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HomeMy WebLinkAbout20140451.tiff MEMORANDUM t E� TO: Diana Aungst, Planning Services DATE: December 9, 2013 v5l`�-- - Y FROM: Donald Carroll, Engineering Administrator C C 1 N_ T Public Works Department SUBJECT: USR13-0052, Anadarko E&P Co. (Tower) The Weld County Public Works Department reviewed the submitted application for critical items, including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. A detailed review of these items was not completed at this step in process. Comments made during this stage of the review process will not be all inclusive; as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Weld County Functional Classification Map: (Revised Feb. 9, 2011 —Amended 10/2011) CR 12 has been annexed in to the Town of Erie. Access and right-of-way requirements will be determined by the Town. A right-of-way permit application with permit numbers (09-056A and 10-034) was supplied in the application packet A Road Maintenance Agreement for CR 12 was also supplied in the packet by town of Erie. REQUIREMENTS: The Tower facility will be an unmanned site; it is estimated that 1 part-time employee will be assigned to the salt water injection facility where the tower is located. During construction additional personnel will be on site until completion. Noxious Weeds: Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code. Access: The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. The applicant indicated that it has been cleared with the fire department and emergency services that the width and weight capacity of the access lane shall be adequate for emergency purposes. The applicant shall provide documentation to that effect. The access road shall be a graded and drained road to provide an all-weather access. Geological Hazard Permit: The tower site is just out of the geological hazard area. The depth of the old mine covers 150-200 feet. Fault lines are in the area. A Geological Hazard Development Permit (GHDP) application was submitted. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). C:\Users\kford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.I E5\CBJCX9TL\USR13-0052[2].docx MEMORANDUM ivEL TO: Diana Aungst, Planning Services _ ft—o_u N T y � FROM: Lauren Light, Environmental Health SUBJECT: USR13-0052 Anadarko DATE: 2/14/2014 Environmental Health Services has reviewed this proposal for a 192 foot telecommunication tower. As no employees will be located at the site, permanent water and sewer is not required. Portable toilets and hand washing units can be utilized during construction of the expansion. Bottled water is sufficient for drinking provisions during construction. We have no objections to the proposal; however, we recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. 6. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 1861 Department of Planning Services 1555 N 17`"Ave Greeley, CO 80631 c o U N T Y (970) 353-6100 Weld County Referral Date: December 2, 2013 Applicant: Anadarko E&P Company, LP Project: A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A (Agricultural) Zone District Case Number: USR13-0052 Parcel Number: 146703300054-R2241403 After reviewing the application and documents submitted the Building Department has the following comments: Building and electrical permits will be required for the 192 ft telecommunication tower and any new construction, alteration, or addition to any building on the property per Section 29-3-10 of the Weld County Code. Currently the following codes have been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code. All building permit requirements can be found on the Weld County web-site. www.co.weld.co.us/Building Inspection/Commercial Permits Frank Piacentino Department of Building Inspection __ 41061,0? Weld County Referral -----:-.0,-- _ _-L.,..„, r.,, pH _. GOUNTY November 13,2013 The Weld County Department of Planning Services has received the following item for review: Applicant:Anadarko E&P Company, LP Case Number: USR13-0052 Please Reply By: December 11,2013 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Parcel Number: 146703300054-R2241403 Legal: PT W2SW4 SECTION 3, T1 N, R68W LOT A SUB EXEMPT SE-956 of the 6th P.M.,Weld County,Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: outside comp plan area H We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Chris Kennedy Date 11/14/2013 Agency Town of Frederick Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Diana Aungst Subject: FW: Weld County ReferralFW: USR13-0052 Referral From: Michael Sutherland [mailto:msutherland@broomfield.org] Sent: Monday, December 09, 2013 10:42 AM To: Kristine Ranslem Cc:John Hilgers Subject: FW: Weld County ReferralFW: USR13-0052 Referral Hello, Kristine: Thank you for the case referral to the City and County of Broomfield. The proposed tower is over two miles from Broomfield's municipal boundary,although I am certain Broomfield owns property within the notice boundary for the project. Broomfield is concerned about the proposed 192-foot tower with required lighting and its potential visual impact as far away as the northern boundary of the City and County of Broomfield. Anything that can be done within Weld County regulatory authority to reduce the height of the proposed tower to the minimum height absolutely necessary or reduce visual impacts would be greatly appreciated. If you have any questions about these comments, please let me know. My virus software would not allow me to download the comments form,please let me know if you need the official form to record these comments. Thank you, Michael Sutherland,AICP Broomfield Planning 303.464.5869 1 Submit by Einall[fi w is Weld County Referral ceuNTY November 13,2013 The Weld County Department of Planning Services has received the following item for review:. Applicant:Anadarko E&P Company,LP Case Number: USR13-0052 Please Reply By: December 11,2013 Planner. Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Parcel Number: 146703300054-R2241403 Legal: PT W2SW4 SECTION 3, TIN, R68W LOT A SUB EXEMPT SE-956 of the 6th P.M.,Weld County,Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: E We have reviewed the request and find no conflicts with our interests. See attached letter. Signature David P. Puccetti COpi Date November 19,2013 Agency Frederick-Firestone Fire Protection District Weld County Planning Dept. 1555 N 17th Ave.Greeley,CO.00631 (970)353-6100 ext.3540 (970)304-6498 fax FREDERICK-FIRESTONE 6 Fire Prevention Division FIRE PROTECTION DISTRICT �>} Office: (303) 833-2742 f � y" Fax: (303) 833-3736 E-Mail: dpuccetti@fffd.us OVEIQVM V4MR.IIATIO.EIEIAS. November 19,2013 Weld County Department of Planning Services 1555 N 17th Ave, Greeley,CO.80631 Diana Aungst,Planner Ms.Aungst, I have completed the review of the documents submitted for the Anadarko Tower Project located at North of and adjacent to County Road 12;East of and adjacent to County Road 7. The plan review was conducted from a fire protection prospective as directed in the 2006 International Fire Code as adopted by the Frederick-Firestone Fire Protection District in Weld County. Site Access Site access is acceptable as submitted. Site and Building Address The 2006 International Fire Code requires all buildings and project sites have proper addressing for emergency response. The information needs to be posted on-site and visible by emergency response personnel. The information needs to include the following - Site Address - Owners Name - Emergency Contact Telephones Numbers The letters and number must be 4" or larger and visible during all weather conditions, during day and night times hours. Final Site Inspection A final fire code inspection of the site will be required by the Frederick-Firestone Fire Protection District.This fire code inspection will included all the above listed information and must be completed before the final Certificate of Occupancy is issued by Weld County Building Department. If you have any questions,please contact me at 303-833-2742 x10. Thank You, David P.Puccetti Division Chief/Fire Marshal Frederick-Firestone Fire Protection District dpuccetti@fffd.us C/c: File Physical:8426 Kosmerl Place,Frederick,CO 80504,Mailing:P.O.Box 129,Frederick,CO 80530;wanv.iffd.tis Diana Aungst Subject: FAA USR13-0052 Original Message From: Marsha.Hofer a@faa.gov fmailto:Marsha.Hoferefaa.gov1 Sent: Friday, November 15, 2013 10:35 AM To: Kristine Ranslem Subject: Fw: USR13-0052 Referral The FAA reviews proposals through the submittal of an FAA form 7460-1 (Notice of Proposed Construction or Alteration). The proponent has already used the notice criteria tool and the result was the proponent was not required to file. However, if the proposal emits frequencies, the proponent is required to file, as they will need an aeronautical study number(they have to file to get one) and an FAA determination to file with the FCC. Marsha Hofer Program Specialist Denver Airports District Office (303) 342-1251 (303) 342-1260 (fax) 1 be/ I.62- ir4r4 bt , ' Weld County Referral ), ti r ! I 11 n s 1i5t X14 �! r � RECEIVED i3a3,. , COUNT DEC 122013 Weld County, :.1nm-. Department GREELEY OFFICE November 13,2013 The Weld County Department of Planning Services has received the following item for review: Applicant:Anadarko E&P Company, LP Case Number: USR13-0052 Please Reply By: December 11,2013 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District Location: North of and adjacent to County Road 12;East of and adjacent to County Road 7 Parcel Number: 146703300054-R2241403 Legal: PT W2SW4 SECTION 3, TIN, R68W LOT A SUB EXEMPT SE-956 of the 6th P.M.,Weld County,Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We reviewed have the request and find no conflicts with ourinterests. See attached letter. Signature C1s e,V Qs ,rkn.tr1/4.: .r.q Date � Cl. '3 L -?O t Agency ekharl.1Jr.k\. . �� n Ati-O V15� Weld County Planning Dept 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext3540 (970)304-6498 fax Boulder Valley Conservation District 9595 Nelson Road,Box D Longmont.Colorado 80501 —Phone(303)776.4034—Fax(303)684-9893 Site Review Memo To: Boulder Valley CD Board From: Nancy McIntyre Subject: (List site name, location, Permit#, Purpose,etc.) Anadarko E&P Company, LP, Case#USR13-0052, north of and adjacent to County Road 12 and east of and adjacent to County Road 7. This is a site specific development plan to construct a 192 foot tall telecommunications tower. The tower they now use is owned by American Tower who has notified Anadarko(Kerr McGee)that they will have to vacate the tower by February 2014. Prime Farmland: The land is deemed prime if irrigated. Water Quality: N/A Noxious Weed Control: The information states that there will be native vegetation in allowed areas and will not be allowed to grow over 12" high. A weed management plan should also be adopted so that weeds will be controlled before the native vegetation grows. Soils Limitations: The information states that Anadarko will conduct dust suppression measures during construction. Other concerns: Summary comments: CONSERVATION-DEVELOPMENT -SELF GOVERNMENT RECEIVE® DEC ; 2013 ]1s]d County Planning Department GREELEY OFFICE Weld County Referral 1' rr • . r . G0 � N? The Weld County Department of Planning Services has received the following item for review: Applicant:Anadarko E&P Company, LP Case Number: USR13-0052 Please Reply By: December 11,2013 Planner: Diana Aungst Project:A Site Specific Development Plan and Use by Special Review Permit for a 192 foot tall telecommunications tower in the A(Agricultural)Zone District Location: North of and adjacent to County Road 12; East of and adjacent to County Road 7 Parcel Number: 146703300054-82241403 Legal: PT W2SW4 SECTION 3,T1 N, R68W LOT A SUB EXEMPT SE-956 of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation.Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation.Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application,please call the Planner associated with the request.Please note that new information may be added to applications under review during the review process.If you desire to examine or obtain this additional information, please call the Department of Planning Services. [] We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: [] We have reviewed the request and find no conflicts with our interests. [X] See atfac i 4e 7� Signatuf -�-'.1�n '�_ A. Date ill 0.1'13 Agency r sier .ac Nth,9 i.J [altA ` 1 � COLORADO PARKS & WILDLIFE ctt ,-.. 4207 West County Road 16E• Loveland, Colorado 80537 r �,` Phone 970-472-4460• FAX 970-472-4468 4s., 1-,' cpw.state.co.us IA. December 2,2013 Diana Aungst Weld County Department of Planning and Services 1555 N 17th Ave. Greeley, CO 80631 (970)353-6100 (970) 304-6498 fax Re. USR13-0052 Dear Ms. Aungst: Thank you for the opportunity to comment on the above proposed telecommunication tower north of and adjacent to County Road 12 and east of and adjacent to County Road 7. It should be noted that at this time there is an active bald eagle nest within a half mile of this location. Additionally,the proposed site is located where the eagles have frequently been observed utilizing the surrounding land and trees. Bald eagles are protected by the federal bald and golden eagle protection act. Any activity that results in a"take"of a bald eagle is a violation of this act. This includes causing adult eagles to abandon an active nest or causing an active nest to fail. Colorado parks and Wildlife(CPW)has guidelines and recommendations to avoid such take. They include no surface occupancy (beyond that which has historically occurred in the area) within ''A mile radius of active nests and seasonal restriction to human encroachment within 1/2 mile radius of active nests from October 15 through July 31. If construction of this tower is to proceed CPW recommends that the construction activity take place outside of this seasonal restriction and that no permanent structures be built within r/A mile radius of the nest. Consultation with US Fish and Wildlife Service is recommended as well. Communication towers themselves may have negative impacts on flying birds, including eagles. It is estimated that 4-5 million flying birds are killed each year in the United States when they collide with communication towers. With the high avian populations in the area,especially raptors and including the bald eagles, effort should be made to mitigate any possible impacts to passing or migrating birds and the eagles. The U.S. Fish and Wildlife Service has developed guidelines on communication towers in order to address these impacts. Some of the guidelines may not apply in all cases. However,a summary of a few of those guidelines are listed below: STATE OF COLORADO John W.Hidcenlooper,Governor•Mice King,Executive Director,Department of Natural Resources Bob D.Brosdreid,Director,Cobrado Parks and Widlife Parks and Wrkiife Commssion:Robed W.Bray•Chris Caspian,Secretary•Jeanne Home Bill Kane,Chair•Gaspar Penicone•James Prbyl•John Singletary Mark Smith,Vice-Chair•James Vigil•Dean Wingfield•Michelle Zimmerman Ex Officio Members:Mike King and John Salazar 1. We recommend that communication towers be installed onto existing towers or structures whenever possible. 2. New towers that are developed are recommended to be no more than 199 feet above ground level,use no guy wires,and be lighted. 3. Install daytime visual markers on guy wires, if used,to prevent collisions. 4. Design the footprint of the towers or equipment in such a way as to minimize habitat loss. • 5. Down-shield any on-ground security lighting to keep light within the boundaries of the site. Consult with the Federal Aviation Administration if lights are required for aviation safety. Lights used at night should be red or white(white is preferred)strobe lights. The minimum number,minimum intensity and minimum number of flashes per minute(longest duration between flashes), allowable by the FAA should be used. Avoid the use of solid red or pulsating red warning lights. 6. Remove towers no longer in use within 12 months of cessation of use. Attached,you will find the complete recommendations from the USFWS concerning communication towers. Please feel free to contact District Wildlife Manager Kristin Cannon at 303-291-7117 if we may be of further service. Sincerely, Larry Rogstad, Area Wildlife Manager Cc: S Yamashita,K Green, T Kroening,M Taylor, L Rogstad,K Cannon 1 In Reply Refer To: FWS/FHC/DHC/BFA Memorandum To: Regional Directors, Regions 1-7 From: Director, U. S. Fish and Wildlife Service Subject: Service Guidance on the Siting, Construction, Operation and Decommissioning of Communications Towers Construction of communications towers (including radio, television, cellular, and microwave) in the United States has been growing at an exponential rate, increasing at an estimated 6 percent to 8 percent annually. According to the Federal Communication Commission's 2000 Antenna Structure Registry, the number of lighted towers greater than 199 feet above ground level currently number over 45,000 and the total number of towers over 74,000. By 2003, all television stations must be digital, adding potentially 1,000 new towers exceeding 1,000 feet AGL. The construction of new towers creates a potentially significant impact on migratory birds, especially some 350 species of night-migrating birds. Communications towers are estimated to kill 4-5 million birds per year, which violates the spirit and the intent of the Migratory Bird Treaty Act and the Code of Federal Regulations at Part 50 designed to implement the MBTA. Some of the species affected are also protected under the Endangered Species Act and Bald and Golden Eagle Act. Service personnel may become involved in the review of proposed tower sitings and/or in the evaluation of tower impacts on migratory birds through National Environmental Policy Act review; specifically, sections 1501.6, opportunity to be a cooperating agency, and 1503.4, duty to comment on federally-licensed activities for agencies with jurisdiction by law, in this case the MBTA, or because of special expertise. Also, the National Wildlife Refuge System Improvement Act requires that any activity on Refuge lands be determined as compatible with the Refuge system mission and the Refuge purpose(s). In addition, the Service is required by the ESA to assist other Federal agencies in ensuring that any action they authorize, implement, or fund will not jeopardize the continued existence of any federally endangered or threatened species. A Communication Tower Working Group composed of government agencies, industry, academic researchers and NGO's has been formed to develop and implement a research protocol to determine the best ways to construct and operate towers to prevent bird strikes. Until the research study is completed, or until research efforts uncover significant new mitigation measures, all Service personnel involved in the 2 review of proposed tower sitings and/or the evaluation of the impacts of towers on migratory birds should use the attached interim guidelines when making recommendations to all companies, license applicants, or licensees proposing new tower sitings. These guidelines were developed by Service personnel from research conducted in several eastern, midwestern, and southern States, and have been refined through Regional review. They are based on the best information available at this time, and are the most prudent and effective measures for avoiding bird strikes at towers. We believe that they will provide significant protection for migratory birds pending completion of the Working Group's recommendations. As new information becomes available, the guidelines will be updated accordingly. Implementation of these guidelines by the communications industry is voluntary, and our recommendations must be balanced with Federal Aviation Administration requirements and local community concerns where necessary. Field offices have discretion in the use of these guidelines on a case by case basis, and may also have additional recommendations to add which are specific to their geographic area. Also attached is a Tower Site Evaluation Form which may prove useful in evaluating proposed towers and in streamlining the evaluation process. Copies may be provided to consultants or tower companies who regularly submit requests for consultation, as well as to those who submit individual requests that do not contain sufficient information to allow adequate evaluation. This form is for discretionary use, and may be modified as necessary. The Migratory Bird Treaty Act(16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. While the Act has no provision for allowing an unauthorized take, it must be recognized that some birds may be killed at structures such as communications towers even if all reasonable measures to avoid it are implemented. The Service's Division of Law Enforcement carries out its mission to protect migratory birds not only through investigations and enforcement, but also through fostering relationships with individuals and industries that proactively seek to eliminate their impacts on migratory birds. While it is not possible under the Act to absolve individuals or companies from liability if they follow these recommended guidelines, the Division of Law Enforcement and Department of Justice have used enforcement and prosecutorial discretion in the past regarding individuals or companies who have made good faith efforts to avoid the take of migratory birds. Please ensure that all field personnel involved in review of FCC licensed communications tower proposals receive copies of this memorandum. Questions regarding this issue should be directed to Dr. Benjamin N. Tuggle, Chief, Division of Habitat Conservation, at (703)358-2161, or Jon Andrew, Chief, Division of Migratory Bird Management, at (703)358-1714. These guidelines will be incorporated in a Director's Order and placed in the Fish and Wildlife Service Manual at a future date. Service Interim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning 1. Any company/applicant/licensee proposing to construct a new communications tower should be strongly encouraged to collocate the communications equipment on an existing communication tower or other structure (e.g., billboard, water tower, or building mount). Depending on tower load factors, from 6 to 10 providers may collocate on an existing tower. 2. If collocation is not feasible and a new tower or towers are to be constructed, communications service providers should be strongly encouraged to construct towers no more than 199 feet above ground level, using construction techniques which do not require guy wires (e.g., use a lattice structure, monopole, etc.). Such towers should be unlighted if Federal Aviation Administration regulations permit. 3. If constructing multiple towers, providers should consider the cumulative impacts of all of those towers to migratory birds and threatened and endangered species as well as the impacts of each individual tower. 4. If at all possible, new towers should be sited within existing "antenna farms" (clusters of towers). Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., State or Federal refuges, staging areas, rookeries), in known migratory or daily movement flyways, or in habitat of threatened or endangered species. Towers should not be sited in areas with a high incidence of fog, mist, and low ceilings. 5. If taller (>199 feet AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting required by the FAA should be used. Unless otherwise required by the FAA, only white (preferable) or red strobe lights should be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (longest duration between flashes) allowable by the FAA. The use of solid red or pulsating red warning lights at night should be avoided. Current research indicates that solid or pulsating (beacon) red lights attract night-migrating birds at a much higher rate than white strobe lights. Red strobe lights have not yet been studied. 6. Tower designs using guy wires for support which are proposed to be located in known raptor or waterbird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on the wires to prevent collisions by these diurnally moving species. (For guidance on markers, see Avian Power Line Interaction Committee (APLIC). 1994. Mitigating Bird Collisions with Power Lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C., 78 pp, and Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor Protection on Power Lines. Edison Electric Institute/Raptor Research Foundation, Washington, D.C., 128 pp. Copies can be obtained via the Internet at http://www.eei.org/resources/pubcat/enviro/, or by calling 1-800/334-5453). 7. Towers and appendant facilities should be sited, designed and constructed so as to avoid or minimize habitat loss within and adjacent to the tower "footprint." However, a larger tower footprint is preferable to the use of guy wires in construction. Road access and fencing should be minimized to reduce or prevent habitat fragmentation and disturbance, and to reduce above ground obstacles to birds in flight. 8. If significant numbers of breeding, feeding, or roosting birds are known to habitually use the proposed tower construction area, relocation to an alternate site should be recommended. If this is not an option, seasonal restrictions on construction may be advisable in order to avoid disturbance during periods of high bird activity. 9. In order to reduce the number of towers needed in the future, providers should be encouraged to design new towers structurally and electrically to accommodate the applicant/licensee's antennas and comparable antennas for at least two additional users (minimum of three users for each tower structure), unless this design would require the addition of lights or guy wires to an otherwise unlighted andlor unguyed tower. 10. Security lighting for on-ground facilities and equipment should be down-shielded to keep light within the boundaries of the site. 11 . If a tower is constructed or proposed for construction, Service personnel or researchers from the Communication Tower Working Group should be allowed access to the site to evaluate bird use, conduct dead-bird searches, to place net catchments below the towers but above the ground, and to place radar, Global Positioning System, infrared, thermal imagery, and acoustical monitoring equipment as necessary to assess and verify bird movements and to gain information on the impacts of various tower sizes, configurations, and lighting systems. 12. Towers no longer in use or determined to be obsolete should be removed within 12 months of cessation of use. In order to obtain information on the extent to which these guidelines are being implemented, and to identify any recurring problems with their implementation which may necessitate modifications, letters provided in response to requests for evaluation of proposed towers should contain the following request: "In order to obtain information on the usefulness of these guidelines in preventing bird strikes, and to identify any recurring problems with their implementation which may necessitate modifications, please advise us of the final location and specifications of the proposed tower, and which of the measures recommended for the protection of migratory birds were implemented. If any of the recommended measures can not be implemented, please explain why they were not feasible." Hello