commnet wireless llc communication site...

Decision Memo – Commnet Wireless LLC Communication Site Leases of 11

Decision Memo Commnet Wireless LLC Communication Site Leases

USDA Forest Service, Southwestern Region Questa and Tres Piedras Ranger Districts, Carson National Forest

Taos and Rio Arriba Counties, New Mexico (T. 29N, R. 14E, Section 22; T. 28N, R. 12E, Section 14;

T. 30N, R. 9E, Sections 5 & 6)

Background An interdisciplinary analysis on this project was conducted and is documented in a project record. Source documents from the project record are incorporated by reference throughout this decision memo by showing the document number in brackets [PR #] – please refer to the Appendix for the project record index.

A report on the condition of special uses in the Forest Service was published in 2012, as a result of a nation-wide audit by the Office of the Inspector General (OIG). One of the primary issues identified in the report was the serious backlog of special use authorizations and the subsequent loss of revenue to the treasury. In response, the Washington Office has made it a priority to remedy the backlog and has directed regional and forest offices to work toward that goal.

Significant community benefits and services are made available through special use authorizations. It is imperative that uses are kept up-to-date and operating according to Forest Service rules, regulations, and policies.

Following is a description of the location and context of the three communication sites involved in this project proposal.

Sawmill Mountain Communication Site:

Sawmill Mountain Communication Site is located on the western edge of Red River, NM, atop Sawmill Mountain, less than one mile North of the town. It is located within section 22 of Township 29N, Range 14E, New Mexico Principal Meridian (NMPM). It lies within the Carson National Forest and is administered by the USDA Forest Service. See map on p. 8.

In 1984, a special use permit was issued by Carson National Forest to Jerry Murry to install an 80’ tower and a 6’ x 6’ building on 0.01 of an acre on the peak of Sawmill Mountain. The special use permit expired in 2010 and was not renewed. Jerry Murry sold the existing equipment on site to Commnet Wireless LLC in 2015. Commnet Wireless LLC’s equipment, including a 12’ x 16’ building, remains on the site and provides the town of Red River with cell phone capabilities. Facilities located on Sawmill Mountain Communication Site provide emergency and non-emergency communication (primarily cell phone service) for local, state, and federal agencies and for many rural communities in northern New Mexico. A


new special use permit application for a communication facility lease was submitted by Commnet Wireless LLC to the Questa Ranger District in November of 2015.

Sawmill Mountain Communication Site is a designated electronic site in the Carson National Forest Plan (Special Uses – 2). The communication site houses both a Forest Service facility and Commnet LLC’s equipment. The tower currently holding the active communications equipment is overloaded and suspected to be unsafe.

Lama communication site:

The Lama Communication site is located approximately 3 miles south of the Village of Questa, NM. It is located within Section 14 of Township 28N, Range 12E, NMPM. It lies within the Carson National Forest and is administered by the USDA Forest Service. See map on p. 8. Facilities located on the Lama Communication Site provide non-emergency communication coverage, primarily cell phone service, to several small communities in the surrounding areas.

Subcarrier Communications, Inc., is currently the permit holder of one of two communication site permits at the Lama Communication Site. In 2010, Commnet Wireless LLC submitted an application to place exterior cabinets adjacent to Subcarrier Communications’ equipment on site. This application was never acted upon. Subcarrier Communications gave Commnet Wireless permission to install the cabinets. See photograph in Appendix B. According to Forest Service regulations, co-location on an existing communication tower does not require authorization, but since Commnet Wireless has exterior cabinets that are installed outside of Subcarrier Communications’ facility, they require their own permit.

Lama Communication Site is a designated electronic site in the Carson National Forest Plan (Special Uses – 2).

San Antonio Mountain Communication Site:

San Antonio Mountain is located 15 miles north of Tres Piedras, New Mexico, and 40 miles northwest of Taos, New Mexico. It is located on the border of sections 5 and 6 of Township 30N, Range 9E, NMPM. See map on p. 8. San Antonio Mountain is a free-standing volcanic peak in Rio Arriba County, New Mexico. With an elevation of 10,908 feet, San Antonio Mountain is the highest peak within the Taos Plateau volcanic field, the largest volcanic field within the Rio Grande Rift Valley.

Facilities located at San Antonio Mountain Communication Site provide emergency and non-emergency communication for local, state, and federal agencies and for several rural communities in northern New Mexico. Taos County Emergency Communications (911) transmits radio communications from the Taos County Complex Facility/911 center to San Antonio Mountain Communication Site, which relays information to emergency resources.

Currently Commnet Wireless LLC’s exterior cabinets are located adjacent to a communication facility which is permitted to a private individual, Darren Cordova. See photograph in Appendix B. According to Forest Service regulations, co-location on an existing communication tower does not require authorization, but since Commnet Wireless has exterior cabinets that are installed outside of Darren Cordova’s facility, they require their own permit.


San Antonio Mountain Communication Site is a designated electronic site in the Carson National Forest Plan (Special Uses – 2).

Project In response to the need to administer special use authorizations according to standard and to provide important services to the communities we serve, the Carson National Forest proposes the following actions on Commnet Wireless LLC’s three communication site leases:

Sawmill Mountain Communication Site:

• the issuance of a special use permit for a communication facility lease for a 20-year term to Commnet Wireless LLC, authorizing an existing 12’ x 16’ building, as well as the actions listed below;

• the replacement of one out-dated tower that houses active communication equipment with a 80’-tall modern and safe tower that meets Forest Service specifications, is self-supporting, and does not require guide wires;

• the installation of a back-up power generator.

Lama Communication Site:

• the issuance of a special use permit for a communication facility lease for a 20-year term to Commnet Wireless LLC, authorizing one previously constructed power cabinet and two previously constructed radio cabinets on a 12’ x 12’ pad, adjacent to the Subcarrier Communications, Inc. facility.

San Antonio Mountain Communication Site:

• the issuance of a special use permit for a communication facility lease for a 20-year term to Commnet Wireless LLC, authorizing four previously constructed exterior cabinets on a 12’ x 20’ pad, adjacent to Darren Cordova’s communication facility.

All project activities are located on lands managed by the USDA Forest Service. A map of project locations is included on page 8 of this document. All project activities would utilize existing roads.

Public Involvement This project was first published in the quarterly schedule of proposed actions (SOPA) on July 1, 2016 [PR #4]. A cover letter and copy of the quarterly SOPA was also sent to Tribal contacts on July 7, 2016 in order to meet Tribal Consultation obligations under Section 106 of the National Historic Preservation Act [PR #8]. There were no tribal responses received by the requested response date of August 31, 2016.

Reasons for Categorically Excluding the Decision Decisions may be categorically excluded from documentation in an environmental impact statement or an environmental assessment when they are within one of the categories identified by the U.S. Department of Agriculture in 7 CFR part 1b.3 or the proposed action is within a category listed in 36 CFR 220.6 (d)


and (e), and there are no extraordinary circumstances related to the decision that may result in a significant individual or cumulative environmental effect. This decision is consistent with 36 CFR 220.6(e)(3) – “Approval, modification, or continuation of minor special uses of NFS lands that require less than five contiguous acres of land.”

The following resource conditions were considered in determining whether extraordinary circumstances related to the decision warranted further analysis and documentation in an environmental impact statement or an environmental assessment (36 CFR 220.6 (b)(i-vii)):

i. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species

The Endangered Species Act (ESA, 16 U.S.C.§§ 1531 – 1544) requires Federal activities not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species’ designated critical habitat. As required by the Endangered Species Act, potential effects of this decision on federally listed species have been considered. [PR #10]

All species lists were reviewed on July 26, 2016 [PR #2, 3, 5, 6, & 7]. There will be no effects to any federally threatened, endangered, or proposed species or their designated critical habitat in Rio Arriba or Taos Counties. There will be no impacts to any of the species on the 2013 USFS R3 Regional Forester’s Sensitive Species lists. The proposed activities will not affect forest-wide habitat and population trends for any of the Carson National Forest Management Indicator Species. Finally, the proposed activities will not result in any unintentional take of individual migratory birds and will not cause a decline in populations for any migratory bird species. [PR #10]

ii. Floodplains, wetlands, or municipal watersheds

The following were reviewed in determining existing conditions for this project: The U.S. Fish and Wildlife Service National Wetlands and Riparian Inventory, the National Hydrography Dataset, and the Carson National Forest inventory of perennial, intermittent, and ephemeral streams. No inventoried wetlands, water bodies, riparian areas, or streams are present within the project areas. Therefore, floodplains and wetlands will not be impacted by the decision. [PR #10]

No municipal watersheds are identified on forest in the Carson National Forest Plan [PR #1].

iii. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas

No congressionally designated areas are within or nearby the project area. Therefore, this decision will not affect congressionally designated areas.

iv. Inventoried roadless areas or potential wilderness areas

There are no inventoried roadless areas within the project area, therefore, this decision will not affect inventoried roadless areas. Due to the presence of existing development within the project area, there will be no effect to potential wilderness areas.


v. Research natural areas

There are no research natural areas in or nearby the project area; therefore, this decision will not affect research natural areas.

vi. American Indians and Alaska Native religious or cultural sites, and archaeological sites, or historic properties or areas

Section 106 of the National Historic Preservation Act (U.S.C. 470 et seq.) requires Federal agencies take into account the effect of a project on any precontact or historic district, site, building, structure, or object that is included in or eligible for, inclusion in the National Register. Section 106 of the National Historic Preservation Act (NHPA) also requires Federal agencies to afford the Advisory Council on Historic Preservation and Tribal entities a reasonable opportunity to comment.

The proposed activities were reviewed for effects to cultural resources and the proposed permit issuances and replacement tower have been determined to have No Effect to historic properties. The proposed activities are exempt from consultation with the State Historic Preservation Office, as per section II. A. of Appendix A of the Region 3 Programmatic Agreement. An exemption/non-undertaking memo is included in the project record [PR #9].

In addition, the Forest Service has a trust relationship and government-to-government consultation responsibilities with federally recognized Tribes and Pueblos, as they are considered sovereign entities. Consultation with these groups is completed to help ensure that these responsibilities are met, as well as to identify any cultural resources or sacred sites of concern. A letter inviting comment on the proposed action was mailed as part of the quarterly Schedule of Proposed Actions that was sent to all 16 Tribes and Pueblos that consult with the Carson National Forest on July 7, 2016 [PR #8]. There were no responses received by the requested response date of August 31, 2016. This decision is not expected to disturb traditional cultural properties, though potentially affected tribes will be contacted in the event that new information becomes available.

The mere presence of one or more of the above listed resource conditions does not preclude the use of a categorical exclusion. It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions, and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist.

Findings Required by Other Laws This project is in conformance with the Carson National Forest Plan [PR #1] as required by the National Forest Management Act (16 U.S.C. §§ 1600-1614), specifically:

Special Uses: All acceptable requests for special use permits are met. Administer non-recreation special use permits to minimize adverse impacts on other uses and resources. Issue new permits when in the best interest of the public (Special Uses – 1) [PR #1].

Issuing these permits are in the public interest in terms of safety and efficient telecommunication services, and they conform to the Carson National Forest Plan. All three communication sites are designated as electronic sites in the Carson National Forest Plan (Special Uses – 2), therefore the areas are still being


used for the purposes for which they were originally authorized. The proposed activities will take place in the same area and for the same purposes as previously permitted to other tenants.

This project complies with all other applicable federal, state, and local laws and regulations including, but not limited to: the Migratory Birds Treaty Act of 1918; the Clean Water Act of 1948; the Clean Air Act of 1955; the National Historic Preservation Act of 1966; the National Environmental Policy Act of 1969; the Endangered Species Act of 1973; the Native American Grave and Repatriation Act of 1990; Executive Order 11988 (Floodplain Management); Executive Order 11990 (Protection of Wetlands); Executive Order 12898 (Environmental Justice); and Executive Order 13186 (Migratory Birds).

Specialist and Line Officer Concurrence

Contact Person For additional information concerning this decision, contact Kevin Lehto, Assistant Recreation Staff Officer, at P.O. Box 110, Questa, NM 87556, or by calling (575) 586-0520.

USDAHjv 5{»\,

M«iar

Decision

I have considered scoping input from an interdisciplinary team established for this project. In reaching mydecision, I considered input from Forest Service resource specialists who analyzed the proposal andagency experience in implementing the administrative action of issuing a special use permit. Nosignificant issues were identified, nor do I find any extraordinary circumstances related to this decisionthat may result in a significant individual or cumulative environmental effect.

It is my decision to approve the Commnet Wireless LLC Communication Site Leases project, as describedabove. This decision is not subject to appeal.

The decision-making process for this project is documented in a project file and maintained at the CarsonNational Forest Supervisor's Office.

Implementation DateImplementation may begin following issuance and/or amendments of applicable special use permits, andfollowing applicable permitting processes with other state and national agencies.

C~^ ^James D. Duran Date

Carson National Forest Supervisor

Decision Memo - Commnet Wireless LLC Communication Site Leases

of 11


In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age,

marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any

program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice

and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than

English. To file a program discrimination complaint, complete the USDA Program Discrimination

Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the

form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or (3) email: [email protected].

USDA is an equal opportunity provider, employer, and lender.

http://www.ascr.usda.gov/complaint_filing_cust.html

mailto:[email protected]


Appendix: Project Record Index Project Record Index for Commnet Wireless LLC Communication Site Leases

# Document Author Pages Date

1

Carson National Forest Plan (by reference) - Special Uses

USDA Forest Service, Southwestern Region 2

09/1986, as amended

10/1990

2

Regional Forester's Sensitive Species List - Animals

USDA Forest Service, Southwestern Region 5 2013

3

Regional Forester's Sensitive Species List - Plants

USDA Forest Service, Southwestern Region 5 2013

4

Carson National Forest Schedule of Proposed Actions (SOPA)

USDA Forest Service, Southwestern Region, Carson National Forest

13 07/01/2016

5

List of Threatened and Endangered Species - Lama Communication Site

USDI Fish and Wildlife Service, New Mexico Ecological Services Field Office

8 07/07/2016

6

List of Threatened and Endangered Species - San Antonio Mountain Communication Site


9 07/07/2016

7

List of Threatened and Endangered Species - Sawmill Mountain Communication Site


8 07/07/2016

8

Cover letter to SOPA for Carson National Forest Tribal Contacts, and mailing list

James Duran, Forest Supervisor; USDA Forest Service, Southwestern Region, Carson National Forest

4 07/07/2016

9

Cultural Resource Review: Exemption/Non-undertaking Memo; Report #R2016030200047

Elizabeth Lane, Assistant Forest Archaeologist; USDA Forest Service, Southwestern Region, Carson National Forest

1 09/01/2016

10 Specialist Review document USDA Forest Service, Southwestern Region, Carson National Forest

13 09/07/2016


Project Record Index for Commnet Wireless LLC Communication Site Leases # Document Author Pages Date

11 Decision Memo

James Duran, Forest Supervisor; USDA Forest Service, Southwestern Region, Carson National Forest

11 09/12/2016

commnet wireless llc communication site...

Documents