MOTNY1009 ‐ proposed construction of a new telecommunications lattice tower

and compound

Tribe Name: Narragansett Indian Tribe

TCNS# 129733 Referred Date: 10/08/2015 Location: 28 Jansen Lane, Berne, NY




TCNS# 129423 Referred Date: 10/08/2015 Location: 267 Starbuck Hill Road,, Chestertown, NY

Detailed Description of Project: Chestertown ‐ proposed construction of a new telecommunications monopole tower

and compound


TCNS# 130033 Referred Date: 10/08/2015 Location: 185 Old Broadway, Hastings on Hudson, NY

Detailed Description of Project: Hastings On Hudson/EnSite 26059 ‐ proposed collocation on the existing building with

no ground disturbance


TCNS# 129732

Referred

Date:

10/08/2015

Location:

231

Edwards

Hill

Road,

Rensselaerville,

NY

Detailed Description of Project: Edwards Hill‐MOTNY1009 ‐ proposed construction of a new telecommunications self ‐



LEGEND:

* ‐ Notification numbers are assigned by the Commission staff for sites where initial contact was not made through

TCNS.



1

Gilmore, Talia

From: Gilmore, Talia

Sent: Thursday, October 29, 2015 11:19 AM

To: 'Algonquin Consultants, Inc.'

Subject: Need Responses - 16 sites

Hi Rebecca,

Here is a list of 16 tower sites that we are pending the Wyandotte response. I took TCNS 126138 (South Trenton) off this

list since more archaeology is needed (we are still waiting on it).

TCNS

No

Project

Name

Project Address Project City

Project

County

Project

State

Fee Sent Email

123083 Pfister 57 Chester Mountain

Road

Weston Windsor VT 2/13/15 9/3/15 arch & SHPO

concurrence

123086

Springer‐

Miller

330 Haul Road Stowe Lamoille VT 2/13/15 9/3/15 arch & SHPO

concurrence

123578 Thompson

Road

Thompson Road Syracuse Onondaga NY 3/3/15 8/13/15 arch & SHPO

concurrence

124241 Velco Line 206 Off W. Barnet

Road

Barnet Caledonia VT 3/23/15 9/3/15 arch & SHPO

concurrence

124752 Park Terrace 500 Gillen Drive Binghamton Broome NY 3/31/15 8/13/15 arch & SHPO

concurrence

126486 Willsboro Near 15 Carson Way Willsboro Essex NY 6/1/15 9/17/15 arch & SHPO

concurrence

128597 Cedarvale Kasson Road Syracuse Onondaga NY 8/21/15 9/9/15 arch & SHPO

concurrence

129341 Moravia DT 1683 Route 38 Moravia Cayuga NY 10/5/15 10/5/15 arch & SHPO

concurrence

129423 Chestertown 267 Starbuck Hill Road Chestertown Warren NY 9/8/15 9/9/15 arch & SHPO

concurrence

129730 Biers Biers Road Coeymans Albany NY 9/8/15 9/9/15 arch & SHPO

concurrence

129732 Edwards Hill 231 Edwards Hill Road Rensselaerville Albany NY 9/8/15 9/29/15 arch & SHPO

concurrence

129733 Jansen Lane 28 Jansen Lane Berne Albany NY 9/8/15 9/9/15 arch & SHPO

concurrence

130509 Oradell Prospect Avenue Oradell Bergen NJ 9/18/15 10/1/15 arch & SHPO

concurrence

130520 Belle Mead

3

1800 ROUTE 206 Montgomery Somerset NJ 9/18/15 10/1/15 arch & SHPO

concurrence

130821

NJ06638A 1 South Avenue Fanwood Union NJ 9/18/15 9/17/15 information

email ‐ new tower to be in

place longer than 24

months, no GD



2

Please let me know if you need anything for these or if there are any issues.

Thank you!

Talia

Talia C. Gilmore, MS

Tribal Outreach Manager


(717) 601

‐1144

(direct)

Talia.Gilmore@ivi‐intl.com

www.ivi‐intl.com

IVI Telecom Services, Inc. offers a wide spectrum of environmental services for nationwide telecommunications

infrastructure development ranging from environmental site assessments to FCC/NEPA screenings and Section 106consultations. At IVI, we understand your program and schedule constraints and use our expertise to realize your goals ina cost effective and timely manner.



1

Gilmore, Talia

From: Schuman, Sarah <[email protected]>

Sent: Wednesday, September 16, 2015 3:31 PM

To: Gilmore, Talia

Subject: TCNS Packet Dated 9/3/15

Ms. Gilmore,

Re: TCNS# 129423, TCNS# 129730, TCNS# 129732, TCNS# 129733

The Lac du Flambeau Tribal Historic Preservation Office (THPO) received your requests for comments or interest

concerning the National Historic Preservation Act, Section 106 request for review and comment to the effect on historic

and cultural sites within the proposed above referenced project area.

The Lac du Flambeau Tribe does not release any cultural/historical data to any agency outside of the Tribe. We will,

however research and check our databases, maps, and any other pertinent inventory records with regards to said project.

Under the authority of Section 106 of the National Historic Preservation Act of 1966, as amended, we have reviewed theabove-cited undertaking at the location noted above. Based on the information provided for our review, it is the opinion

of the Lac du Flambeau THPO that the project has No Historic Properties within the project area.

This letter evidences the FCC's compliance with 36 CFR § 800.4 “Identification of historic properties” and 36 CFR §

800.5 “Assessment of adverse effects”, and the fulfillment of the FCC’s responsibility to notify the THPO, as a consulting

party in the Section 106 process, under 36 CFR § 800.5(c) “Consulting party review”.

Referencing above mentioned project we have determined that we have no objections to the project at this time we have

now completed the necessary paper work and research for site documentation and will keep the project open until such

time it ends. If the scope of work changes in any way, or if artifacts or human remains are discovered please notify Lac du

Flambeau immediately.

Sarah Schuman,

Assistant Tribal Historic Preservation Officer

For

Melinda Young,

Tribal Historic Preservation OfficerP.O. Box 67

Lac du Flambeau, WI 54538

Phone: 715-588-4381

www.ldftribe.com



FLOOD PLAINS



FEMA Flood Map

Source: FEMA

http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelc

omeView?storeId=10001&catalogId=10001&langId=-

1&userType=G

* Panel Not Printed – No Special Flood Hazard Areas

** Panel Not Printed – All Open Water


Berne, New York


N



SURFACE FEATURES

(WETLANDS)



USFWS Wetland Map

Source: USFWS

http://www.fws.gov/wetlands/Data/Mapper.html


Berne, New York


N



State Designated Wetland Map

Source: Project: JANSEN LANE

Berne, New York


N

Undertaking



NATIONAL SCENIC TRAILS



National Scenic and Historic Trails Map

Source: National Park Service

http://www.nps.gov/nts/maps/National%20Trails%20map.

pdf


Berne, New York


N

Undertaking



Appalachian Trail Map

Source: National Park Service

http://postholer.com/gmap/


Berne, New York


NUndertaking



APPENDIX CPROJECT PERSONNEL PROFILES




Christopher S Bond














States.









Talia C G ilm ore

Education:

M .S. Environm ental Science, Towson U niversity

B.S. W ildlife & Fisheries, Frostburg State U niversity

Years of Experience: 10+ Years

Sum m ary of Professional Experience

M s. G ilm ore has over 10 years of professional experience in environm ental assessm ent and consulting,

specializing in environm ental investigations, site assessm ents, and N ational Environm ental Policy Act

(N EPA) review s prim arily for the telecom m unications industry. M s. G ilm ore has conducted 200+ Phase

I and Phase II Environm ental Site Assessm ents in accordance with ASTM standards and prepared Phase

I com pliance reports for properties throughout the M id-Atlantic region and adjoining states.

In addition to environm ental assessm ents, M s. G ilm ore has prepared 700+ N EPA review s for

telecom m unications properties throughout the U nited States and Puerto Rico. These reports ensure

com pliance w ith Federal C om m unications C om m ission (FC C ) requirem ents under N EPA and include

an analysis of historic properties, w etlands, endangered species habitats, floodplains, and other areas

of environm ental concern in an attem pt to lim it potential im pact of cellular installations on these sensitive

areas.She has also coordinated and m anaged 2,000+ tribal consultation projects for these review s.

M s. G ilm ore has also been trained on basic w etland delineations using the U .S. Arm y C orps of

Engineers W etland D elineation M anual Technical Report Y-87-1. W ith this training, M s. G ilm ore has

been able to assist in identifying features of potential w etlands as defined by the U .S. Arm y C orps of

Engineers and provide guidance on w hether a w etland delineation is warranted for proposed

telecom m unications projects in the M id-Atlantic region.

M s. G ilm ore com pleted her Bachelor’s degree in W ildlife and Fisheries at Frostburg State U niversity

and earned her M aster’s degree in Environm ental Science at Towson U niversity. As an undergraduate

at Frostburg State U niversity, M s. G ilm ore w orked as a research assistant at the U niversity of M aryland

C enter for Environm ental Sciences Appalachian Laboratory organizing and transferring raw data on

Black-tailed prairie dogs. D uring graduate school, she w orked closely with the M id-Atlantic Integrated

Assessm ent D ivision of the Environm ental Protection Agency by researching and presenting inform ation

on biological criteria for M aryland’s freshwater stream s.