HomeMy WebLinkAbout20194811.tiffCT:triri! 'Vito
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USE BY SPECIAL REVIEW (USR) APPLICATION
DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631
www.weldgov.com * 970-400-6100 * FAX 970-304-6498
FOR PLANNING DEPARTMENT USE:
AMOUNT
APPLICATION RECEIVED BY
N/A
MH
DATE RECEIVED:
CASE # ASSIGNED:
8/14/2019
USR19-0055
PLANNER ASSIGNED: MH
Parcel Number*: 0 2 1 5- 2 1- 1- 0 0- 0 0 5
Address of site: 62999 CR105, Grover, CO
Legal Description: PT N@NE4 11 60 LOT A REC EXEMPT RE -4715 Section: 21
Zone District:
(*A 12 digit number on Tax I.D.
information, obtainable at
www.weldpov.com).
Township: 11 N Range: 60
Acreage: 1.93 Floodplain: - eological Hazard: Y
FEE OWNER(S) OF THE PROPERTY:
Name: Weld County
Airport Overlay: Y
w
Company: Weld County
Phone #: 9m0) 356-4000 Email:
Street Address: 1150 O Street
City/State/Zip Code: Greeley, CO 80631-9596
Name:
Company:
Phone #:
Street Address:
City/State/Zip Code:
Name:
Email:
Company:
Phone #:
Street Address:
City/State/Zip Code:
Email:
APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accompany all applications signed by Authorized Agents)
Name: Walt Leslie, Public Safety Wireless Communications Manager
Company: Weld County Public Safety Wireless Communications
Phone #: Email: wleslieweldgou.com
Street Address:
City/State/Zip Code:
PROPOSED USE: 280 -foot public safety communications tower - Weld County owned and operated
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 indicating that the signatory has to legal
authorit to signfor the corporation.
�(l1 L,ter 7/10/2019
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
Walter F. Leslie, Public Safety Wireless Communications Manager
Print Name
Print Name Rev 4/2016
7/10/2019
Property Report
Weld County
PROPERTY PORTAL
Property Information (970) 400-3650
Technical Support (970) 400-4357
Account: R4960608
July 10, 2019
Account
Owner Name
Address
R4960608
WELD COUNTY
1150 O ST GREELEY, CO 806319596
Reception
Rec Date
Type
Grantor
Grantee
Doc Fee
Sale Date
Sale Price
3465054
03-29-2007
WD
EVERITT
PENNY
L
FULLING
MARK H
10.00
03-23-2007
100,000
3518476
11-20-2007
USR
USE BY
SPECIAL
REVIEW
USR-1563
WIND
GENERATORS
0.00
0
3520581
11-30-2007
RE
RECORDED
EXEMPTION
RE -4715
0.00
0
3520581
11-30-2007
RE
RE -4715
RE -4715
0.00
11-30-2007
0
4321455
07-26-2017
QCN
FULLING
MARK H
NOTE
ACQUISITIONS
INC
0.00
07-21-2017
0
4350985
11-08-2017
WD
NOTE
ACQUISITIONS
INC
COUNTY OF
WELD21.00
11-07-2017
210,000
Copyright O 2019 Weld County, Colorado. All rights reserved.
Privacy Policy & Disclaimer I Accessibility Information
https://propertyreport.co.weld.co.usl?account-84960608&defaultsection=0wner 1/1
Regional
Communications
PUBLIC SAFETY WIRELESS
August 16, 2019
Subject: Grover Tower Justification
Section 23-4-840.A requirement # 5
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC(a,eldG ov. corn
www.co.weld.co.us
The Weld County Board of County Commissioners (BOCC) operates a countywide public safety radio system
through the Weld County Department of Public Safety. This radio network is utilized by the Weld County Regional
Communications Center to dispatch law enforcement, fire and emergency medical services responders throughout
Wield County. The radio network serves 41 first responder agencies in Weld County. The radio communications
site identified as the Grover Site is part of a network consisting of eleven (11) radio sites throughout Weld County,
providing radio coverage for approximately 1000 square miles between county Road 55 and County Road 131, from
Highway 14 to the Wyoming border. Because of the critical nature of public safety communications each radio site
has two (2) diverse connections to the radio system centralized core. For the Grover Site one of those connections
is a microwave radio path to the Nunn Tower Site. Without this radio tower site there would be no public safety
communications to this area of Weld County.
'Ibe Weld County Public Safety Wireless Communications Division contracted a tower assessment report of the
current Grover Tower in May of 2016. The report identified the following issues:
Tower Condition Summary
Tower is in poor condition.
- Significant replacements are required across the tower. Guy wires are rusted and improperly installed. Feedlines
are damaged and improperly installed. Tower members and guy anchors arc rusted, and need replaced. The tower
needs repainted. Numerous bolts have been installed without adequate nut -locking devices.
- foundation is in poor condition and is visibly crumbling.
- (rounding is inadequate and missing in several locations.
- The tower requires re -tensioning of all guy wires to minimum tensions and to correct the twist of the tower.
With this information the BOCC decided to have the tower replaced. The proposed tower will serve the same area
as the existing tower, ensuring the continuation of public safety communications capability in the area.
The proposed tower is 20 foot taller to allow for an improved microwave radio signal from the Grover Site to the
Nunn Site by improving the clearance for the radio signal Fresnel zone.
The tower is designed to support the following antennas:
Appurtenance
Elevation
Appurtenance
Type
Manufacturer
Model
Number
Azimuth
Feed
Line
275
Foot
21.25 -foot
Dipole
COMMSCOPE
DB224-A
AVA5-50
280
Foot
10
foot x 4" Omni
BIRD
101-83B-09-0-03
AVA6-50
280
Foot
TTA
BIRD
428E -83I
-01-T
LDF4-50A
265
Foot
10
foot x 4" Omni
BIRD
101-83B-09-0-03
AVA6-50
260
Foot
17 -foot Dipole
Sinclair
SD318-HF2P4SNMD04
AVAS-50
260
foot
17 -foot
Dipole
Sinclair
SD318-HF2P4SNMD04
AVA5-50
225
Foot
Microwave
Dish
Andrew
PARS
-65B
RF
248.4
LMR400
(2 runs)
165
Foot
20 -foot
Dipole
Sinclair
SD214HF2P2SNMDOOS
AVAS-50
165
Foot
20 -foot
Dipole
Sinclair
SD214HF2P2SNMDOOS
AVAS-50
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC(a Weld ov.corn
www.co.weld.co.us
July 10, 2019
Planning Questions: Planner on Call 970-400-6100
1. Explain, in detail, the proposed use of the property.
The Property is used as a Public Safety Communications Site for The Weld County Sheriff's Office, other Weld
County First Responders, the Weld County Public Works Department, the Weld County Health Department and
the Weld County Office of Emergency Management. '1 _ he Weld County Department of Public Safety
Communications proposes to replace the existing two hundred sixty (260) foot guyed public safety communication
tower with a new two hundred eighty (280) foot self-supporting lattice public safety communications tower. The
proposed tower will support the same functionality as the existing tower. That functionality is public safety teless
communications in 700 -800 -Megahertz public safety communications band, public safety very High Frequency
(VHF) radio alerting, and public safety microwave communications. The replacement tower is 15 foot taller to
allow for improved microwave path signal and reliability. 'ihe tower will also accommodate one existing antenna
lease for a commercial Land Mobile Radio System.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the
Comprehensive Plan.
The Proposed Replacement tower is consistent with the Weld County Code, Chapter 22 - Comprehensive Plan
Article III Sec. 22-3-10 (A), Article III Sec. 22-3-40, and Article IV Sec. 22-4-10.
Article III — Land Use Amenities Sec. 22-3-10 (A) — Public facilities and services provides "The effective and
efficient delivery of adequate public services is one (1) of the primary purposes and benefits of effective land use
planning. Public services are government services, such as police and fire protection, health services and welfare and
educational services and programs.
■I
The replacement of the existing tower will allow for the continued delivery of these services.
Sec. 22-3-40 Public facility and services, fire protection and law enforcement goals and policies (A) P. Goal
1.1 P. Policy 1.1. Promotes the efficient and cost-effective delivery of public facilities and services by Encouraging
consolidation of public facilities or services and coordination between providers, to avoid duplication of costs and
promote efficiency.
1
The replacement of the existing tower supports the consolidation of wireless communications for law
enforcement, rural fire protection and other County services through the joint use of the public safety
communications tower.
Article IV — Environmental Resources Sec. 22-4-10 addresses environmental concerns.
The Weld County Public Safety Communications Department has had a comprehensive review of the tower
replacement project completed for compliance with the National Environmental Protection Act (NEPA) as well as
the National Historic Preservation Act (NHPA). The Report is included as part of this package.
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.
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC(a,weldGov. corn
www.co.weld.co.us
As a Public Safety Communications Tower, the tower meets the definition of NONCOMMERCIAL TOWERS as
identified in Chapter 23, Article IV, Division 10 Antennas and Towers, Sec 23-4-805. Although this Public Safety
Communications Tower will not accommodate the increasing wireless communication needs of County residents,
businesses and visitors as characterized by Sec 23-4-800 it will provide for communications used by first responder
and County personnel to protecting the public health, safety, and general welfare of the County residents and
visitors. This tower also replaces an existing Public Safety Communications Tower serving the same purpose.
4. Describe what type of land uses surround the site. Explain how the proposed use is consistent and
compatible with surrounding land uses.
The proposed Public Safety Communications Tower is consistent with the surrounding land use as it replaces an
existing Public Safety Communications Tower. The properties within 500 feet of the proposed site are zoned
Agricultural and the Tower will not impact the use of those properties.
5. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.)
Mc Site Operates 24 hours per day, 7days per week, 365 days per year but is unoccupied.
6. List the number of full time and/or part time employees proposed to work at this site.
The site is visited by up to 3 personnel from Public Safety Wireless Communications and/or Building and Grounds
for maintenance activities related to site up keep and equipment maintenance usually less than once a month.
7. If shift work is proposed include the number of employees per shift.
Shift work is not proposed although County Personnel may respond after hours to perform unscheduled
maintenance in case of equipment failure.it _Jay'
8. List the number of people who will use this site. Include contractors, truck drivers, customers,
volunteers, etc.
This site is not normally occupied.
9. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals.
Not Applicable
10. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel,
landscaping, dirt, grass, buildings)
The tower generator and equipment shelter compound (approximately 3500 square foot) has a gravel surface. The
rest of the property has native grassland cover.
11. How many parking spaces are proposed? How many handicapped (ADA) parking spaces are
proposed?
the attached NEPA. Report.
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC(a,weldGov. corn
www.co.weld.co.us
There arc no formal parking spaces proposed. Maintenance personnel will park on the gravel surface within the
equipment shelter compound. No Handicapped (ADA) spaces are proposed.
12. Explain the existing and proposed landscaping for the site.
Me site is in an agricultural area and is not landscaped.
13. Describe the type of fence proposed for the site (e.g. 6 foot chain link with earth tone slats)
The proposed tower/equipment compound will be surrounded by a 6 foot chain link fence with an access gate as is
present today.
14. Describe the proposed screening for all parking and outdoor storage areas. If the site is located in a
floodplain outdoor storage is restricted
No parking spaces or Outdoor Storage arc proposed so no screening is proposed.
15. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
51ArillEhmir,
a.
Should the County decide to discontinue use of the property as a Public Safety Communication Site, the County will
remove all equipment and structures as allowable without disturbing identified historical areas of concern. Refer to
VIia
16. Who will provide fire protection to the site
Pawnee Fire Protection District.
17. List all proposed on -site and off -site improvements associated with the use (e.g. landscaping,
fencing, buildings, drainage, turn lanes, etc.) and a timeline of when you will have each one of the
improvements completed.
The proposed improvements are the new Public Safety Communications Tower, extended chain link fence around
the tower compound with gravel base material within the fenced compound.
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC(a,eldGov. corn
www.co.weld.co.us
July 10, 2019
Engineering questions: 970-400-3750
1. Describe how many roundtrips/d.ay are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site)
Less than 1 roundtrip/day by pickup or SLAT except during construction of new tower between October and
December of 2019 when contractor could have 2 or 3 round trips per day by pickup. And one delivery of tower
steel to the site by semi -truck.
J
2. Describe the expected travel routes for site traffic.
Our access easement is via a two -track road extending east and west across the northern boundary of 62695 CR
10.5 and the southern boundary of parcel 021516000001 then through parcel 021521100006 from County Road
105 to the communications tower property. Traffic to the access easement be via CR 105.
3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from
the south, 30% from the east, etc.)
Travel will generally come from CR126 and CR105 North to the access easement which begins east of CR128.
_at.
ri
4. Describe the time of day that you expect the highest traffic volumes from above.
Highest traffic volume would be during normal County Working Hours. Traffic will be higher during the
construction between October 2019 and Jan 2010 .but infrequent after the construction is completed refer to
�J
question 1.
5. Describe where the access to the site is planned.
We would continue to use the existing access easement described above entering the property on the east
boundary as identified in Exemption 4715.
ssfir
6. Drainage Design: Detention pond summarized in a drainage report is required unless the project falls
under an exception to stormwater detention requirements per code section 23-12-30 F.1.
According to section 23-12-30 F.1. a.4} No stormwater detention will be required for Towers including, but not
limited to, cell, wind, and telecommunication towers.
The existing site has no current drainage issues and the replacement tower will have no effect on drainage in this
agricultural area.
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC( , eld ov.corn
www.co.weld.co.us
July 10, 2019
Environmental Health questions: 970-304-6415 x2702
1. What is the drinking water source on the property?
If utilizing a drinking water well include either the well permit or well permit application that was
submitted to the state -Division of Water Resources. If utilizing a public water tap include a letter from the
Water District, a tap or meter number, or a copy of the water bill.
There is no drinking water source on the property. The property will not he occupied.
2. What type of sewage disposal system is on the property?
If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to
the age of the existing septic system, apply for a septic permit through the Department of Public Health
and Environment prior to submitting this application. If a new septic system will be installed please state
"a new septic system is proposed". Only propose portable toilets if the use is consistent with the
Department of Public Health and Environment's portable toilet policy.
There is no septic system on the property and none is proposed as the property will not he occupied.
Questions 3 through 11 below are not applicable. g pp
3. If storage or warehousing is proposed, what type of items Till be stored? 41IN 1'
4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this
site.
5. If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of
tanks and gallons per tank.
j
�I
6. If there will be washing of vehicles or equipment on site indicate how the wash water will be contained.
7. If there rill be floor drains indicate how the fluids Till be contained.
8. Indicate if there will he any air emissions. (e.g. painting, oil storage, etc.)
9. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.)
10. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.)
11. Additional information may be requested depending on type of land use requested.
Regional
Communications
PUBLIC SAFETY WIRELESS
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, CO 80631
Phone: 970-400 x2888
WCRCC( , eld ov.corn
www.co.weld.co.us
July 10, 2019
Building questions: 970-400-6100
1. List the type, size (square footage), and number of existing and proposed structures. Show and
label all existing and proposed structures on the USR drawing. Label the use of the building and the
square footage.
Me property has 2 existing equipment shelters. The larger 16.5 square foot equipment shelter is a precast cement
structure. The smaller 88 square foot building is of concrete masonry unit (CMLT) construction. There is an existing
diesel generator with a sub -base tank on a 8 foot by 4 foot concrete slab for back-up power to the public safety
communications equipment. An existing 260 -foot guide communications tower will be removed. The guy -wire
anchors are to be left in place due to historical preservation concerns. A 280 -foot self-support communications
tower will he added to replace the damaged 260 -foot guyed tower. Cable Ice Bridges will he modified or replaced to
protect cabling from the existing equipment shelters to the new tower. The equipment shelters, generator and
existing tower are secured by 6 -foot tall chain -link fencing. This fencing \kill be extended around the new tower.
2. Explain how the existing structures will be used for this USR?
Me larger 165 square foot equipment shelter will continue to house the public safety trunked radio system
equipment and microwave radio equipment. The smaller 88 square foot building will continue to house the public
safety fiber optic demark equipment and a radio repeater.
3. List the proposed use(s) of each structure.
The 280 -foot self-support communications tower will replace the damage 260 -foot guyed tower. The
existing 6 -foot tall chain -link fencing will be extended around the new tower.
.V� 189 of
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NTr
Regional
Communications
PUBLIC SAFETY WIRELESS
August 16, 2019
Weld County Planning and Zoning
1555 N 17thAve
Greeley, Co 80631
Subject: Letter of Intent to Allow Co -Location
Salutation: to whom it may concern,
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, Co 80631
Phone: 970-400 x2888
WCRCC(&,, eld ov.corn
www.co.weld.co.us
This letter is to express Weld County Public Safety Communications' intent to allow co -location of equipment on.
the proposed radio communications tower identified as the Grover Site in compliance with Weld County Code,
Co -location requests will be presented to the Weld County Board of County Commissioners (BOCC) for approval,
Recommendations to the BOCC will be based on the loading effect on the tower structure, space availability at the
desired elevation, and the possibility of interference to public safety communications.
Weld County has a current co -location lease agreement with Wireless Specialist LLC1 for two (2) antennas on the
current tower and equipment space in the existing 8 foot x 11 foot equipment shelter. This lease agreement will
transfer to the new proposed tower.
Sincerely,
Walter Leslie
it
Public Safety Wireless Communications Manager
Weld County Public Safety Wireless Communications
1551 N 17th Ave Suite 2
Greet , (, O 80631
Desk 970-400-2892
Fell 970-702-3142
.V� 189 of
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NTr
Regional
Communications
PUBLIC SAFETY WIRELESS
August 16, 2019
Weld County Planning and Zoning
1555 N 17th Ave
Greeley, Co 80631
Subject: Letter of Intent to Dismantle
Salutation: to whom it may concern,
Weld County Regional Communications Center
Public Safety Wireless Communications Division
1551 N 17th Avenue, Ste 2, Greeley, Co 80631
Phone: 970-400 x2888
WCRCC(a Weld ov. corn
www.co.weld.co.us
'Ibis letter is to express geld County Public Safety Communications' intent to dismantle and remove all structures
and equipment from the radio communications site, identified as the Grover Site, should the Weld County Board of
County Commissioners (BOCC) determine that the site is no longer required for providing public safety
communications. Weld County will remove all foundations as allowable without disturbing identified historical
areas of concern. Refer to the NEPA Report attached as part of USR 19-0150.
Sincerely,
Walter Leslie
Public Safety Wireless Communications Manager
Weld County Public Safety \Wireless Communications
1551 N 17th Ave Suite 2
II
Gree1e r CO 80631 ,
Desk 970400-2892
Cell 970-702-3142
6/28/2019
ASR Registration Search
Registration Search Results
Displayed Results
ASR Registration Search Results
Specified Search
Latitude='40-54-46.9 N', Longitude -1104-05-23.8 Val', Radius=16.1 Kilometers
Reg 'strati on
1 Registration:
1268467
File Number:
A1102168
Status:
Constructed
FAA Study:
2009-ANM-753-OE
2 Registration:
1283666
File Number:
A0759310
Status:
Constructed
FAA Study:
2009-ANM-1945-OE
3 Registration:
1306537
File Number:
A1102171
Status:
Granted
FAA Study:
2017-ANM-5315-OE
Owner and Contact
Owner:
We l d County Government
(970)400-2892
Contact:
(970)400-2892
Owner:
Industrial Tower and Wireless, LLC
(781)319-1111
Contact:
Delaney, Kevin P
(781)319-1011
Owner:
Weld County Government
(970)400-2892
Contact:
(970)400-2892
Structure Description
Structure Type: TOWER
Elevation of Site (meters): 1698.3
Overall Height Above Ground (AGL) (meters): 80.7
Overall Height Above Sea Level (meters): 1779.0
Located in: weld county, CO
Let/Long: 40-54-47.0N 104-05-24.0W
FAA Chapters 3, 4, 5, 12
Paint and Light in Accordance with FAA Circular Number 70/7460-1K
Structure Type: TOWER
Elevation of Site (meters): 1546.5
Overall Height Above Ground (AGL) (meters): 59.4
Overall Height Above Sea Level (meters): 1605.9
Located in: Grover (Downtown)/ CO
Lat/Long: 40-51-51.0N 104-13-42.9W
Painting and Lighting Specifications: None
Structure Type: LTOWER
Elevation of Site (meters): 1696.2
Overall Height Above Ground (AGL) (meters): 86.9
Overall Height Above Sea Level (meters): 1783.1
Located in: Grover, CO
Lat/Lone: 40-54-47.0N 104-05-23.8W
FAA Chapters 4, 8, 12
Paint and Light in Accordance with FAA Circular Number 70/7460-iL
CLOSE WINDOW `!
Pending Application(s)
https://wireless2.fcc.gov/U1sApp/AsrSearch/asrResults.jsp?searchType=TRL&printable 111
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4-01.,`
RESOLUTION
RE: APPROVE ACCESS EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN
HOWARD AND► ROBERTA FOSTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Access Easement Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Safety Communications,
and Howard and Roberta Foster, 62695 County Road 105, Grover, Colorado 80729, terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE 1T RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Access Easement Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Safety Communications, and Howard and Roberta Foster be and hereby is,
approved.
BE 1T FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, AD., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Julie A. Cozad, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tem
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
2017-2763
C oo2S
/D
BOARD OF COUNTY COMMISSIONERS
PA -AROUND REVIEW/ WORK SESSION REQUEST
RE: Fleet Replacement (Old Radios)
DEPARTMENT: fT: Communications- Public Safety Wireless
PERSON REQUESTING: Michael R Wallace
DATE: 08/01/2017
Brief description of the problem/issue:
After numerous months working with Frank and Bruce in legal and the property sellers attached are the
purchase agreements for the Grover & Timnath tower ro a rt y . Also attached cd is the Access Easement
agreement allowing access to the said Grover property.
Review of Purchase agreements for Grover Tower Propert - and the Timnath Tower et- Property
What options exist for the Board? (Include consequences, impacts, costs, � etc, of options
Approve Purchase Agreement
Deny Purchase Agreement
Recommendation:
Approve Purchase Agreement
Julie Cozad, Chair
Mike Freeman
Sean P. Conway
Barbara Kirkmeyer
Steve Moreno
Approve
Ref; i n enda; ion
Schedule
Work &..-sioq
•
Other/Comments;
I
2017-2763
ACCESS EASEMENT AGREEMENT
THIS AbyESS EASEMENT AGREEMENT (hereinafter referred to as "Agreement") is
made this cir day of , 2017. by and between Off' R � . FOSTER and
ROBERTA TA A. FOSTER,Uhos address is 62695 WCR 105, Grover, CO 80729, hereinafter
referred to as "Grantors," and WELD COUNTY, COLORADO, by and through the Board of
County Commissioners or Weld County, whose address is P.O. Box 758, 1150 0 Street. Greeley,
CO80632, hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, Grantors is the owner of the property described as the NW4 of Section 22,
Township 11 North, Range 60 West of the 6th P.M., Weld County, Colorado, being hereinafter
referred to as the "Foster Property," and
WHEREAS, Grantee is the owner of the property described as Lot A of RE -4715 in
Section 21, Township 11 North, Range 60 West of the 6th P. i., Weld County, Colorado, being
hereinafter referred to as the "County Property," and
WHEREAS, Grantee plans to demolish a current communications tower and build a new
communications tower on County Property, and
WHEREAS, Grantee is now in need of obtaining from Grantors an easement on a twos
track road extending east and west across the Foster Property, to prove access to the .County
Property from Weld County Road ("WCR") 105, and
WHEREAS, through this Agreement, Grantors agrees to provide such access easement to
Grantee, pursuant to the terms set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00). in
hand paid by Grantee to Grantors, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto do hereby agree and covenant
as follows:
1. Grantors do hereby grant, sell, convey, assign and set over to Grantee an irrevocable
access easement, appurtenant to and running with the land and binding and inuring to
the benefit of the parties to this Agreanent, their successors or assigns, for ingress
and egress to the County Property on a two -track road extending east and west across
the Foster Property from Weld County Road ("WCR") 105. The access easement
granted herein is hereinafter referred to as the "County Access Easement"
2. The County Access Easement shall be used by Grantee give construction and
maintenance crews access to a communications tower located on the County
Property. Grantee intends to demolish the current tower located on: the County
Property and build a new tower in its place. After construction of the tower, traffic on.
I
Howard A. Foster
the County Access Easement shall be limited to occasional maintenance or placement
of communications equipment on the tower.
3. Grantee agrees to maintain the County Access Easement in an adequate state of
cleanliness and repair at the cost and expense of the Grantee.
4. Any breach of this Agreement shall give rise to the nonebreaching party's right to
briatg an action against the breaching party for injunctive or other equitable relief
andfor damages. In the event frof such action, the prevailing party shall be entitled to
recover its reasonable attorney's fees from theother party.
5. The easements, restrictions, benefits and obligations set forth in this Agreement shall
create easements, restrictions, benefits and servitudes upon the Foster Property,
running with the land, which shall be perpetual.
6. This Agreement shall create privity of contact and estatewith-and among the parties
hereto and all grantees of all or any part of the Foster Property and the County
Property, their successors and assigns.
7. This Agreement shall be binding upon Grantee and Grantors, their successor and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth above.
GRANTOR:
State of Colorado: }
ss
County of Weld )
ACKNOWLEDGED before me this j day of ,3
y
Foster,xrantor.
WITNESS my hand and official seal.
My Commission Expires
1L� WI°
2
. by Howard A.
'94%,4) 11.A ((la_
Notary Public
SARAN i C DALE NOTsTARYA PUrFC
ot:LARAMIE I , }�,� WYOMING
4.1
MY COMMISSION OCHRES l
GRANTOR:
dna.
_. k f
Roberta fa Foster
State of Colorado
) seas
County of Weld )
ACKNOWLEDGED before me this 11‘ day of - _
tu
Foster, Grantor.
WITNESS my hand and official seal.
i
My Commission Expires. � 2 21 2Oi9
GRANTEE:
by Roberta Arl
a
SARAH Ca
oxet O
CIE
NOTARY puatic
MY COMMISSION WIRES
SINEOF
WyONUNG
ATTEST: did& ajd4;41BOARD OF COUNTY COMMISSIONERS
Weld Co Clerk to the Board WELD COUNTY, COLORADO
By:
Deputy Cler ;r to th
3
Cozad, Chair
UG O 9 2017
aon- a7le3
4350978 11/08/2017 01:14 PM
Total Pages: 3 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County, CO
ACCESS EASENIENTAGREEMENT
TIES ACCESS EASFMENT AGREEMENT(hereinafter-referred to as i"Agreement'' is
made thig . k:w'1z4 1,, by and between TYLER' SLIM and BRUTNEY
JOLLY, hose - address is 62 695 WCR.105, Grover, CO 2 72 =hereinaf-ter :referred to as
"Grantors," and WELD COUNTY, COLORADO, by and through the Board of County
Com fssipners. of Weld. County, whose address is PD. Box 758, 1150 0 Street, Greeley, Cos
80632, hereinafter referred to as "Grantee."
W rNE ETH:
WHEREAS, Grantors -is the owner of the prop desenled as the NI of the NE4 of
Section. 22, To ship 11 North, Range 60 West of the 6 P.M., Weld County, Colorado, being
hereinafter referred to as the "Jolly Property," and
WHEREAS, Grantee is the owner of the property described as Lot A of -4715 in
cation 21, Township 11 North, Range 60 West of the 6th RiNsi., Weld CCounty, Colorado, being
hereinafter referred toes the ' Dunty Prope ,".and
WHEREAS, Grantee plans\to demolish: a current communications feweriandigibuild fa new
communications tower on County Property, and
WHEREAS, Great is now in -need of obtaining from Grantors an, easement en a two -
track read extending east and: west across:ht JollyJollyProp r , toprovide4acceato:the County
Prop from Weld County Road ("WCR!') 101„ and
WHEAS, through this Agreement; Grantors agrees to provide such access easement to
Grantee, pursuant to the terms set forth herein.
NOW; MERU RE,Sorigadrin consideration of the sum of Ten Dollar s r(. i t. 0
hand by 'Grantee IO Grantors, and for other good aid valuable zonsideratioh, -the receipt and
sufficiency of which are hereby .acknowledged, the parties hereto do herebry agree and,kcovenant
as follows:
l , Grantors do hereby grant, sell, convey, assign and set over to Grantee an irrevocable
access easement, appurtenant to and running with the land and binding and inuring to
the benefit of the pie to this _Agreement, their successor's or assigns,: for ingress:
and ogressita the County Property on a two track road extending east and west across
the Idly Property from..Weld Weld County Rooki ("") 105. The access easement.
granted herein is hereinafter reforred toass the "amity Access Euemenct"
2. The County Access Easement shall be used by Grantee give construction and
maintenance crews access to a communications tower located on the County
Property. ?!Cirrantee .intends to }4emoL th the./current tower kmatotion they ourity
'Property and builda new totter' m its place. (After construction ofthe tower, traffic on
I
4350978 11/08/2017 01:14 PM
Paget of
the County Access Easement shall be limited to occasional maintenance or placement
of communications equipment on the tower.
_t -Granteelagreos to ,a :tain the County ACCOSE Easemont in an adequate sttof
tleanlinessrand rep iirs:fat the castandcexpense of the ;Grantee.
4. Any breath cif this Agreement si-hail give file to The nor *reaalitIn patty's Eight to
bring an action against the breaching party for injunctive or other equitable relief
and/or damages. In the event of such action, the prevailing party shall be entitled to
tecolver ha r criab o attorney's; imaftorri the tither Patty.
5. The cements,,, restrictions; benefits and obligations -set forth iii thisAgreemc nt than,
create easementsaestrittions, benefits and servitudes uponyteJ iy Prop y1
running with the land, which shall be perpetual.
6. This Agreement shall create privity of contact and estate with and among the parties
'h t&iand:afliganth , fiatt:orl parte the: killy Pr a,'�■1��.'j_'�*('sand the tray
Property, theiresuctessorstnd assigns.
7. This Agreernentishall be bind upon rantoe;and Grantors, their successor ssor nd
assigns.
IN WITNESS WHEREOF,1the parties hereto have executed this Agreement on the date
set forth above.
tUtANTOR:
Ty lay
ae 'mar c
State of 4),
Couniy f • Aril )
SS
ACKNOWLEDGED' before me this;11 day of -) ' C , 31W i by Tyler Jolly,
Grantor.
HESS m. hand andeofficiid;
& utcTW' S Nostt}t3V P l
I,T1/4
�rcviii.rpY F ^ I
If
1 I Liam�,, F
60 I Mire
.n 4tilf
1 •1 •1 J . LtnJi �}� Pi! ir'�. 'a1
.
!t'. i ii. •
tome'' —t of ° 4'i#1" `!t• '1+. le`
My Commission Expires: k.c.4
NI at" • SrSnit rreI ;:r r— I
Notary Public
4350978 8 11/08/2017 01:14 PM
Page 3 of
GRANTOR:
Britineyist 'Tic)
Jay
State ofeedentle )
L.,:pare4-•,;(tiN,4 4 SS
County of Weld
CKJ �]T! 7 M 4of tpvie (810, e'er$*] �{.+by Brit
Jolly, Grantor,
wrrNEss in hand and official .
talUtist4ifiri,CWAS
covskrnP OF
t; 'te4t i P1 JO:
R"a1T wy9. )-11
1110104UNG
YJ r� w•� , ... t . y,
A •ilkYl 1 Y.Y�a"Y".li N F: , W r ;' + I'F r! 1str.i r'4 r'! 11�
My Commission
GRANTEE:
ATTEST:
Weld County Clerk to the
{
f
I
i
J
ktz)y' 4r �R
I
"C.
I'3okacy Public
AID OF COUNTY COMMISSIONERS
eputy Clerk to the Board ie A. Cozad, Chair
APPENDICES REFERENCED IN THE NEPA REPORT ARE AVAILBLE UPON REQUEST
Communications Tower NEPA Review
Grover Tower
1.15 Miles west of CR 125/CR105 Intersection
Grover, Weld, Colorado
April 2, 2019
Terracon Project No. 25177554
Prepared for:
Communication Infrastructure Corporation
Austin, Texas
Prepared by:
Terracon Consultants, Inc.
Wheat Ridge, Colorado
Offices Nationwide
Employee -Owned
Established in 1965
terracon.com
11±:n
Geotec - nical
Environmental
Construction Materials ! Facilities
NEPA REVIEW
Grover Tower L i Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
TABLE OF CONTENTS
lierracon
Page No.
CHECKLIST SUMMARY/ SHPO CONCURRENCE LETTER i
1.0 NEPA REVIEW SCOPE OF SERVICES 'I
1 1 Introduction 1
1.2 Background and Purpose1
1.3 Standard of Care .....2
1.4 Additional Scope Considerations and Limitations 2
1.5 Reliance 2
2.0 NEPA REVIEW 3
2.1 Site Location and Description 3
2.2 Project Description3
2.3 NEPA Review Items 3
2.3.1 Wilderness Areas 3
2.3.2 Wildlife Preserves ............... 4
2.3.3 Protected Species .. 4
2.3.4 Archaeological and Historical Resources 5
2.3.5 Indian Religious Sites 5
2.3.6 Floodplains 6
2.3.7 Surface Features ...6
2.3,8 High Intensity White Lights 7
2.3.9 Radio Frequency Radiation 7
3.0 CONCLUSIONS 8
4.0 QUALIFICATIONS OF PERSONNEL 8
5.0 REPORT SIGN -OFF .............. 9
NEPA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDICES
Maps, Diagrams, and Plans
Topographic Map
Site Diagram/Plans
DCI National Atlas Map
Indian Reservations Map
Wildern ess. net Map
Wildlife Preserve Map
Flood Maps/AFR Certification
Wetlands Map
Soil Survey Map or Documentation
Site Photographs
lierracon
Protected Species — Supporting Documentation
USFWS Correspondence — Species Evaluations
State Agency Correspondence — Species Evaluation (as applicable
and/or required)
Form 620 Section 106 — SHP° Documentation and Correspondence
SHPO Submittal Cover Letter (as applicable and/or required)
Form 620 (without attachments)
Form 620 Attachments
Resume of Principal Investigator(s)
Site Maps, Diagrams, or Plans
TONS Notice of Organizations (NOO)
Local Governments and Public Notifications
Cultural Resource Evaluation and Documentation
SHPO Reply and/or Concurrence Documentation
Tribal Coordination/Notification
Tribal Coordination — Summary Table
Tribal Replies — Coordination Close-out Documentation
Te rra co n Tribal Coordination Certification letter
Resumes of Project Personnel
N
NEPA REVIEW
Grover Tower a Grover, Colorado
April 2, 2019 u Terracon Project No. 25177554
lierracon
CHECKLIST SUMMARY I SHPO CONCURRENCE LETTER
Site Type:
New Tower
Tower Collocation
Other Collocation
■
•
Site Name/Number:
Grover Tower
Site Address:
1.15 miles west of CR 125/CR105
Intersection
Coordinates (NAD 83):
40r° 54' 46.97.' N
104' 05' 23.83" W
Project Description: Communication Infrastructure Corporation is proposing to build a self-support lattice tower at
the overall height of 285 feet with an associated approximately 3,720 sq. feet lease area. Ground disturbance is
required at this site.
NEPA Review Facility Types
Check appropriate box(es) below
No Adverse Effect
Potential
Adverse Effect
Excluded from
NEPA Review'
Facilities
located
in an officially designated
wilderness
area
•
Facilities
located
in an officially
designated
wildlife
preserve
Facilities
species
or
that
designated
affect
listed
or
critical
proposed
habitats
threatened
or endangered
E
•
❑
Facilities
significant
engineering
National
that affect
in American
or culture,
Register
districts,
of
Historic
history,
that
sites,
are
Places
listed,
architecture,
buildings,
or
eligible
structures
archeology,
for listing,
or objects
in the
N
❑
❑
Facilities that
significance
affect
See
Note
an Indian
2
religious
site or site
with
cultural
►
❑
t
Facilities
located
in a flood
plain
Facilities whose
surface features
construction
(e.g. wetland
will
fill,
involve
water
significant
diversion
or
change
deforestation)
in
Li
U
❑
Towers
white
lights
or structures
in residential
that
are
neighborhoods
to
be
equipped
with
high
intensity
0
❑
Nationwide Programmatic Agreement for the Collocation of Wireless Antennas - 47 CFR Part 1, Appendix A, and the Nationwide Programmatic
Agreement - 47 CFR Part 1, Appendix C provide for exclusions to the NEPA Review process for actions meeting specific exclusion criteria .
Note 2: See Section 2.3.5 and Note 2 below.
FINDINGS: A NEPA Review of the proposed action described above was performed by Terracon consistent with FCC guidelines
for implementing NEPA (47 CFR 1.1301 to 1.1307) and industry practice. Based on Terracon's consideration of information
obtained during this review (including information from the site visit, stakeholder and agency consultation, readily available
published lists, files, and maps, and surveys or evaluations as discussed in the text of the report), the proposed action will not
require the preparation and filing of an Environmental Assessment (EA) . The NEPA review must be read in its entirety to obtain
a full understanding of potential issues or concerns that may be associated with the proposed undertaking.
Signature:
Title: Staff Biologist
Printed Name: Tyler Wor r `" Date: April 2, 2019
Responsive 4 Resourceful Reliable
NEPA REVIEW
Grover Tower L 1 Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
lierracon
Responsive • Resourceful • Reliable ii
OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION
Tyler Worley
Terracon Consultants, Inc.
10625 W I-70 Frontage Rd N, Ste. 3
Wheat Ridge, Colorado 80033
AUG 2 7 2018
Re: Grover Tower, 1.15 miles West of CR125/CR 105 Intersection, Grover, Weld County, Colorado
(HC#74812)
Dear Mr. Worley:
Thank you for your correspondence dated August 21, 2018 and received by our office on August 22, 2018
regarding the review of the above referenced project under Section 106 of the National Historic Preservation
Act.
Following review of the documentation provided, we note that the proposed Grover Tower is located in
Section 21, Township 11 North, Range 60 West in Weld County, Colorado. The proposed tower footprint is
adjacent to an existing tower and within an archaeological site (5WL.7226),
Site 5WL.7226 is recommended as needs data before the site's eligibility for• listing on the National Register
of Historic Places (NRHP) can be determined. The proposed Grover Tower is located within 5WL.7226, and
the site has previously been adversely affected by construction of the existing tower, Surveyors noted that the
site extends outside of the boundaries surveyed and only recorded the portions of the site within the triangular
parcel fence line. Seven shovel probes were placed within the footprint for the Grover Tower; six were
negative for cultural material and one contained one chert tertiary flake between 60 and 70 cm below ground
surface. We concur that additional data is needed before an accurate determination of eligibility can be made
for site 5WL.7226.
The recommended effect finding for this project is no adverse effect to historic properties [36 CFR
800.5(d)(l)], however we feel that this finding may not be appropriate without additional testing. As this site
needs additional data in order to make an eligibility determination, there may be adverse effects of
construction, use, and continued maintenance of the Grover Tower. An adverse effect includes the
diminishment of the qualifying characteristics of a property for inclusion in the NRHP and this would include
removing information important for making an eligibility determination. While Metcalfe Archaeological
Consultants, inc. recommended the area of the tower footprint as a non -supporting element of the site, we feel
that additional testing within and adjacent to the stone circles is warranted in addition to the archaeological
monitor(s) recommended during construction. As the historic nature of the site surface has been heavily
affected by the existing tower, the cumulative effect of continued use of the site for telecommunications may
constitute an additional reasonably foreseeable adverse effect to site 5WL.7226.
Thank you for the opportunity to comment. If we may be of further assistance, please contact Lindsay
Johansson, Section 106 Compliance Manager, at (303) 866-4678 or lindsay.johansson(itstate.co.us.
Sincerely,
L-14)
teve "Tyner, `A IA
State Historic Preservation Officer
OFFICE O►F ARCHAEOLOGY AND HISTORIC PRESERVATION
303.866.3392 - Fax: 303,866271i - E -nail: uahp Jstate.co.us - Wehsirc: www.hisiorycolQrado.org
COLORADO HISTORICAL SOCIETY
COMMUNICATIONS TOWER NEPA REVIEW
GROVER TOWER
1.15 MILES WEST OF CR125/CRI05 INTERSECTION
GROVER, WELD, COLORADO
Terracon Project No. 25177554
April 2, 2019
1.0 NEPA REVIEW SCOPE OF SERVICES
1.1 Introduction
The National Environmental Policy Act (NEPA) requires all Federal agencies to implement
procedures to make environmental consideration a necessary part of an agency's decision -
making process. As a licensing agency, the FCC complies with NEPA by requiring FCC licensees
and applicants to review their proposed actions for environmental consequences. FCC rules
implementing NEPA are found at Title 47 of the code of Federal Regulations, Part 1, subpart I,
rule sections 1.1301 to 1.1319. If a licensee's proposed action falls within one of the categories
listed in section 1.1307, section 1.1308(a) requires the licensee to consider the potential
environmental effects from its construction of antenna facilities or structures, and in specified
situations, disclose those effects to the FCC in an environmental assessment (EA).
In addition, section 106 of the National Historic Preservation Act of 1966, as codified at 36 CFR
Part 800, regulates assessment of cultural resources for all federal undertakings. The Nationwide
Programmatic Agreement for the collocation of Wireless Antennas (47 CFR Part 1, Appendix B)
and the Nationwide Programmatic Agreement Regarding the Section 106 National Historic
Preservation Act Review Process (47 CFR Part 1, Appendix C) further stipulate the review
process for cultural resources and amend 47 CFR, Part 1, Subpart I, rule section 1.1307(a)(4).
1.2 Background and Purpose
Terracon Consultants, Inc. (Terracon) conducted this NEPA Review for Communication
Infrastructure Corporation (client) pursuant to 47 CFR 1.1301-1.1319, as amended. The report
includes the evaluation of project impacts to prehistoric and historic resources (archaeological
sites, historic structures, and Indian religious sites), threatened or endangered species (protected
listed, candidate, and critical habitat), migratory birds, wilderness areas, wildlife preserves,
floodplains, surface features (wetlands, water bodies and forested land), and the effects of white
lighting in residential neighborhoods.
The FCC rules and regulations also address project impacts to humans from radiofrequency
radiation, which will be evaluated by the client and are not part of Terracon's scope of work.
Responsive • Resourceful • Reliable 1
NEPA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
lierracon
This NEPA Review has been completed based upon client -provided site information, the review
of readily available information obtained from commercial services, government agencies, and/or
other sources as described herein. Throughout this report, the term "the site" will be used to refer
to the proposed site location and associated facilities.
This NEPA Review identifies whether a proposed facility will require the preparation and filing of
an Environmental Assessment (EA) in accordance with FCC rules and regulations.
1.3 Standard of Care
This NEPA Review was performed in accordance with generally accepted practices of this
profession, undertaken in similar studies at the same time and in the same geographical area.
We have endeavored to meet this standard of care, but may be limited by conditions encountered
during performance, a client -driven scope of work, or inability to review information not received
by the report date. Where appropriate, these limitations are discussed in the text of the report
along with their significance with respect to our findings.
1.4 Additional Scope Considerations and Limitations
This NEPA Review is based upon the application of scientific principles and professional judgment
to certain facts with resultant subjective interpretations. Professional judgments expressed herein
are based on the facts currently available within the limits of the existing data, scope of work,
budget and schedule. Terracon makes no warranties, expressed or implied, including, without
limitation, warranties as to merchantability or fitness for a particular purpose. In addition, the
information provided to the client in this report is not to be construed as legal advice.
This report represents our service to you as of the report date and constitutes our final document;
its text may not be altered after final issuance. Findings in this report are based upon the nature
of the client's proposed action, client -provided project descriptions and plans, site information
derived from the most recent reconnaissance and from other activities described herein. Should
any of this information materially change, the requirement for further evaluation must be
considered.
1.5 Reliance
This NEPA Review is prepared for the exclusive use and reliance of the Client. Use or reliance
by any other party is prohibited without the written authorization of the client and Terracon.
Reliance on the NEPA Review by the client and all authorized parties will be subject to the terms,
conditions and limitations stated in the proposal, NEPA Review, and Terracon's Agreement for
Services. The limitation of liability defined in the Agreement for services is the aggregate limit of
Terracon's liability to the client and all relying parties.
Responsive • Resourceful • Reliable 2
NEPA REVIEW
Grover Tower ® Grover, Colorado
April 2, 2019 ® Terracon Project No. 25177554
2.0 NEPA REVIEW
2.1 Site Location and Description
lierracon
Site Name:
Grover Tower
Terracon Project Number:
25177554
Address:
1.15
miles west
of CR125/CR10S
intersection
City, County, State:
Grover, Weld County,
Colorado 80729
Lat/Long:
40° 54' 46.97" N / 104°
05' 23.83" W
Section/Township/Range:
Section
21,
Township
11N,
Range 60W
Proposed Lease Area:
3,720 Sq.
feet
Proposed
Access Road:
Existing
Proposed
Utility
Existing
Easement:
Proposed
Tower Height:
28 feet
Tower Type:
Self -Support
(Lattice
Tower)
TCNS Number:
170011
1
0.75 -mile (200-399')
Visual Effects APE:
A site topographic map and site plans are presented in Appendix A. On June 5, 2018, Jennifer
Borresen Lee of Metcalf Archaeological Consultants, Inc., on behalf of Terracon, conducted a site
visit. Site photographs obtained during the site visit are provided in Appendix B. Additional project
personnel may have performed site visits, as needed to address site -specific NEPA
considerations. Additional site visits, if performed, are detailed in the appended documentation.
2.2 Project Description
This Client's proposed project involves the construction of a 285 self-supporting
telecommunications tower with associated equipment and utilities.
2.3 NEPA► Review Items
2.3.1 Wilderness Areas
Will the facility► be located in an officially designated wilderness area?
No
Source: Site observations, U.S. Geological Survey (USGS) 7.5 -Minute Series Topographic
Quadrangle, U.S. Department of Interior (DO!) National Atlas (www.nationalatlas.gov) and
www. wilder ess. net. Applicable source documentation is included in Appendix A.
Responsive ® Resourceful ■ Reliable 3
NEPA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
lierracon
Finding(s): The proposed facility is not located in an officially designated wilderness area and
will not cause an adverse effect related to this facility type.
2.3.2 Wildlife Preserves
Will the facility be located in an officially designated wildlife preserve?
No
Source: Site observations, U.S. Geological Survey (USGS) 7.5 -Minute Series Topographic
Quadrangle, U.S. Department of Interior (DO!) National Atlas (www.nationalatlasgov1 and U.S.
Fish and Wildlife Service (USFWS) lnlernet references. Applicable source documentation is
included in Appendix A.
Finding(s): The proposed facility is not located in an officially designated wildlife preserve and
will not cause an adverse effect related to this facility type.
2.3.3 Protected Species
Will the facility adversely affect listed or proposed, threatened or endangered species or
designated critical habitats?
No
Source: Site observations and consultation with the U.S. Fish and Wildlife Service (' F ) and
state agency (as applicable and/or required). Applicable source documentation is included in
Appendix C.
Finding(s): There are no federally listed threatened or endangered species or critical habitat at
the site that would be adversely affected by the proposed project.
Migratory Birds: USFWS recommendations published in Interim Guidelines for
Recommendations on Communication Tower Siting, Construction, Operation, and
Decommissioning (logo) state the preferred tower design to decrease potential effects on
migratory birds is less than 200 feet tall, with no guys and no lights. Design parameters for this
project includes the following mitigating factors; the tower is being constructed in an already
developed facility, consideration of collocation, and tower siting with existing towers or in
minimally sensitive areas, if the tower has lighting it will have minimal lighting consistent with FAA
requirements.
Responsive • Resourceful • Reliable 4
NEPA REVIEW
Grover Tower Grover; Colorado
April 2, 2019 Terracon Project No. 25177554
2.3.4 Archaeological and Historical Resources
lierracor
Will the facility adversely 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 National Register of Historic Places?
No
Source: Review of State Historic Preservation Office (SHPO) files and/or Internet resources,
archaeological surveying, public involvement, and Local Government and SHPO consultation.
Applicable source documentation is included in Appendix D.
Finding(s): Based on the information provided, this project will not adversely affect any sites,
structures or objects listed on, or determined eligible for listing on the National Register of Historic
Places.
Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations,
"Protection of Historic Properties" (36 CFR Part 800) and the Nationwide Programmatic
Agreement on the Collocation of Wireless Antennas (adopted March 16, 2001), as well as and
the Nationwide Programmatic Agreement effective March 7, 2005, require consultation with
Native American tribal groups and native Hawaiian organizations (NHO) regarding proposed
projects and potential impacts to Native American religious sites. Terracon's consideration of
Native American resources is discussed in Section 2.3.5.
In the event that archaeological materials are encountered prior to or during construction of the
facilities, SHPO, tribes and other consulting parties must be contacted. Archaeological materials
consist of any items, fifty years or older, which were made or used by man. These items include
stone projectile points (arrowheads), ceramic shards, bricks, worked wood, bone and stone, metal
and glass objects, and human skeletal remains. These materials may be present on the ground
surface and/or under the ground.
2.3.5 Indian Religious Sites
Will the facility adversely affect Indian religious sites?
No
Source: Site observations and archaeological field surveys (as applicable), U.S. Geological
Survey (USGS) 7.5 -Minute Series Topographic Quadrangle, U.S. Department of Interior (DO!)
National Atlas 'ww.nationalatlas.govv, Indian Reservations in the Continental United States -
Bureau of Indian Affairs Map, and consultation with federally recognized tribes using the FCC's
Tower Construction Notification System (TCNS. Applicable source documentation is included in
the appendices.
Responsive • Resourceful • Reliable 5
NEPA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
lierracon
Finding(s): Based on the results of the cultural studies completed for this undertaking and
evaluation of surrounding areas for cultural and religious sites, there is a low probability for
adverse effects to Indian Religious sites. It was determined through this review and tribal
consultation, as outlined in the NPA, that the project will not adversely affect this NEPA item.
The Northern Cheyenne responded with a "FINDING OF NO EFFECT" in part with "Due to
the extensive amount of cultural resources, Traditional Cultural Surveyors (TCS) should
be on site when ground disturbance activities begin (See complete correspondence
attached in Appendix E).
The Pawnee Nation of Oklahoma responded in part with "you may proceed with your
proposed project with the stipulations that construction fencing be placed between the
work/staging area and the previously documented archaeological features as well as the
archaeological features discovered during our site inspection, and that there will be a
cultural monitor from the Pawnee Nation Office of Historical Preservation, or a cultural
monitor designated by letter from the Pawnee Nation Office of Historical Preservation, on
site during construction." (See complete correspondence attached in Appendix E).
2.3.6 Floodplains
Will the facility be located in a 100 -year floodplain?
No
Source: Site observations, U.S. Geological Survey (USGS) 7.5 -Minute Series Topographic
Quadrangle, Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map
(FIRM), American Flood Research, Inc. (AFR) Standard Flood Hazard Determination Form
(FHDF), and County and/or City records. Applicable source documentation is included in
Appendix A
Finding(s): No 100 -year flood hazards are identified for the proposed site and the above project
will not adversely affect a flood plain.
2.3.7 Surface Features
Will construction of the facility involve a significant change in surface features (e.g. wetland fill,
water diversion, or deforestation)?
No
Responsive • Resourceful • Reliable 6
NEPA PA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
lierracon
Source: Site observations, U.S. Geological Survey (USGS) 7.5 -Minute Series Topographic
Quadrangle, Natural Resources Conservation Service ('NR'S) Soil Survey and U.S. Fish and
Wildlife Service (USFWS) National Wetland Inventory (N I) map. Applicable source
documentation is included in Appendix A.
Finding(s): Due to the scope of the proposed project activities, the current site conditions and
review of applicable source data, significant changes in surface features such as wetland fill,
water diversion or deforestation will not be required at the site and the proposed project will not
adversely affect these features.
2.3.8 High Intensity White Lights
Will the antenna, tower, and/or supporting structure be equipped with high intensity white lights
which are to be located in residential neighborhoods, as defined in applicable zoning laws?
No
Source: Client provided site plans and/or FAA Hazard Determination documentation, site
observations, J.S. Geological Survey (USGS) 7.5 -Minute Series Topographic Quadrangle, and
county and/or city records. Applicable source documentation is included in Appendix A.
Finding(s): The design of the project does not require the use of high intensity white lights and
the proposed project will not cause an adverse effect due to this feature.
2.3.9 Radio Frequency Radiation
The FCC requires that certain communications services and devices perform an environmental
evaluation to assess compliance with radio frequency (RF) radiation exposure limits. The
evaluation of RF exposure radiation limits will be the responsibility of the carrier and is not within
Terracon's scope of work.
Responsive • Resourceful • Reliable 7
NEPA REVIEW
Grover Tower Grover, Colorado
April 2, 2019 Terracon Project No. 25177554
3.0 CONCLUSIONS
lierracon
A NEPA Review of the proposed action (as described in Sections 2.1 and 2.2) was performed by
Terracon consistent with FCC guidelines for implementing NEPA (47 CFR 1.1301 to 1.1307) and
industry practice. Based on Terracon's consideration of information obtained during this review
(including information from the site visit, stakeholder and agency consultation, readily available
published lists, files, and maps, and surveys or evaluations as discussed in the text of the report),
the proposed action will not require the preparation and filing of an Environmental Assessment
(EA).
The Northern Cheyenne responded with a "FINDING OF NO EFFECT" in part with "Due to
the extensive amount of cultural resources, Traditional Cultural Surveyors (TCS) should
be on site when ground disturbance activities begin (See complete correspondence
attached in Appendix E).
The Pawnee Nation of Oklahoma responded in part with "you may proceed with your
proposed project with the stipulations that construction fencing be placed between the
work/staging area and the previously documented archaeological features as well as the
archaeological features discovered during our site inspection, and that there will be a
cultural monitor from the Pawnee Nation Office of Historical Preservation, or a cultural
monitor designated by letter from the Pawnee Nation Office of Historical Preservation, on
site during construction." (See complete correspondence attached in Appendix E).
Responsive • Resourceful • Reliable 8
NEPA REVIEW
Grover Tower ki Grover, Colorado
April 2, 2019 II Terracori Project No. 25177554
4.0 QUALIFICATIONS OF PERSONNEL
lierracon
The professional qualifications of project personnel are listed below. Resumes of project personal
are presented in Appendix F.
Name
Discipline
Jennifer Borresen
Lee.
Principal
Investigator
Dante
Knapp
Principal
Geoarchaeologist
Cody
M.
Anderson
Principal
Investigator
Elizabeth
B.
Newcomb
Archaeologist
Craig S.
Pruett
Quality
Assurance
5.0 REPORT SIGN -OFF
Terracon Consultants, Inc.
rg„
Tyle } orley
St .4 . ologi
Responsive a Resourceful ® Reliable
Craig S. Pruett
Principal
9
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 08/19/2019
Walter Leslie
Weld County
1551 N 17th Ave
Suite 2
Greeley, CO 80631
*,E• Extension
.,..,.
A et
Aeronautical Study No.
2017-ANM-5315-oE
A Determination was issued by the Federal Aviation Administration (FAA) concerning.
Structure:
Location:
Latitude:
Longitude:
Heights:
Antenna Tower Grover Tower
Grover, CO
40-54-46.97N NAD 83
104-05-23.83W
5565 feet site elevation (SE)
300 feet above ground level (AGL)
5865 feet above mean sea level (AMSL)
In response to your request for an extension of the effective period of the determination, the FAA has reviewed
the aeronautical study in light of current aeronautical operations in the area of the structure and finds that no
significant aeronautical changes have occurred which would alter the determination issued for this structure.
Accordingly, pursuant to the authority delegated to me, the effective period of the determination issued under
the above cited aeronautical study number is hereby extended and will expire on 02/19/2021 unless otherwise
extended, revised, or terminated by this office. You must adhere to all conditions identified in the original
determination.
This extension issued in accordance with 49 U.S.C., Section 44718 and, if applicable, Title 14 of the Code
of Federal Regulations, part 77, concerns the effect of the 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 extension 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 (424) 405-7641, or tameria.burch@faa.gov..
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 20 1 7-
ANM-5315-OE.
Page 1 of 2
Signature Control No: 350141883-414767320
Talneria Burch
Technician
cc: FCC
(EXT)
Page 2 of 2
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwoo d Parkway
Fort Worth, TX 76177
Issued Date: 01/25/2018
Walter Leslie
Weld County
1551 N 17th Ave
Suite 2
Greeley, CO 80631
Aeronautical Study No.
20' 17-ANM-5315-OE
** 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 Grover Tower
Location: Grover, CO
Latitude: 40-54-46.97N NAD 83
Longitude: 104-05-23.83W
Heights: 5565 feet site elevation (SE)
300 feet above ground level (AGL)
5865 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:
As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory
circular 70/7460-1 L Change 1, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8(M -
Dual), 12.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e -filed any time the
project is abandoned or:
At least. 10 days prior to startof construction (7460-2, Part 1)
Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
This determination expires on 07/25/2019 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
Page 1 of 6
(c) 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 E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination does not constitute authority to transmit on the frequency(ies) identified in this study.
The proponent is required to obtain a formal frequency transmit license from the Federal Communications
Commission (FCC) or National Telecommunications and Information Administration (NT1A), prior to on -air
operations of these frequency(ies).
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, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best
Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure.
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 (907) 271-5491, or Gayle.Ellsworth@faa.gov.
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2017-
ANM-5315-OE.
Signature Control No: 350141883-354321545
Gayle Ellsworth
Technician
Attachment( s)
Frequency Data
Map(s)
(DNE)
Page 2 of 6
cc: FCC
Page 3 of6
Frequency Data for ASN 2017-ANM-5315-OE
LOW HIGH FREQUENCY
FREQUENCY FREQUENCY UNIT
ERP
ERP
UNIT
G 7
851 866
GHz
MHz
42
500
dBW
w
Page 4 of 6
TOPO Map for ASN 2017- N -5315-OE
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Sectional Map for ASN 2017-A TM -5315 -OE
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Page 6 of6
I c
COLORADO
December 11, 2007
Penny Everitt
746 27th Avenue
Greeley, CO 80634
Dear Mrs. Everitt:
DEPARTMENT OF PLANNING SERVICES
918 10th Street
Greeley, CO 80631
WEBSITE: ww,co.weld.co.us
E-MAIL: rcaruso@co.weld.o.us
PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
This letter is to inform you that the Department of Planning Services has determined that
the existing (USE) existed prior to the adoption of the Weld County Zoning Ordinance on
August 31, 1972. Therefore, this use is a non -conforming use. Non -conforming use
number 474 has been assigned to this property. Please retain this number for further
reference.
If you have any further questions. You can contact me at the above address or call (970)
353-6100 ext 3540.
Sincerely,
Roger Caruso
Planner
NON-00NF0RMIN
USE
FACT SHEET
COLORADO
CASE FILE: NCU-474
U-474
NAME : Penny Everitt
ADDRESS: 746 27th Avenue, Greeley, Co 80634
LEGAL DESCRIPTION: Lot A of ICE -4715; Part of the NW4 of Section 21, T1 -1N,
R6OW of the 6th P.M., Weld County, Co.
PARCEL NUMBER: 0215 21 100003
LOCATION:
PLANNER: Roger Caruso
West of and adjacent to County Road 103 (section line)
and south of and adjacent to County Road 126 (section
line)
USE OF THE PROPERTY: Antenna Tower (communication - private)
CURRENT ZONING: Agriculture
APPROPRIATE DATE FOR NON -CONFORMING USE: 1955
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631 - Phone (970)353-6100, Ext. 3540; Fax (970)304-6498
NONCONFORMING STRUCTURE INFORMATION QUESTIONNAIRE
IMPORTANT
- Complete
all
items
on both
pages_
Mark
boxes where
applicable.
OWNER
T-7
i
% r4e
fiSt
-�i
ADDRESS
Lat,
--
STATE
ZIP
CODE
.
CITY,
r
_
LEGAL
DESCRIPTION
- ki Hi q Section
Township
II N,
Range W
Total
Acreage of
property
t n Total
Acreage of
proposed
NCU
I I. t O +A --
PARCEL
IDENTIFICATION
NUMBER
0 2I 5 2,1
I O 03,
Specifically-rbu.�t-� 1/4„0c -re, tar cL.m.��lct,� s
OFe-e*„ a1/4,
Date Nonconforming Structure was built?
List the attached documentation substantiating the date:
(explain):
The following conditions must be met prior to determining a Structure as being considered a Nonconforming.
I, the undersigned, understand and agree to the following conditions of this Nonconforming Structure as stated
in the Weld County Code, Chapter 23, Article VII(7), Section 23-7-40:
PLEASE READ AND INITIAL EACH ITEM:
Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the
ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter
by reason of restrictions on area, LOT coverage, height, its location on the LOT or other requirements
concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise
lawful, subject to the following provisions:
Repair and Restoration.
1t..- I verify that should such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE be
destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time
of destruction, it shall not be restored except in conformance with the provisions of Chapter 23 of the
Weld County Code. Ordinary repairs the value of which do not exceed fifty percent (50%) of
replacement cost of the STRUCTURE may be permitted.
Expansion or enlargement.
,ter A- I verify that no such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE will be
9
expanded, enlarged or altered in a way which increases its nonconformity, except that those
STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK
requirements may be expanded or enlarged so long es such expansion or enlargement does not
further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall
be allowed within an existing right-of-way,
Substitution ..
I verify that should such nonconforming STRUCTURE be moved for any reason, for any distance
whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after
it is moved.
Existing Building Permits.
NIA
To avoid undue hardship, nothing in Chapter 23 of the Weld County Code shall be deemed to require
a change in the plans or construction of any STRUCTURE on which actual construction was lawfully
begun prior to the effective date of adoption of the ordinance codified herein or amendment of Chapter
23 and upon which actual construction has been carried on diligently. Actual construction is hereby
defined to include the placing of construction materials in permanent position and fastened in a
permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun
preparatory to construction, such excavation, demolition or removal shall be deemed to be actual
construction, provided that a building permit for the new STRUCTURE has been issued and the
preparatory work is carried on diligently. (Weld County Codification Ordinance 2000-1)
Print Name:
,,
:1111();\1\)•\,. kei:
Property Address
Mailing Address. 1 Cr L ar-11 - ' Greek
4h �._ City
ic—d—
Date: H - lc\ -
SUBSCRIBED AND SWORN to before me this the
WITNESS my hand and official seal.
My Commission Expires: too:
/0
9ILLIF80RE
NOTARY PUBLIC
STATE OF COLORADn
•
(0.75
state ztp Code
day of ``niffiG06:1:
Notary Public
NO5e W. )14 Sec4o TIJ K tea
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s
C R tai
CR 10-3-sk
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