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Home My WebLink About20102314.tiff • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL • REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 9 6 3 _ 3 4 _ 0 _ 0 0 _ 0 1 1 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,orwww.co.weld.co.us.) Legal Description NE 1/4 , Section 34 , Township 5 North, Range 64 West Flood Plain: Zone District: Ag , Total Acreage: , Overlay District: Geological Hazard: , Airport Overlay District: FEE OWNER(S)OF THE PROPERTY: Name: Robert E.and Gladys A.Suden Work Phone # 970-356-1381 Home Phone # Email Address:24514 WCR 57 Address: City/State/Zip Code Kersey,CO 80644 Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Richard D.Bailey or Bob Hirsekorn Work Phone # 970-768-6464 Home Phone # Email rick.bailey@viaero.com Address:1224 W.Platte Ave. Address: City/State/Zip Code Fort Morgan,CO 80701 PROPOSED USE: 195'Self Support tower,9'X17'poly aggregate building,,r'0'X90'X6'Chain link fence with 3 strands barbed wire atop for security. A 1000 gal buried propane tank will provide fuel for the pad mounted generator. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be • included i loafing that the,sigTatory has to legal authority to sign for the corporation. f —/-/° Si atu : Ow r or Authori agent Date Signature: EXHIBIT nnf= 20 2010-2314 • • • DISCLOSURE LETTER April 26, 2010 Mr. Thomas Honn Weld County Planning and Zoning 918 10th Street Greeley, Colorado 80631 Dear Mr. Honn, I hereby acknowledge my full awareness of the application(s)/request(s) being presented to Weld County by NE Colorado Cellular, Inc. d.b.a. Viaero Wireless for a conditional use permit and a building permit for a cellular communications facility on the parcel of land indicated and for the reasons noted on the completed applications(s)/request(s)submittal. I hereby acknowledge that Richard D. Bailey or Bob Hirsekom is the authorized representative in the matter. • Sincerely, ILLY , / Robert E. Suden Gladys A. SZen 24514 WCR 57 Kersey, CO 80644 • • • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION • BUSINESS EMERGENCY INFORMATION: Business Name: NE Colorado Cellular Inc.d/b/a Viaero Wireless Phone: 970-542-3600 Address: 1224 W.Platte Ave. City, ST, Zip: Fort Morgan,CO 80701 Business Owner: Frank DiRico Phone: 970-768-3000 Home Address: City, ST, Zip: Weldona,CO List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Thomas Burnett VP 1224 W.Platte Ave Fort Morgan,CO 970-467-1000 Mike Felicissimo VP 1224 W.Platte Ave Fort Morgan,CO 303-243-1010 Frank DiRico Owner 1224 W.Platte Ave Fort Morgan,CO 970-768-3000 Business Hours: 8:00-5:00 Days:M-Fx Type of Alarm: r None(—••• Burglar f Holdup rFire(g SilentfAudible Name and address of Alarm Company:Viaero Wireless 1224 W.Platte Ave Fort Morgan,CO 80701 Location of Safe: None • "`***,** ....**************************************************************************_************************************* MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 1 Location(s): South Face Is alcohol stored in building?NO Location(s): Are drugs stored in building? NO Location(s): Are weapons stored in building?NO Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical:North Site of property off from WCR 57 Gas Shut Off: None Exterior Water Shutoff:None Interior Water Shutoff: None • -12- Print Form SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR)PROCEDURAL GUIDE SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: • One original application form (additional copies may be required, on request of the Department of Planning Services) One copy of the Special Review plat map(24"X 36")-see attached page eight for map requirements \f"' One 8-1/2"x 11"reduced copy of the(24"X 36")Special Review plat X One digital or eletronic copy of completed application materials, if required (2C One original Special Review Use questionnaire X. One original Weld County Road Access Information Sheet One copy of document showing evidence of adequate water supply(e.g.well permit or letter from water district). If ti A using a well, please complete the attached Water Supply Information Summary. One copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary ksewer district) One copy of deed or legal instrument identifying applicant's interest in the property One original Certificate of Conveyances form and any attachments, completed within thirty days of the application submission date _` One copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website,www.co.weld.co.us_,or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. One original Emergency Information Sheet(for Commercial only) • /tVJ4 Notice of Inquiry if located within an Intergovernmental Agreement(IGA)boundary T Application fee 1/ H Investigation fee, if required(fifty percent of permit fee) Special Review plat recording fee($11.00 first page+$10.00 each additional page) NA Preliminary Drainage Report ✓04 Preliminary Traffic Study /VA Waste Handling Plan 4/14 Dust Abatement Plan iii Flood Hazard Development Permit(FHDP) /),, 4 Geologic Hazard Development Permit(GHDP) Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. The applicant shall submit 4 packets for a 7-day completeness review in the order listed below. Packet 1 will contain one original of all of the above Packets 2-4 will contain one copy of all of the above • updated 02-01-10 -1- • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not APPLICABLE",with an explanation as to why the question is not applicable. 1. Explain,in detail,the proposed use of the property. The proposed facility will consist of a 195'foot self support tower, a 9'X 17' prefabricated building, a 25kw generator and a buried 10000 gallon propane tank. A 50'X50' six-foot high chain link fence with two strands of barbed wire at the top will provide security to prevent unauthorized access to the tower facility. Mounted on the tower will initially be twelve panel antennas and two microwave dishes. Additional antennas for other service providers may also be installed in the future, up to the structural capacity of the tower. The building, located on its own cement pad near the tower, will house the electrical equipment for the cell site.The generator, also located on its own cement pad, will provide for emergency back-up power in the event of a power disruption. The propane tank will provide fuel for the emergency generator. It is Viaero's intent to provide a high level of cellular coverage, high speed data access and emergency services to people with GSM phones or computer date cards that are • either traveling through, working in or living in the 12 mile radius area. This facility will also provide a critical microwave relay link between the main switch in Fort Morgan and to other sites in Colorado as needed. A 3' X 3' metal sign will be attached to the north fence to properly identify the owner of the facility and the phone number. The facility will comply with all applicable FCC and FAA requirements. 2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 of the Comprehensive Plan. The tower and building will utilize less than 10%of the subject property. The surrounding ground will continue to be utilized as natural grass which complies with the goals set forth in Chapter 22 while enhancing the ability to provide wireless services to County residents, businesses and visitors as intended in Section 23 Division 9. 3. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23 (Zoning)and the zone district in which it is located. The zoning for this area is agricultural and towers are permitted in the zoning area and are needed to provide services to rural customers. 4. What type of uses surround the site(explain how the proposed use is consistent and compatible with surrounding land uses). Within a mile of the site there is mostly farming with some natural grass or pasture for • grazing with a few home sites in the area. • 5. Describe,in detail,the following: a. Number of people who will use this site At any given time during construction there would be as many as eight persons on the building location.After the site is constructed there will be no permanent personnel on this site. b. Number of employees proposed to be employed at this site This site will not consist of permanent employees. Personnel at the switch will operate the site remotely. c. Hours of operation The site will be in operation 24/7. d. Type and number of structures to be erected (built)on this site The facility will have one 9'X17'X6' Polly aggregate building moved to the location to house support equipment. e. Type and number of animals,if any,to be on this site There will be no animals permanently on this location.The adjoining land owner may graze this site as needed. f. Kind of vehicles(type,size,weight)that will access this site and how often Semi's, cement trucks, cranes and pickups will be used to build the site.After • construction of the site crews will use%ton to 1 ton pickups to service the site about once a month as needed. The weights of the vehicles is unknown although they will meet all governmental regulations. g. Who will provide fire protection to the site Fire protection will be provided by the Kersey Fire Department. h. Water source on the property(both domestic and irrigation) This is an unmanned site and will not require water. i. Sewage disposal system on the property(existing and proposed) This is an unmanned site and will not require a sewage system. j. If storage or warehousing is proposed,what type of items will be stored There will be no long term storage or warehousing. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. The site is currently natural grass and will be maintained. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The tower is constructed to 100 year standards, and will be replaced with a new one at • that time. In the event the tower will no longer serve a purpose it will be removed. • 8. Explain how the storm water drainage will be handled on the site. The site is mostly level and has natural sloping,there will be no storm water drainage. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction should begin within 30 days of approval and closing on the property. The foundation will be installed first which normally takes 5 days. The building and tower will be delivered shortly after, and electrical service will be installed. The tower will then be installed and the tower should be up and in operation within 60 days weather permitting. The propane tank will be installed and the fencing will be installed within a few weeks of operation. Season and weather permitted the re-seeding will be completed shortly thereafter. 10. Explain where storage and/or stockpile of wastes will occur on this site. There will be no storage on site. There will be no stockpile of waste on the site. • • • Prospect East, CO Sec. 23-2 Division 5. Special Review Permits for Major Facilities of Public Utility or Public Agency. 23-2-370. Application requirements. A. The applicants, name and telephone number. Rick Bailey or Bob Hirsekorn (authorized agent for) NE Colorado Cellular Inc. dba Viaero Wireless. Corporate Office 970-542-3600 Rick Bailey 970-768-6464 Bob Hirsekorn 303-243-1149. B. Address of the applicant and general OFFICE. 1224 W. Platte Ave. Fort Morgan, Colorado 80701 C. Summary Statement of the project, to include when applicable: 1. Source, capacity, destination and type of facilities, support STRUCTURES, lines, etc., involved. The antenna support structure will be 195 foot self support tower built by Nello Corporation and will be designed to accommodate three or more • carriers. 2. Number and description of alternative locations or routes considered, with a summary emphasizing reasons for favoring a particular site or route. In determining the location of the site a number of items are taken into account. 1. The site must provide dependable and quality coverage to the required service area. 2. The site must have adequate elevation to provide the greatest extension of PCS coverage and to provide for a reliable microwave path to connecting towers. 3. The site must have a willing landowner. 4. The site must be close to roads and electrical power sources. 3. Procedures, including reclamation measures, landscaping, buffering techniques or multiple uses, to be employed in efforts to mitigate any adverse impacts. A minimal amount of ground will be disturbed during construction. Soon after construction,the area that was damaged during construction will be re-seeded to native grass by Graff Turf Farms of Fort Morgan Colorado and the driveway will be leveled with gravel. 4. Size of the anticipated work force, both temporary and permanent. • • At any given time during construction there would be as many as eight persons on the building location. After the site is constructed there will be no permanent personnel on this site. 5. A summary of the proposed water requirements, if any, to include the quality and quantity needed for each USE, source, storage facilities, points of diversion, treatment system and distribution system. This will be an unmanned site and will not require water, a water treatment system or a water distribution system. 6. A summary of the proposed fuel requirements, if any, to include the type and quantity needed, source and storage facilities. The Emergency generator will be supplied fuel from a buried 1000 gallon propane tank, and under normal conditions would only be refilled once a year. 7. A description of the location and method of disposal of all forms of waste. During the construction phase a roll off dumpster will be supplied by Waste Management for all solid forms of waste generated. Waste Management will supply a port a potty for human waste and hand wash system during construction. No additional waste will be generated after • construction. D. A detailed report shall be submitted which includes information on the following items: 1. A complete description of the facilities, including the source, capacity, destination and type of structures. The proposed facility will consist of a 195' foot self support tower build by Nello Corporation, a 9'X 17' prefabricated building by Thermo Bond, a 25kw generator from Generac Corporation and a 1000 gallon propane tank from Trinity Industries. A 50'X50' six-foot high chain link fence with two strands of barbed wire at the top will provide security to prevent unauthorized access to the tower facility. Mounted on the tower will initially be twelve panel antennas and two microwave dishes. Additional antennas for other service providers may also be installed in the future, up to the structural capacity of the tower. The building, located on its own cement pad near the tower, will house the electrical equipment for the cell site. The generator, also located on its own cement pad, will provide for emergency back-up power in the event of a power disruption. The propane tank will provide fuel for the emergency generator. It is Viaero's intent to provide a high level of cellular coverage, high speed data access and emergency services to people with GSM phones or computer date cards that are either traveling through,working in or living in the 12 mile radius • area. This facility will also provide a critical microwave relay link between the main switch in Fort Morgan and to other sites in Colorado as needed. A 3' X 3' • metal sign will be attached to the north fence to properly identify the owner of the facility and the phone number. The facility will comply with all applicable FCC and FAA requirements. 2. A complete analysis of alternative routes or sites considered, to include in each case: a. Reasons for consideration. The site was in the search ring that would provide optimal service (see exhibit A). Currently there is not adequate coverage in the area for quality phone and data coverage (see Exhibit B). The site was selected because it offers the best coverage for the area and along with additional sites that Viaero already operates in the area will provide quality coverage in Viaeros' coverage area (see Exhibit C). This site provides adequate elevation for microwave connections. The land owner was willing to have the site near his home, and the site will have minimal visual impact on surrounding properties. b. Types of agricultural and other land USES affected. The proposed site is currently natural grass and the tower and building will utilize less than 10%of the property. • c. Construction cost of the proposed alternative. Does not apply. d. Impacts on mineral resources. There will be no impacts on mineral resources. e. Impacts on wildlife habitat. Attached is a letter from the US Fish and Wildlife Service (see Exhibit D) which has determined that there will not be any negative impacts on wildlife habitat. f. Impacts on historical, archaeological and scenic resources. Viaero Wireless contracted John F. Hoffecker of Historic Preservation Consultants 7876 South Niagara Way Centennial, Colorado a firm specializing in historical, archaeological and scenic resources. His visit of the site has found that the proposed site will not pose any negative impacts on historical, archaeological or scenic resources. g. Visual impacts created by aboveground facilities. There will be minimal visual impacts caused by the tower. • • h. A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the DEVELOPMENT. There are no geologic or flood hazards which could adversely affect the development. i. Advantages and disadvantages of alternatives considered. Does not apply. j. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. N/A k. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that and adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. There are no ditches near the subject property. 3. A description of the preferred alternative route or site and reasons for its selection. Does not apply. 4. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. Does not apply. 5. An outline of the planned construction and operation schedule, to include the number of stages and timing of each. Construction should begin within 30 days of approval and closing on the property. The foundation will be installed first which normally takes 5 days. The building and tower will be delivered shortly after, and electrical service will be installed. The tower will then be installed and the tower should be up and in operation within 60 days weather permitting. • • The propane tank will be installed and the fencing will be installed within a few weeks of operation. Season and weather permitted the re-seeding will be completed shortly thereafter. 6. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. No public meeting has been conducted. 7. A description of the hazards, if any, of fire, explosion and other dangers to the health,safety and welfare of employees and the general PUBLIC. There are no hazards, of fire, explosion or other dangers to the health, safety and welfare of employees or the general public. 8. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. If a component fails such as the light, an alarm notifies the switch in Fort Morgan so that an authorized technician can be dispatched to repair or replaced the failed component. No action will be required of Public • officials and our 24 hr phone emergency phone number to a technician on call is 970-768-6001 or our Corporate Office number is 970-542-3600. 9. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. Does not apply. 10.A discussion of how the proposal conforms with the guidelines of chapter 22 of the Code and any other applicable code provision or ordinance in effect. The tower and building will utilize less than 10%of the subject property. The surrounding ground will continue to be utilized as natural grass which complies with the goals set forth in Chapter 22 while enhancing the ability to provide wireless services to County residents, businesses and visitors as intended in Section 23 Division 9. 11.A discussion of the proposal for maintenance of the facility so as to prevent dust, soil erosion and the growth of NOXIOUS WEEDS Due to the proximity of our offices in Fort Morgan Viaero Wireless will perform the maintenance of the site to prevent dust, soil erosion and the growth of noxious weeds. • • 12.A drainage report outlining the method of preventing surface runoff from exceeding the historical flow. The ground is relatively flat and level and will not create surface runoff exceeding the historical flow. 13.Additional information required for TRANSMISSION LINES And oil and gas PIPELINES; a. A discussion of feasibility of utilizing any existing utility line corridors. Does not apply b. A list of names and address of the utility companies which have existing underground utility lines underlying the alternative routes. Does not apply. 14.Additional information needed for POWER PLANT site proposals: a. through k. Do not apply. • • a, -.� a mow! p w9 N p • �• I. N 600\ �9O. , N N • II ull C? •• 4596 ••e '.\ 6 �,..._ 4596,— 27 \\? V , 25 ti-1 - i . . l 17A.1 • o(3 p4594 4594 • • 27 •o 25 490 462 • • 0 ' `4T H4M o f Acbo N l'6,20 `' rse CQ Prop'" sed Site ‘K 4592 a--. • �p rrr---�� P y � f ' �,4 617 I�II I . -a ryo ! ( � o • l I7/ 0 � x4697 1 w \ - i4594 4594 35 96 36 o I 63° ism Ldio� 4620 r 4• o 45g CI -.... " • 4607 46591 _ 46•. -_ f -- r 5 AP %0 As vco oI 0 3 465/ 2 • 1 • .1 4604 . e • ao 1 - r, eam+wmie,lees u.,�iem,m�. O_ 5 a) O a d A q' • 3 w CU 12 m E E m _J �v5 am o ) E m oo U fey a a t raw — o O U E E I a CC • aD a o o9 1— 3 0000 a a ov1Q O � L i10 Si a n v N _aak .. • : Pure-v.. ..• by . . • !� Ave j ♦ 1 r 7 11.rptilLIA . ' el.'i 1 . .. 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T _• .._ � � r_ 1!E��1 '' :�"Aht.: 1a l '. ■i • V kill■ " ■ . 2010-04-29 13:31 CO ES K r,6 3032364005 >> 19708673589 P 2/2 � Rom April 20, 2010 vvireless RECEIVEDAPR22 ?010 /0-. -4(O_3 U.S. FISH AND WILDLIFE SERVICE Susan Linner Colorado Field Supervisor 4NO CONCERNS USFW/ES/Colorado Field Office APR 'L 8 Grill] Box 25486, DFC (MS 65412) 010..—C72:;.---) Denver, CO 80225.0486 SUSAN C. LINNER DATE COLORADO FIELD SUPERVISOR Dear Ms. Linner, NE Colorado Cellular, Inc. is conducting an assessment in general accordance with the National Environment Policy Act (NEPA), for the proposed tower site ("Kersey"), to be located at part of the Northeast 1/4 of Section 34, Township 5 North, Range 64 West of the 6th Principal Meridian. NE Colorado Cellular, Inc. plans to build a 195 foot Self Supporting tower and a 9-foot by 15-foot building to be used for telecommunications services. The proposed tower and building is located on an approximate 2 acre lot in Weld County, Colorado. The proposed NE Colorado Cellular, Inc. site consists of a 195 foot tower, surrounded by an 8-foot tall chain link fence. • NE Colorado Cellular, Inc. is requesting a written response with any concerns regarding the development of the proposed telecommunications tower in Weld County, Colorado and its affect, if any, on listed, threatened or endangered species or designated critical habitats regarding jeopardizing the destruction or adverse modification of proposed critical habitats. Your response will be incorporated into the assessment of the NEPA checklist. If you do not contact NE Colorado Cellular, Inc. within 30 days, we will assume you have no concerns. Enclosed are a site plan and a copy of a USGS map identifying the site location. Thank you in advance for your assistance. If you have any questions or need additional information, please call 1-800-867-6766. This correspondence has been sent via certified mail, return receipt requested. Respectfully Submitted, C Alan Covelli Site Acquisition Coordinator Enclosures • We are where you are. 1224 W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.com • Gsl OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION 1 June 2010 CHS#57192 Alan Covelli Viaero Wireless 1224 West Platte Ave. Fort Morgan, CO 80701 RE: Placement of a cellular antenna Viaero Wireless/NE Colorado Cellular,"Kersey" equipment facility at: County Road 82 Kersey vicinity, Weld County Dear Mr.Covelli: Thank you for your recent correspondence concerning the installation of a cellular facility at the above address(a project having Federal Communication Commission involvement). Our office has reviewed the submitted materials. • X There are no cultural resources in the Area of Potential Effect(APE). No historic or archaeological resources will be affected by this project. No historic properties will be affected by this project. However, there is a possibility that historic and/or prehistoric subsurface resources are located in the APE. If artifacts are discovered during the course of construction, please stop work immediately and contact our office for further guidance. The proposed project will have no adverse effect on cultural resources within the APE. The proposed project will result in an adverse effect. Please refer to the attached letter for more details. If you have any questions, please feel free to contact Joseph Saldibar, Architectural Services Manager, at(303) 866-3741. We look forward to hearing from you. it_Edward C. Nichols State Historic Preservation Officer and President,Colorado Historical Society • OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-866-3392* Fax 303-866-2711 • E-mail:oahperchs.state.co.us* Internet: www.coloradohistory-oahp.org - I - COLORADO HISTORICAL SOCIET 1300 BROADWAY DENVER CotoRADo 80203 TEL 303/866-3395 FAX 303/866-271 I www.c Ioradohistary-oahp.or • Division 9 Commercial Towers Section 23-4-820 A. Facilities on Residential Properties. Commercial facilities may not be placed on properties or buildings used primarily for residential purposes. This does not apply to buildings containing eight(8) or more dwelling units or farms and ranches containing dwelling units. The proposed tower and support building will not be located on Residential property. B. Commercial Tower facilities are allowed as a use by right or accessory use on a property as follows: 1. Attached and concealed (stealth)antennas are permitted by administrative review in all zone districts. 2. Antenna Towers are not allowed in the following zone districts: R-1, R-2, R-3, R-4, R-5,E and PUD with Residential uses. 3. Antenna Towers are permitted by Special Use Review in the following zone districts:C,I,A and PUD with Commercial or Industrial uses. The proposed tower and supporting building will be located in "Ag zone". • C. Accessory uses to a commercial tower shall not include offices, broadcast studios, long-term vehicles storage or other outdoor storage,or other uses not needed to send, receive or relay transmissions. The property that the proposed tower and supporting building will located will not be used for offices, broadcast studios, long-term vehicles storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. D. Radial Spacing. Antenna towers over seventy(70)feet high must be located at least one thousand (1,000)feet from other antenna towers over seventy(70)feet high that are capable of supporting Commercial Tower facilities. Closer spacing between towers may be granted through the Special Use Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. The proposed tower and supporting building is not located within 1000 feet from another tower. E. In addition to the Special Use Review standards set forth in Article II, Division 5 of this Chapter,the applicant shall submit documentation addressing the following standards: 1. Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower. See attached Exhibit E letter of no existing towers. 2. The tower shall not constitute a hazard to aircraft. • See attached Exhibit F No Hazard Determination from FAA. • 3. The tower shall be placed on the property to contain on site all ice-fall or debris from tower failure. The tower is spaced to ensure all ice or debris would be contained on property. 4. The proposed tower shall provide for shared capacity, if technically practicable. The tower will be designed for two additional carriers up to the capacity. 5. The tower shall have the last practicable adverse visual impact on the environment. The tower will have minimal impact on the environment due to its rural setting. 6. The proposed tower shall not emit radiation that will adversely affect human health. The proposed tower will meet FCC standards for radiation. 7. The proposed tower shall be the minimum height needed to accommodate the antenna. The proposed tower is the minimum height needed to accommodate the antenna, microwave path and additional carriers while delivering the quality PCS coverage. 8. The proposed tower shall comply with all applicable federal and state regulations. The proposed tower will comply with all applicable federal and state • regulations. 9. The design of the proposed tower shall insure structural integrity. The proposed tower will have structural integrity incorporating 95 mph fast wind standards. 10. The proposed tower shall have adequate measures to discouraged unauthorized climbing to insure the security thereof. The proposed tower and supporting building will be fenced with a 50'X50'foot chain link fence with two strands of barbed wire atop for security purposes and to discourage unauthorized entry to the site. 11. All reasonably possible sites for the tower have been considered,and the proposed site is the most appropriate,available site from a land use perspective. The proposed tower is being placed on Ag land that is currently native grass. 12. The proposed tower shall not adversely impact wildlife. (Weld County Code 2002- 9). Please see Exhibit G Department of Interior letter that the tower will not adversely impact wildlife. • • Section 23-4-830. Performance standards. A. Antenna Tower and Equipment Setbacks. 1. Attached antennas.Attached antennas and other appurtenances may encroach up to two(2)feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Concealed (stealth)antennas. Minimum setbacks for concealed antennas are the same as the minimum building setbacks in the underlying zoning district. 3. Antenna towers,other than concealed antennas. Minimum setbacks for antenna towers, other than concealed antennas,are as follows: a. From property lines of properties in the C and I zones:thirty percent(30%) of tower height but not less than the minimum building setbacks in the underlying zoning district. b. From property lines of properties in the E, R, PUD,A:one hundred percent (100%)of tower height but not less than minimum building setbacks in the underlying zoning district. 4. Guy wires and equipment buildings and cabinets. Minimum setbacks for guy wires and equipment buildings and cabinets are the same as minimum building setbacks in the underlying zoning district. Item 1 & 2 do not apply.The tower is set back 100%from the county road. B. Equipment Design. 1. Attached antennas on a roof may extend up to fifteen (15)feet over the height of • the building or structure and may exceed the underlying zoning district height limitation. Attached antennas mounted on a building or structure wall must be as flush to the wall as technically possible and must not project above the top of the wall. Attached antennas must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to. 2. Antenna towers should be painted or coated in non offensive colors that blend,to the extent possible,with the surrounding building and natural environment unless state or federal regulations require specific colors. Item 1 does not apply. The tower will be protectively coated to the color of grey and the support building will be sandy brown. 3. Antenna towers must not be artificially lighted unless required by the FAA or other state or federal agency. If safety lighting is required,the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to twenty(20)feet high and must be directed toward the ground to reduce light pollution, prevent offsite spillage and avoid illuminating the tower. The FAA has determined that the tower does not require lighting. 4. Equipment buildings must be compatible with the architectural style of the surrounding building environment with consideration given to exterior materials, roof form,scale, mass,color,texture and character. Equipment buildings must be constructed with materials that are equal to or better than the materials of the principal use. Equipment cabinets must be located, painted and/or screened to • architecturally and visually compatible with the surrounding building and natural environment. A Building Envelope(BE) must be designated for all equipment • buildings and shall be indicated on the plat. Written documentation shall be provided to the Department of Planning Services justifying the area and location of the BE. The supporting 9'X17' building will be placed near the tower. The building is built of a poly aggregate material in a sandy brown color. This building is specially built for telecommunication uses. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying Zone district as delineated in Section 25-12- 102,C.R.5., as provided by the Department of Public Health and Environment. Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It also does not apply to air conditions or noise mad during regular maintenance and upkeep of the facility and site. (Weld County Code Ordinance(2002-9). The tower and supporting building will not generate any noise. Section 23-4-840. Base or accessory site design. A. Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when any part of the facility is visible from public rights-of-way or adjacent properties. Natural materials must normally be used for screening and fencing: however,wire fencing is permitted when the fencing • can not be seen from the public rights-of-way or adjacent properties. If a facility fronts on a public street,street trees must be planted along the roadway to provide additional screening. It will not be possible to screen the tower from public rights-of-way or adjacent properties. B. Existing vegetation and grades on the site should be improved or preserved to the extent possible. Grades on the site will not be altered and minimal existing vegetation will be disturbed. C. Signage at the site is limited to non-illuminated warning and equipment identification signs. This does not apply to concealed antennas incorporated into freestanding signs. This site will incorporate a small non-illuminated sign warning and equipment identification. D. Commercial Tower facilities,except those in the C and I zones, must not include manned offices,long term vehicle storage or other outdoor storage,or other uses not needed to send, receive or relay transmissions. This will be a unmanned site and will not be used manned offices, long term vehicle storage or other outdoor storage or any other uses not required to send, receive or relay transmissions. • • Section 23-4-850. Co-location on Antenna Towers. A. Commercial Tower providers must not exclude other providers from co-locating on the same tower when co-location is structurally,technically or otherwise possible. Viaero Wireless will not exclude other providers from co-locating on the tower up to the structural capacity of the tower,technically or otherwise possible(Exhibit H). B. In addition to equipment proposed for the applicant's use, proposed antenna towers (excepting concealed antennas)and sites must be designed to accommodate co-location of additional Commercial Tower providers. The proposed site will be built to accommodate an additional two carriers or up to the structural capacity of the tower whichever is greater. C. The Planning Commission and/or Board of County Commissioners may eliminate the required co-location if an antenna tower necessary to provide for such sharing dominates and adversely alters the areas visual character. Does not apply. D. The Board of County Commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co- location but: 1. The tower owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the tower or cause • interference. 2. The tower owner modifies the structure in a way to make co-location impractical or impossible. 3. If approval is revoked,the facility must be removed at the owners expense. E. Addition of equipment for co-location of subsequent Commercial Tower providers on existing antenna towers and sites does not require the Special Use Review process if the tower height remains unchanged. Addition of equipment for co-location of subsequent Commercial Tower providers on existing legal, nonconforming antenna towers is not considered a nonconforming use expansion and is exempt from Article VII of this Chapter if the tower height remains unchanged. Section 23-4-860. Abandonment. If the Use by Special Review has not commenced within three(3)years from the date of approval or is discontinued for a period of three (3)consecutive years,it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned,the facility owner has ninety(90)days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing,to the Department of Planning Services. • A. Removal of abandoned Commercial Towers shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as • the property owner regarding the removal of Commercial Towers deemed by the County to be abandoned. Viaero Wireless intends to file a permanent easement on the property that the tower will be on and will comply with all Weld County Zoning (Exhibit l). B. The applicant or owner shall submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board of county Commissioners prior to commencement of operations,as applicable. Section 23-4-870. Application. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter,applications for administrative or Special Use Review approval of proposed commercial tower facilities,and additions or modifications to existing facilities, must include the following: 1. A Site Plan showing the location and legal description of the site:on-site land uses and zoning; adjacent roadways; parking and access;areas of vegetation and landscaping to be added, retained, replaced or removed;setbacks from property lines;and the location of the facility,including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties,general land uses, zoning and roadways" a. Within one hundred (100)feet of a proposed attached antenna site. b. Within a distance of one (1) mile of a proposed concealed antenna,temporary antenna tower or micro-cell antenna tower site. c. Within a distance of one(1)mile of a proposed antenna tower site. 3. Elevation drawings of the proposed facility showing all antennas,towers, structures, equipment buildings and cabinets,fencing,screening, landscaping, lighting and other improvements related to the facility,showing specific materials, placement and colors. Exhibit J reflects the above requirements. 4. Photo-realistic renderings(photosyms)of the site after construction, demonstrating the true impact of the facility on the surrounding visual environment. The Department of Planning Service may request photo-realistic renderings of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process unless the Department of Planning Services requests such information. Find Attached Exhibit K Photo-realistic rendering 5. A report describing the facility and the technical,economic(if deemed necessary by the Department of Planning Services)and other reasons for its design and location:the need for the facility and its role in the network;and the capacity of the structure, including the number and type of antennas it can accommodate. • Find attached Exhibit L a description of facility. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form • 7460-1 or equivalent), if the facility is located near an airport or a flight path. Find attached Exhibit M FAA determination of no hazard. 7. An agreement detailing responsibility for landscaping,screening, site maintenance and the replacement of dead plant material. Due to the proximity of the site to our corporate office all site maintenance will be performed by our site maintenance department. 8. A schedule for the installation of landscaping and screening, if applicable. Any reseeding of the natural grass will be completed as soon as possible after construction weather permitting. 9. A letter of intent to allow co-location on the antenna tower. Please find attached Exhibit H letter of intent to co-locate. 10. A letter of intent or lease agreement statement which address removal of the facility at the expense of the facility and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior • to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Please find attached Exhibit I letter of removal of an abandoned tower. 11. A map indicating the service area/radius of the proposed Commercial Tower in addition to the service area/radius of other existing Commercial Towers within ten (10) miles of the proposed Commercial Tower location. Please find attached Exhibit N coverage maps of tower. B. Facility Inventory. Not required. • TM Weld County Planning and Zoning Commission 918 10th Street Greeley, CO 80631 June 6, 2010 Gentlemen, Regarding the application of NE Colorado Cellular, Inc. (dba Viaero Wireless) for a communications tower located in the Southwest quadrant of the intersection of Weld County Road 52 and Weld County Road 57 in the NE ''A of the NE ''A of Section 34, T.05N., R. 64 W. of the 6th PM, Viaero would like to address the requirements of Section 23-4-820 of the Weld County Planning and Zoning Code. Sec. 23-4-820. General requirements. A. Facilities on Residential Properties. Commercial facilities may not be placed on • properties or buildings used primarily for residential purposes. This does not apply to buildings containing eight (8) or more dwelling units or farms and ranches containing dwelling units. B. Commercial Tower facilities are allowed as a use by right or accessory use on a property as follows: 1. Attached and concealed (stealth) antennas are permitted by administrative review in all zone districts. 2. Antenna Towers are not allowed in the following zone districts: R-1, R-2, R-3, R-4, R-5, E and PUD with Residential uses. Viaero's proposed location is zoned as Agricultural[A]. 3. Antenna Towers are permitted by Special Use Review in the following zone districts: C, I, A and PUD with Commercial or Industrial uses. C. Accessory uses to a commercial tower shall not include offices, broadcast studios, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. • We are where you are. Viaero does not propose to include, broadcast studios, long-term vehicle storage or other • outdoor storage as part of this application. D. Radial Spacing. Antenna towers over seventy (70) feet high must be located at least one thousand (1,000) feet from other antenna towers over seventy (70) feet high that are capable of supporting Commercial Tower facilities. Closer spacing between towers may be granted through the Special Use Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. Per the attached FCC Tower Registration Search, there are no towers within a 3 mile radius of the proposed location. E. In addition to meeting the Special Use Review standards set forth in Article II, Division 5 of this Chapter, the applicant shall submit documentation addressing the following standards: 1. Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower. Per the attached FCC Tower Registration Search, there are no towers within a 3 mile radius of the proposed location. 2. The tower shall not constitute a hazard to aircraft. The proposed tower has already received FAA approval with the appropriate conditions of lighting and marking. 3. The tower shall be placed on the property to contain on site all ice-fall or debris from tower failure. Viaero will place the tower on the property such that ice fall or debris from tower failure will be contained. 4. The proposed tower shall provide for shared capacity, if technically practicable. While Viaero cannot know the exact requirements of any and all potential co-location applicants, we have made a best effort to anticipate typical needs and have incorporated this loading into the structural and civil design of this tower to support two additional carriers besides Viaero. • 5. The tower shall have the least practicable adverse visual impact on the environment. • 6. The proposed tower shall not emit radiation that will adversely affect human health. This site will comply with the FCC's OET Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields," 7. The proposed tower shall be the minimum height needed to accommodate the antenna. Viaero has designed this tower to the minimum height to provide for good signal coverage and connectivity to adjacent sites. 8. The proposed tower shall comply with all applicable federal and state regulations. Viaero designs and constructs towers which comply with all applicable Federal, State and Local regulations. 9. The design of the proposed tower shall insure structural integrity. Viaero designs all of it's towers to the EIA /TIA 222-F industry standard with additional safety margins. 10. The proposed tower shall have adequate measures to discourage unauthorized • climbing and to insure the security thereof. Viaero will enclose this site with a security fence to discourage unauthorized climbing. 11. All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from a land use perspective. Engineering analysis has shown this to be the optimum site for coverage and connectivity based on available land usage. 12. The proposed tower shall not adversely impact wildlife. (Weld County Code Ordinance 2002-9) Viaero has notified the Fish and Wildlife Service of the proposed tower location and they • concur that the tower will not adversely impact wildlife. See attached response from Fish and Wildlife Service. Based on our response, we believe that we have complied with the appropriate parts of Section 23-4-820 and hope that you will grant this request. If I may provide you with any additional information, please do not hesitate to contact me. Sincerely, • Lam— T.W. Burnett VP Technical Operations / CTO Viaero Wireless • ASR Registration Search Results Page 1 of 1 • FCC . FCC Hone? I search I tic.iates I E-Fli cc I Initiatives I For Consumers I Find Peanle < ) . e lM Antenna Structure Registration FCC Vf1P>Fa.>Poling Systems>ASA Search FCC Ste Mao ASR Registration Search Registration Search Results DE ADVANCED SEARCH ®HELP N ws_ <rar h S Refine Senrrh APnntahle Prop Displayed Results No matches found ©=Pending Applicetion(s) To try agan,you can perform a new sexriie or refine your exist no search. Specified Search Latitude-'48-21-45.2 N,Longitude—'184-31-37.4 W',Radius-4.8 Kilometers ASR Help ASR irence Gloacare-EAO-Online Helo-Dommentanon-ISCOMCsiaggiuml ASR Online Systems TOW AI@-roaFC-ASR Online F Ibn-Arnlirannn Search-Reorstratinn Searnlh About ASR Privacy Statement-About ASR-ASR Home Registration Search By Regstration Number FS I Wlrelesl 11lLS I CORPS IS15I Tech Support Federal Communications Commission Phone: 1-8877-4U5-3251 445 12th Street civ Try, 1-717-331-2824 iv eshlnytori,DC 20`54 Submit HSo Reauect http:lwireless 2.fcc.govfU1 sApp/AsrSearchlasrResults.jsp;ISESSIONID_ASRSEARCE=gbJLMN6f4GTZv3x... 6/7/2010 • • 2010.04-29 13:31 CO ES FO 3032364005 » 19708673589 P 2/2 /�� no. RECEIVED April 2010 wireless APR 2?1p10 /O.74-C ' U.S.FISH AND WILDLIFE SERVICE Susan Unner Colorado Field Supervisor *O CONCERNS USFW/ES/Colorado Field Office /t APR 8 [ulU PO Box 25486,DFC(MS 65412) /'o.—LOW—, Denver,CO 80225-0486 SUSAN C.LIMNER DATE COLORADO FIELD SUPERVISOR Dear Ms.Unner, NE Colorado Cellular,Inc.is conducting an assessment in general accordance with the National Environment Policy Act(NEPA),for the proposed tower site("Kersey") to be located at part of the Northeast 1/4 of Section 34,Township 5 North,Range 64 West of the 6th Principal Meridian, NE Colorado Cellular,Inc.plans to build a 195 foot Self Supporting tower and a 9-foot by 15-foot building to be used for telecommunications services.The proposed tower and building Is located on an approximate 2 acre lot In Weld County,Colorado. The proposed NE Colorado Cellular,Inc.site consists of a 195 foot tower,surrounded by an 8-foot tall chain link fence. NE Colorado Cellular,Inc,is requesting a written response with any concerns regarding the development of the proposed telecommunications tower in Weld County,Colorado and its affect,if any,on listed,threatened or endangered species or designated critical habitats regarding jeopardizing the destruction or adverse modification of proposed critical habitats.Your response will be incorporated into the assessment of the NEPA • checklist.If you do not contact NE Colorado Cellular,Inc.within 30 days,we will assume you have no concerns. Enclosed area site plan and a copy of a USGS map identifying the site location. Thank you in advance for your assistance.If you have any questions or need additional information,please call 1-800-867-6766.This correspondence has been sent via cenified mail,return receipt requested, Respectfully'^^^e tf1 calk: uulSubmitted, Alan Covelli Site Acquisition Coordinator Enclosures We are where you are. 1224W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.com • Y/+ r €8 OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION 1 June 2010 CHS#57192 Alan Covelli Viaero Wireless 1224 West Platte Ave. Fort Morgan,CO 80701 RE:Placement of a cellular antenna Viaero Wireless/NE Colorado Cellular,"Kersey" equipment facility at: County Road 82 Kersey vicinity,Weld County Dear Mr.Covelli: Thank you for your recent correspondence concerning the installation of a cellular facility at the above address(a project having Federal Communication Commission involvement). Our office has reviewed the submitted materials. K There are no cultural resources in the Area of Potential Effect(APE). No historic or archaeological resources will be affected by this project. • No historic properties will be affected by this project. However,there is a possibility that historic and/or prehistoric subsurface resources are located in the APE. If artifacts are discovered during the course of construction,please stop work immediately and contact our office for further guidance. The proposed project will have no adverse effect on cultural resources within the APE. The proposed project will result in an adverse effect. Please refer to the attached letter for more details. If you have any questions,please feel free to contact Joseph Saldibar,Architectural Services Manager,at(303)866-3741. We look forward to hearing from you. S�rel, Edward C.Nichols State Historic Preservation Officer and President,Colorado Historical Society OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION 303-166-3392•Fax 303-866-2711•E-mail:oahNachs.siate.co.us Intcmct www.coloradohlstory-oahp org _l- COLORADO IIISiORIlA1_ SOCIETY 1300 BROADWAY DENVER COLORADO 80203 Tr L 303/866-3395 Fax 303/866-2711 uww:oloradohlrrory oahp org • £ A :A •••6 r f P Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2010-ANM-894-OE 2601 Meacham Blvd. • -. Fort Worth, TX 76137-0520 Issued Date: 05/04/2010 Kevin P. Delaney Industrial Tower and Wireless, LLC. 40 Lone Street Marshfield, MA 02050 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Kersey Location: Kersey, CO Latitude: 40-21-45.20N NAD 83 Longitude: 104-31-37.40W Heights: 200 feet above ground level (AGL) 4878 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a •hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X_Within 5 days after the construction reaches its greatest height (7460-2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 11/04/2011 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE • EXPIRATION DATE. Page 1 of 3 This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC)because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at(310) 725-6591. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-ANM-894-OE. Signature Control No: 703694-125495144 ( DNE) Tamcria Burch Technician aAttachment(s) Frequency Data cc: FCC • Page 2 of 3 Frequency Data for ASN 2010-ANM-894-OE • LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W • • Page 3 of 3 —' '— o w ......1VVJ -- 171 WWI JJu7 r c/c f 71- • �S• I R0 RECEIVED April 20, 2010 vvre l e s APRRE 1? 11)i0 /0T.4- Gi3 U.S. FISH AND WILDLIFE SERVICE Susan Linner Colorado Field Supervisor [NO CONCERNS USFW/ES/Colorado Field Office PO Box 25486, DFC(MS 65412) "-lay...)APR 4 8 lulu Denver, CO 80225-0486 USAN C.LINNER DATE COLORADO FIELD SUPERVISOR Dear Ms. Linner, NE Colorado Cellular, Inc. is conducting an assessment in general accordance with the National Environment Policy Act(NEPA), for the proposed tower site('Kersey') to be located at part of the Northeast 1/4 of Section 34,Township 5 North, Range 64 West of the 6th Principal Meridian. NE Colorado Cellular, Inc. plans to build a 195 foot Self Supporting tower and a 9-foot by 15-foot building to be used for telecommunications services.The proposed tower and building is located on an approximate 2 acre lot in Weld County, Colorado. The proposed NE Colorado Cellular, Inc.site consists of a 195 foot tower, surrounded by an 8-foot tall chain fink fence. • NE Colorado Cellular, Inc. is requesting a written response with any concerns regarding the development of the proposed telecommunications tower in Weld County, Colorado and its affect, if any, on listed, threatened or endangered species or designated critical habitats regarding jeopardizing the destruction or adverse modification of proposed critical habitats. Your response will be incorporated into the assessment of the NEPA checklist. If you do not contact NE Colorado Cellular, Inc. within 30 days,we will assume you have no concerns. Enclosed are a site plan and a copy of a USGS map identifying the site location. Thank you in advance for your assistance. If you have any questions or need additional information, please call 1-800-867-6766.This correspondence has been sent via certified mail, return receipt requested, Respectfully Submitted, Alan velli Site Acquisition Coordinator Enclosures • We are where you are. 1224 W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1,970,867.3589 • www.viaero.com x A ,-6 f N • May 1, 2010 Weld County Planning and Zoning 918 10 Street Greeley, CO 80631 Let it be known that Viaero Wireless will allow for co-location of antenna on our tower up to the capacity of the tower with a signed lease agreement. Sincerely • Boo�Hirrseekk/orn )111--- / �f/i— Director of Site Acquisition Viaero Wireless 1224 W. Platte Ave Fort Morgan,CO 80701 • xti �� . fi I May 1, 2010 Weld County Planning and Zoning 918 10 Street Greeley, CO 80631 Mr. Honn, Let it be known that Viaero Wireless will at its expense remove the tower,supporting building, generator, buried propane tank and fencing if the tower is deemed by Weld County to be abandoned in accordance to Weld County Zoning ordances. • Sincerely LA/0_ Bob Hirsekorn Director of Site Acquisition Viaero Wireless 1224 W. Platte Ave Fort Morgan,CO 80701 • 0 LOCATION MAP • A PROPOSED TOWERSITE EASEMENT IN THE NE1/4 NE1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 64 WEST, 6TH P. M. COUNTY OF WELD, STATE OF COLORADO I I SECTION 27 FAAIS HAROLD 6 SYLVIA ERWIN II COUNTY ROAD 52 (GRAVEL) 60' R.O.W. I I NE COR. SEC. 34 _ _ SB9'5916E 2G3R.79 PLS #23501 __-__--N1/�OB.fOBC 34 35970' __ _ iit "� LOT A RE1607 0 0 CFE EA5EIENT FFUIMIER I 9.99 ACRES 5� 295.1 ii .MORE OR LESS i3 SOILS NOTE EASEMENT FILLS IN CASCAI GRAVELLY SFIDY II LOAN 5 TO 20 N SLOPES '658.91 I I I>s NE1/4 3 I I SECTION 34 11 , o II ¢ ORIGINAL PARCEL II [/F" Z LOT B RE1607 ((0 I I N49.68 ONE ORAL LESS I tg I ROBERT E. 6 YS SUDEN 11 0 II > I I d II 1f7 IL - SECTION 34 tOQ I I E g/4OREBAR34 • O It 111 3 1/2' ALUM CAP ¢ US PER MONUMENT RECORD > 0 U I I T, N I I N. il I I O O O H E_ I o0 I COUNTY ROAD 50 (GRAVEL) 60' R.O.W. VIAERO WIRELESS KERSEY, CO. SITE 0 1000' 2000. CONTRACT SURVEYORS, LTD . m_._� COMPLETE SURVEYING AND GLOBAL POSITIONING SCALE: 1" = 1000' pa • NOTE: THIS IS NOT A SURVEY. ALL DIMENSIONS 2133 SOUTH BELLAIRE STREET #14 AND BEARINGS ARE APPROXIMATE AND WILL BE DENVER COLORADO 80222 VERIFIED IN THE FINAL SURVEY. (3031 756-3695 1 CLIENT: VIAERO WIRELESS PREPARED: 05/21/10 CSL # 10102-10 PJ •1 • • • .40 ' •r Y A� r •• • • '�� _. ..... •..y,«' a O. • • Ps • • • t. tiff . 2 e Ai A .v 1. ••i:.' tip. • 7 ,e • 'ate. l • I' 0 I 1 fr. h 71) ExA -44t L • Description of the Facility (23-a-870#5) The proposed facility will consist of a 330'foot guyed tower, a 9' X 17' prefabricated building, a 25kw generator and a buried 1000 gallon propane tank. A 50'X50' six-foot high chain link fence with two strands of barbed wire at the top will provide security to prevent unauthorized access to the tower facility. Mounted on the tower will initially be twelve panel antennas and two microwave dishes. Additional antennas for other service providers may also be installed in the future, up to the structural capacity of the tower. The building, located on its own cement pad near the tower, will house the electrical equipment for the cell site.The generator, also located on its own cement pad, will provide for emergency back-up power in the event of a power disruption. The propane tank will provide fuel for the emergency generator. It is Viaero's intent to provide a high level of cellular coverage, high speed data access and emergency services to people with GSM phones or computer data cards that are either traveling through, working in or living in the 12 mile radius area. This facility will also provide a critical microwave relay link between the main switch in Fort Morgan and to other sites in Colorado as needed and also provides PCS coverage in the Kersey Area. • • -- Federal Aviation Administration Aeronautical Study No. .. e.7.- 'O l Air Traffic Airspace Branch, ASW-520 2010-ANM-894-OE f,' 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 05/04/2010 Kevin P. Delaney Industrial Tower and Wireless, LLC. 40 Lone Street Marshfield, MA 02050 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Kersey Location: Kersey, CO Latitude: 40-21-45.20N NAD 83 Longitude: 104-31-37.40W Heights: 200 feet above ground level (AGL) 4878 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a •hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) _X_Within 5 days after the construction reaches its greatest height(7460-2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 11/04/2011 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE • EXPIRATION DATE. Page 1 of 3 This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights,power, or the .addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at(310) 725-6591. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-ANM-894-OE. Signature Control No: 703694-125495144 ( DNE) Tameria Burch Technician Attachment(s) Frequency Data cc: FCC • Page 2 of 3 Frequency Data for ASN 2010-ANM-894-OE LOW HIGH FREQUENCY ERP • FREQUENCY FREQUENCY UNIT ERP UNIT 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W • • Page 3 of 3 C a J UI Cr. . ill • Q. 3 U E ac 33 m J a ' mm o $6) 'CI '0 m = 00 o Y c g om a - 3 3 > _ o m E E 11 - O a - m O of o > ; 0000 5 - s a 0cc'ornrn a • p \ _ O A v g 3 '-‘,... 7 .. _ •130. • •W•l-Ltiy� iii 0 i 53,-.,,:.. r- lirbiTirw,Agi 1„: - ,., sk , ,,,-.: 4„, IN -.- Jt' .i ii.„,, • ,._. . , As. kr. : rziwt,issfriA . . . r.... ... . r N',: .4.....,TIT li •i10 i�- ' ' ' / /r �r n+r /J 0.11 � . fir'' .a i N Ys- • �. f ' . fig `1 orI �•� Art: ./` ' r • ea. `' t lam+ .arJ { :f.'s.. 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K as , iss. bips,1111111 0.,1% t‘larraannifill ,rte ` 4 r` .3 MINe - nisi ri ! t �■M "'!*~-� ;� _��a■�� • ��g � tar •� p. �I _ ■ • • Weld County Treasurer • Statement of Taxes Due Account Number R0348094 Parcel 096334000011 Assessed To SUDEN ROBERT F& 24515 CR 57 KERSEY,CO 80644 Legal Description Situs Address PT NE4 34-5-64 LOT B REC EXEMPT RE-1607(3.18R) 24515 57 CR WELD 00000 24515 57 CR WELD 00000 Year Charges Billed Payments Balance 2009 Tax $508.76 $508.76 $0.00 Grand Total Due as of 06/07/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 0738-0738 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $190.55 AG-DRY FARM LAND $340 $100 SCHOOL DIST RE7 12.9010000 $146.31 AG-GRAZING LAND $1,331 $390 NORTHERN COLORADO WATER 1.0000000 $11.34 FARM/RANCH $132,436 $10,540 (NC RESIDENCE-IMPS CENTRAL COLORADO WATER 0.4250000 $4.82 OTHER BLDGS.- $1,083 $310 (CCW AGRICULTURAL CENTRAL COLORADO WATER 1.3380000 $15.17 Total $135,190 $11,340 SUED PLATTE VALLEY FIRE 2.4150000 $27.39 AIMS JUNIOR COLLEGE 6.3120000 $71.58 HIGH PLAINS LIBRARY 3.2550000 $36.91 WEST GREELEY CONSERVATION 0.4140000 $4.69 Taxes Billed 2009 44.8640000 $508.76 Credit Levy • ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O.Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 • Hello