FCC ENVIRONMENTAL ASSESSMENT

FCC ENVIRONMENTAL ASSESSMENT

AT&T Site Blackwater MD1785

Prepared for:

&

Prepared by:

AARCHER, Inc. 910 Commerce Road

Annapolis, Maryland 21401 (410) 897-9100 aarcherinc.com

Submitted:

June 21, 2010

The Environmental Navigators ®

June 21, 2010

Katy Kilmon

Bechtel Communications, Inc

AT&T Mobility - Baltimore-Washington

9200 Berger Road

Columbia, MD 21046

RE: FCC Environmental Assessment, Blackwater MD1785, 3445 Golden Hill Road,

Church Creek, Dorchester County, Maryland, 21622

Ms. Kilmon:

AARCHER Inc., (AARCHER) is pleased to provide the following Federal Communications Commission

(FCC) Environmental Assessment (EA) report for the proposed AT&T telecommunications facility to be

located at 3445 Golden Hill Road, Church Creek, Dorchester County, Maryland, 21622.

Should you have any questions, please do not hesitate to contact me at (410)-897-9100 ext. 106 or

[email protected].

Sincerely,

AARCHER INC.

Renee de Sibour

Environmental Scientist

The Environmental Navigators ®

FCC ENVIRONMENTAL ASSESSMENT Blackwater MD1785

TABLE OF CONTENTS

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

2.0 ENVIRONMENTAL INFORMATION .................................................................................1

2.1 Proposed Action and Need ...........................................................................................1

2.2 Site Location and Description........................................................................................2

2.3 Site Zoning Classification ..............................................................................................2

2.4 Community Response...................................................................................................2

2.5 Potential Adverse Environmental Effects ......................................................................2

2.6 Action Alternatives.........................................................................................................3

2.7 Local Land Use Approval ..............................................................................................3

3.0 NEPA CRITERIA...............................................................................................................3

3.1 Officially Designated Wilderness Area ..........................................................................3

3.2 Officially Designated Wildlife Preserve..........................................................................4

3.3 Threatened or Endangered Species or Designated Critical Habitats............................4

3.4 Resources Listed, or Eligible for Listing, in the National Register of Historic Places ....4

3.5 Indian Religious Sites....................................................................................................5

3.6 Floodplain......................................................................................................................5

3.7 Surface Features...........................................................................................................6

3.8 High Intensity White Lights............................................................................................6

3.9 Radiofrequency Radiation .............................................................................................7

4.0 CONCLUSIONS................................................................................................................7

5.0 FINDINGS, ISSUES, AND RECOMMENDATIONS..........................................................7

5.1 Findings.........................................................................................................................7

5.2 Issues............................................................................................................................8

5.3 Recommendation ..........................................................................................................8

EXHIBITS

Exhibit 1: Site Photographs Exhibit 2: Topographic Map Exhibit 3: Construction Drawings & FAA 1-A Survey Certification Exhibit 4: Building Permit & Electrical Permit Exhibit 5: State Historic Preservation Office Correspondence & Public Notice Exhibit 6: Tribal Consultation Exhibit 7: National Wilderness Preservation System (NWPS) Map National Wildlife Refuge System (NWRS) Map USFWS Blackwater Refuge Map Federal Agency Consultation Exhibit 8: Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Exhibit 9: United States Geological Survey (USGS) National Wetland Inventory (NWI) Map Maryland Department of Natural Resources Wetlands Map Maryland Department of the Environment Letter of Authorization Exhibit 10: FCC Environmental Assessment Checklist


FCC ENVIRONMENTAL ASSESSMENT REPORT - PRIVILEGED DOCUMENT

Page 1

1.0 EXECUTIVE SUMMARY

AARCHER Inc., (AARCHER) prepared the following Federal Communications Commission (FCC)

Environmental Assessment (EA) (per 47 CFR 1.311 and 47 CFR 1.1307(a) 6) on behalf of AT&T

Mobility (AT&T). AT&T is the potential lessee of a 35-foot by 50-foot proposed tower compound

leasehold, which is defined for this report as the Subject Property. The Subject Property includes existing

buildings and other fixtures/improvements located on the Subject Property. The proposed tower

compound will be located at 3445 Golden Hill Road, Church Creek, Dorchester County, Maryland 21622.

AT&T proposes to construct a 195-foot guyed tower and install nine antennas at a centerline height of

193 feet. The total height of the proposed guyed tower, including lightning rod, will be 199 feet above

ground level (AGL). Four equipment cabinets will be installed on a 16-foot by 16-foot raised steel

platform within the proposed 35-foot by 50-foot fenced facility compound.

During AARCHER’s preliminary site screening of the project site, it was determined that the proposed

tower will significantly change surface features and is located within the boundaries of the Federal

Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 100-year floodplain (Zone

A4). In accordance with 47 CFR 1.1307(a)6, an EA must be prepared to assess the impacts of the

proposed tower construction on existing environmental conditions.

AT&T obtained a construction permit from Maryland Department of the Environment (MDE) for the

clearing of vegetation, filling, grading, and construction of a communications tower within emergent

nontidal wetlands at the Subject Property. AT&T has met all mitigation requirements by investing into

the Maple Dam Conservation, LLC wetland mitigation bank. Based on the issuance of the permit and the

completion of mitigation bank investment, AARCHER concludes that the proposed Federal undertaking

will not have any substantial impact to the emergent wetland located at the site. AARCHER recommends

that a finding of no significant impact (FONSI) be issued by the FCC for this proposed Federal

undertaking.

The proposed construction drawings, provided in Exhibit 3 of this report, indicate that the proposed

equipment shelter and all associated mechanical and electrical equipment will be elevated approximately

7.375 inches above the base flood elevation (BFE) of 6 feet. AARCHER concludes that the proposed

Federal undertaking will not have any substantial impact to the flood storage capacity of the local

floodplain. AARCHER recommends that a finding of no significant impact (FONSI) be issued by the

FCC for this proposed Federal undertaking.

2.0 ENVIRONMENTAL INFORMATION

2.1 Proposed Action and Need

AT&T proposes to construct a 195-foot guyed tower and install nine antennas at a centerline height of

193 feet. The total height of the proposed guyed tower, including lightning rod, will be 199 feet AGL.

Equipment cabinets will be installed on a proposed 16-foot by 16-foot elevated steel platform within the

proposed 35-foot by 50-foot fenced equipment compound. Construction drawings are provided in Exhibit

3 of this report.

The proposed tower compound will serve the AT&T’s customers by providing continuous cellular

coverage in the service area.



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2.2 Site Location and Description

The Subject Property is located at 3445 Golden Hill Road, Church Creek, Dorchester County, Maryland

21622. The Subject Property is located approximately 750 northeast of the intersection of Golden Hill

Road and Hoopers Island Road. The Subject Property is bordered on the north by grass/marshland,

beyond which is the site of a construction business. An unpaved access road to the larger property is

located to the south of the Subject Property, beyond which are marsh grasses and wooded marshland.

Cleared land comprising marsh grasses is located west of the Subject Property, and further west is Golden

Hill Road. Cleared land comprising marsh grasses is located east of the Subject Property. Site

photographs are provided in Exhibit 1 of this report.

The geographic coordinates of the Subject Property are latitude N 38º 23’ 33.806”, longitude

W 76º 11’ 34.642.” According to the FAA 1-A survey certification, the Subject Property is located

approximately 1.08 feet above mean sea level (AMSL). A copy of the USGS 7.5-minute topographic

quadrangle (Golden Hill, MD) depicting the location of the Subject Property is provided in Exhibit 2 of

this report.

2.3 Site Zoning Classification

According to the approved building permit documents issued by Dorchester County, Maryland, on

April 25, 2006 and extended to February 4, 2010, the Subject Property is located on a lot zoned as

“I-2 Heavy Industrial.” The building permit and electrical permit are provided in Exhibit 4 of this report.

2.4 Community Response

The Applicant and its zoning representatives reported no public controversy regarding the proposed tower

or compound during the permitting review process. The Applicant has no knowledge of public

controversy or other community response regarding the project.

As part of the State Historic Preservation Office (SHPO) review process conducted in 2006, two measures

were undertaken to obtain public comment. A sign was posted at the proposed site location describing the

project and the method to submit comments in writing. The project was also submitted through the local

zoning process. No public comments have been received to date.

2.5 Potential Adverse Environmental Effects

The Subject Property is not located within the USFWS National Wetlands Inventory (NWI) online

mapped wetland areas; however, the proposed tower site is within estuarine wetland areas mapped by the

Maryland Department of Natural Resources. AARCHER observed some conditions of wetland areas

during its initial site visit, such as saturated soil. A wetland delineation was completed on

November 17, 2009. The delineation determined that the entire Subject Property, with exception of the

existing gravel access road for the larger property, meets the criteria of a wetland as defined in the Corps

of Engineers Wetlands Delineation Manual. The proposed construction requires clearing of vegetation,

filling, grading, and construction of a communications tower, access road, and equipment compound.

Construction plans state that land disturbance will be limited to a fenced compound leasehold area having

approximate dimensions of 35 feet by 50 feet and an approximate 12-foot by 130-foot gravel based access

road. According to construction plans, the total area of disturbance will be 4,541 square feet.

Construction activities are anticipated to have a significant effect on emergent wetlands located at the site.

AT&T obtained a permit from MDE (Authorization Number: 09-NT-2052/200960936) dated



Page 3

May 17, 2010. The permit authorizes the clearing of vegetation, filling, grading, and construction of a

communications tower that will permanently affect approximately 4,541 square feet. AT&T purchased

wetland bank credits from Maple Dam Conservation, LLC mitigation bank as mitigation for the proposed

undertaking.

In addition, the Subject Property is located within the 100-year floodplain (FIRM Zone A4, Dorchester

County, Maryland, Community-Panel Number 240026 0325 A, dated October 15, 1981). According to

the FAA 1-A survey certification, the ground elevation of the Subject Property is approximately 1.08 feet

AMSL. Construction plans indicate that the equipment shelter will be elevated approximately 6.675 feet

above ground level on concrete piers and, therefore, will be located approximately 7.375 inches above the

base flood elevation. Construction activities are not anticipated to have a significant effect on flood zone

drainage pathways, thus limiting potential adverse environmental effects to the floodplain.

2.6 Action Alternatives

This FCC EA considered several alternatives to the proposed Federal undertaking, including “No Action”

and “Alternate Location.”

Under the Alternate Location alternative, neither rooftop collocation nor collocation on an existing tower

were practicable alternatives. No rooftops exist in the vicinity of the proposed location that would offer

continued cellular coverage for the area. A guyed radio tower was previously located at the Subject

Property address. AT&T investigated collocating on the existing tower; however, the tower was not

designed to support the antenna installation proposed by AT&T. Since initial investigation into the site,

the existing radio tower has been removed. There are no additional telecommunication towers available in

the area for collocation. In addition, due to the size of the wetlands and floodplain in the vicinity of the

project area, impacts could not be avoided. Moving the location of the proposed compound leasehold

outside of the emergent wetlands and 100-year floodplain to an alternate location would result in

inconsistent coverage and dropped calls within the service area.

Under the No Action alternative, the applicant’s customers will continue to lack coverage within the

service area, resulting in dropped calls and an inability to originate or receive calls within the service area.

2.7 Local Land Use Approval

A building permit and electrical permit are provided in Exhibit 4 of this report which provides

documentation of approval by Dorchester County Planning and Zoning of the construction plans and site

location.

3.0 NEPA CRITERIA

The following sections provide information regarding compliance of the proposed project with the

required NEPA elements.

3.1 Officially Designated Wilderness Area

In addressing whether the facility is located in an officially designated wilderness area, AARCHER

reviewed information from the National Wilderness Preservation System (NWPS). The NWPS is

comprised of lands designated as wilderness area by the U.S. Forest Service, Bureau of Land

Management, U. S. Fish and Wildlife Service (USFWS), and the National Park Service. A copy of the

NWPS search is included in Exhibit B. The site is not located within a designated wilderness area.



Page 4

3.2 Officially Designated Wildlife Preserve

In addressing whether the facility is located in an officially designated wildlife preserve, AARCHER

reviewed information from the USFWS National Wildlife Refuge System (http://refuges.fws.gov/). Based

on information provided by the National Wildlife Refuge System, there are five wildlife refuges in the

State of Maryland. Blackwater National Wildlife Refuge is identified in the vicinity of the Subject

Property. AARCHER reviewed a map of the Blackwater National Wildlife Refuge boundary provided by

the USFWS. A map of the wildlife refuges in Maryland and the USFWS Blackwater National Wildlife

Refuge is provided in Exhibit B. The site is not located within a designated wildlife preserve.

3.3 Threatened or Endangered Species or Designated Critical Habitats

AARCHER submitted the proposed project for review by the USFWS Chesapeake Bay Field Office and

the Maryland Department of Natural Resources (DNR) on October 13, 2008. In a letter dated

December 22, 2008, the USFWS determined that the proposed project will is located within the

immediate vicinity of the Delmarva fox squirrel habitat; however, because no forests will be cleared

because of the construction, the proposed project is not likely to adversely affect Delmarva fox squirrels.

In addition, in a letter dated December 15, 2008, the Maryland DNR determined that there are no State of

Federal records for rare, threatened, or endangered species within the boundaries of the project site.

Therefore, they had no specific requirements pertaining to protection measures at the site.

Agency correspondence is provided in Exhibit 7.

3.4 Resources Listed, or Eligible for Listing, in the National Register of Historic Places

AARCHER submitted the proposed collocation for review under the National Historic Preservation Act

(NHPA) Section 106 on March 27, 2006. In email correspondence with Jonathan Sager, Preservation

Officer with the Maryland Historical Trust (MHT), on March 16, 2006, Mr. Sager stated that if MHT

does not provide comment within 30 to 45 days of project submission, AT&T should proceed without

written notice from SHPO.

Section VII. B. p 586 of the Nationwide Programmatic Agreement for Review Under the National

Historic Preservation Act provides the following guidance for proceeding under NHPA without

individual review from SHPO:

If the SHPO does not provide written notice to the Applicant that it agrees or disagrees

with the Applicant’s determination of no Historic Properties affected within 30 days

following receipt of a complete Submission Packet, it is deemed that no Historic

Properties exist within the APE or the Undertaking will have no effect on Historic

Properties. The Section 106 process is then complete and the Applicant may proceed with

the project, unless further processing for reasons other than Section 106 is required. (A

copy of this section of the PA is provided as an attachment).

More than 30 days have passed since the completed Submission Packet (FCC Form 620) was submitted

to MHT for review, and no written notice was provided by the SHPO indicating agreement or

disagreement with AARCHER’s determination that the construction would have no effect to historic

properties. Therefore, AT&T met its NHPA compliance obligations set by the PA, and may continue with

the proposed project without effect to historic properties.



Page 5

AARCHER contacted the Maryland Historical Trust (MHT) on June 9, 2010. Ms. Elizabeth Cole,

Administrator for Review and Compliance, stated that unless the designed of the proposed project has

changed or new historic properties have been identified, then MHT does not wish to review the project

again and the existing determination is still valid.

On June 10, 2010, AARCHER conducted inventory research at the MHT Library. No new historic

properties were identified within the area of potential effects for the Subject Property; therefore, the

SHPO agrees with the AARCHER’s determination that the construction will have no effect to historic

properties.

3.5 Indian Religious Sites

AT&T submitted the proposed project through the FCC’s Tower Construction Notification System

(TCNS) on December 12, 2005. Of the tribes contacted, two tribes responded:

On May 30, 2006, the Delaware Tribe of Indians responded to the original that they have no

objection to the proposed construction.

On June 14, 2006, The Shawnee Tribe responded that they have no objection to the proposed

construction.

TCNS notification and tribal consultation are included in Exhibit 6.

AT&T submitted the proposed project through the TCNS again on November 21, 2008. Of the tribes

contacted, two responded to the second submittal:

On November 21, 2008, the Tuscarora Nation responded to the original submission stating that if

the applicant does not receive a response from the Tuscarora Nation within 30 days, then they

have no interest in the proposed project and the applicant may proceed. To date, no response has

been received.

On December 4, 2008, The Shawnee Tribe sent an automated repose for the TCNS requesting

additional information. On June 21, 2010, AARCHER contacted Ms. Kim Jumper, Assistant

Tribal Historic Preservation Officer with the Shawnee Tribe to determine if the response from

July 21, 2006 is still valid. Ms. Jumper stated that unless the designed of the proposed project has

changed, then the Shawnee Tribe does not wish to review the project again and the existing

determination is still valid.

3.6 Floodplain

During AARCHER’s preliminary site screening of the Subject Property, it was determined that the

proposed tower and compound leasehold are located within the boundaries of the Federal Emergency

Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 100-year floodplain (Zone A4). FCC

regulations require that an EA be prepared to assess the impacts of the tower on existing environmental

conditions.

AARCHER reviewed the FEMA FIRM depicting the location of the Subject Property (Dorchester

County, Maryland, Community-Panel Number 240026-0325A, dated October 15, 1981). The FIRM

indicates flood boundaries of specific areas within Dorchester County. According to the FIRM, the area in

which the Subject Property is located has a BFE of 6 feet. Given the variance in the BFE as stated in the



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FEMA FIRM for Dorchester County, AARCHER determined that a BFE of 6.0 feet would be appropriate

for the purposes of this EA. A copy of the portion of the FEMA FIRM that includes the Subject Property

is provided in Exhibit 8 of this report.

The building permit and associated documents provided by Dorchester County Planning and Zoning does

not specifically require the applicant to compensate for the flood level or make amendments to the site

construction plans.

The Subject Property was granted an appropriate building permit, which included a review of the

proposed construction by Dorchester County. According to the FAA 1-A survey certification provided by

Bechtel Communications, the ground elevation at the base of the proposed guyed tower is approximately

1.08 feet AMSL. Construction drawings provided by Bechtel Communications depict the base of the

tower be constructed at ground level and the based of the equipment platform be constructed at a height of

approximately 6 feet 7.375 inches AMSL, approximately 7.375 inches above the BFE. Based on the size

of the flood zone, the footprint of the proposed project, and that the equipment platform will be

constructed above the base flood elevation, the Subject Property is not anticipated to have a significant

effect on flood zone drainage pathways. A copy of the building permit and electrical permit are provided

in Exhibit 4 of this report; a copy of FAA 1-A survey certification and construction drawings are provided

in Exhibit 3 of this report; and a copy of the FEMA FIRM is provided in Exhibit 8.

3.7 Surface Features

Per AT&T policy, AARCHER reviewed the USFWS National Wetlands Inventory (NWI) online and

conducted a site visit to determine whether significant change in surface features would occur as a result

of the proposed undertaking. The proposed tower site is shown outside of NWI mapped wetland areas;

however, the proposed tower site is within estuarine wetland areas mapped by the Maryland DNR.

At the request of Bechtel and MDE, AARCHER completed a wetland delineation for the Subject Property

on November 17, 2009. The delineation determined that the entire Subject Property and 50 feet in all

directions, with exception of the existing gravel access road for the larger property on which the Subject

Property is located, meets the criteria of a wetland as defined in the Corps of Engineers Wetlands

Delineation Manual. The proposed construction requires clearing of vegetation, filling, grading, and

construction of a communications tower, access road, and equipment compound. Construction plans state

that land disturbance will be limited to a leasehold area having approximate dimensions of 35 feet by 50

feet, an approximate 12-foot by 130-foot gravel based access road, and guy anchors. According to

construction plans, the total area of disturbance will be 4,541 square feet.

AT&T obtained a permit from MDE (Authorization Number: 09-NT-2052/200960936) dated May 17,

2010. The permit authorizes the clearing of vegetation, filling, grading, and construction of a

communications tower that will permanently affect approximately 4,541 square feet. As mitigation for the

proposed undertaking, AT&T purchased wetland bank credits from Maple Dam Conservation, LLC

mitigation bank. Based on the issuance of the permit and that the investment in Maple Dam Conservation

as mitigation has been approved by MDE, the Subject Property is not anticipated to have a significant

effect on wetlands. A copy of the building permit and electrical permit are provided in Exhibit 4 of this

report.

3.8 High Intensity White Lights

According to the site plan information provided by Bechtel, proposed site development does not include

installation of high intensity white lights. A copy of the construction drawings are provided in Exhibit 3

of this report which verifies that the tower will not include high intensity white lights.



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3.9 Radiofrequency Radiation

The FCC requires that human exposure to radiofrequency radiation (RF) must be below the limits set in

47 CFR 1.1310 and 2.1093. AT&T is responsible for ensuring the proposed undertaking will not exceed

appropriate limits.

4.0 CONCLUSIONS

AARCHER has prepared this FCC EA under contract to Bechtel Communications on behalf of AT&T.

AT&T proposes to construct a 195-foot guyed tower and install antennas at a centerline height of 193

feet. The total height of the proposed guyed tower, including lightning rod, will be 199 feet above ground

level (AGL). Four equipment cabinets will be installed on a 16-foot by 16-foot raised steel platform

within the proposed 35-foot by 50-foot fenced facility compound. The Subject Property is the subject of

this report and is located at 3445 Golden Hill Road, Church Creek, Dorchester County, Maryland. This

EA was prepared using readily available published information, online resources, Federal Agency

correspondence, and information provided by AT&T and the previous tower owner.

AT&T understands their responsibilities under NEPA, as an FCC licensee, and fully recognizes that

assessment of environmental impacts is to be completed prior to site development. Because the Subject

Property will result in significant changes to surface features (e.g., wetland fill) and is located within a

100-year floodplain, FCC regulations require an EA to assess the environmental effects of the

undertaking.

AT&T obtained a permit from MDE (Authorization Number: 09-NT-2052/200960936) dated

May 17, 2010. The permit authorizes the clearing of vegetation, filling, grading, and construction of a

communications tower that will permanently affect approximately 4,541 square feet. As mitigation for the

proposed undertaking, AT&T purchased wetland bank credits from Maple Dam Conservation, LLC

mitigation bank. Based on the issuance of the permit and that the investment in Maple Dam Conservation

as mitigation has been approved by MDE, the Subject Property is not anticipated to have a significant

effect on wetlands.

The Subject Property was granted an appropriate building permit, which included a review of the

proposed construction by Dorchester County. According to the FAA 1-A survey certification provided by

Bechtel Communications, the ground elevation at the base of the proposed guyed tower is approximately

1.08 feet AMSL. Construction drawings provided by Bechtel Communications depict the base of the

tower be constructed at ground level and the based of the equipment platform be constructed at a height of

approximately 6 feet 7.375 inches aboveground level, approximately 7.375 inches above the BFE. Based

on the size of the flood zone, the footprint of the proposed project, and that the equipment platform will

be constructed above the base flood elevation, the Subject Property is not anticipated to have a significant

effect on flood zone drainage pathways.

5.0 FINDINGS, ISSUES, AND RECOMMENDATIONS

5.1 Findings

AARCHER determined that the Subject Property is located in the boundaries of the Federal Emergency

Management Agency (FEMA) Flood Insurance Rate Map (FIRM) 100-year floodplain (Zone A4) and

will result in a significant chance in surface features (e.g. wetland fill).



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5.2 Issues

FCC regulations require an EA be prepared to assess the impacts of the proposed tower construction on

existing environmental conditions.

5.3 Recommendation

AARCHER concludes that the proposed federal undertaking will not have any substantial impacts.

Therefore, AARCHER recommends that a FONSI be issued by the FCC for this proposed Federal

undertaking.

The Environmental Navigators®

Exhibit 1

Site Photographs

1. View facing south of the Subject Property and surrounding area.

2. View facing south from the Subject Property.

3. View facing north from the Subject Property.

4. View facing east from the Subject Property.

5. View facing west from the Subject Property.


Exhibit 2

Topographic Map


Exhibit 3

Construction Drawings

FAA 1-A Survey Certification

FCC ENVIRONMENTAL ASSESSMENT

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