nepa environmental summary report and checklist

NEPA ENVIRONMENTAL SUMMARY REPORT AND CHECKLIST

Ridan Industries, LLC FL1071 / St. Pete Landfill

11701 28th Street North St. Petersburg, Pinellas County, Florida 33761

ATC Project Number 05.28181.0002

Prepared for:

Mr. J. Kevin Barile Ridan Industries, LLC

301 West Platt Street #339 Tampa, Florida 33606

Prepared by:

ATC Associates Inc. 5602 Thompson Center Court, Suite 405

Tampa, Florida 33634 (813) 889-8960

December 6, 2005

ATC ASSOCIATES INC. PROJECT NO. 05.28181.0002

1

December 6, 2005 Mr. J. Kevin Barile Ridan Industries, LLC 301 West Platt Street #339 Tampa, Florida 33606 Re: NEPA Environmental Summary Report and Checklist

Proposed Ridan Industries, LLC Tower Site FL1071 / St. Pete Landfill 11701 28th Street North St. Petersburg, Pinellas County, Florida 33761 ATC Project Number 05.28181.0002

Dear Mr. Barile: ATC Associates Inc. (ATC) has completed an environmental screening of the Federal Communications Commission (FCC) special interest items as outlined in Title 47 of the Code of Federal Regulations (47 CFR) Section 1.1307 (a) (1) through (8), for the proposed Ridan Industries, LLC (Ridan) site designated as Ridan Site Number FL1071, St. Pete Landfill (the “site”) located at 11701 28th Street North in St. Petersburg, Pinellas County, Florida. Ridan will be performing the work at this site for the purpose of providing wireless telecommunications service. Additionally, the site has been evaluated with regard to its applicability to the Nationwide Programmatic Agreement for Review Under the National Historic Preservation Act; Final Rule (NPA, Federal Register, Volume 70 Number 2, January 5, 2005), specifically, the commonly referred to Industrial Park, Commercial Strip Mall and Shopping Center Tower exclusion contained in Section III.D. of the NPA. For the purposes of this assessment, the site consists of the proposed telecommunications facility, including the proposed tower, lease area/tower compound, access easements, and any necessary utility easements. The site parcel includes the parcel of land on which the proposed site is located, associated parking areas and access driveways. SITE INFORMATION The parent parcel is comprised of approximately 3.5-acres and is developed with a 144,736 square foot warehouse containing 19 shipping and receiving docks, paved parking areas, and associated property. According to the Pinellas County Property Appraiser, the warehouse was built in 1985. The entrance to the parent parcel is from the north via 118th Avenue North. The proposed tower site is located in the southeast portion of the parent parcel. A 150-foot tall monopole and associated equipment is planned for construction at the site. The proposed tower lease area measures approximately 40 feet by 50 feet. The proposed lease area was covered with asphalt at the time of the site visit. Access to the proposed tower site is from the north via asphalt paved parking areas associated with the America II Electronics, Inc. warehouse facility. Asphalt paved parking areas followed by 118th Avenue North and an office complex border the tower site to the north. Asphalt paved parking areas

NEPA Environmental Summary Report and Checklist Ridan Site Number FL1071 / St. Pete Landfill

St. Petersburg, Pinellas County, Florida

ATC ASSOCIATES INC. PROJECT NO. 05.28181.0002 2

followed by a chain link fence and the 118th Avenue-Interstate 275 Connector borders the tower site to the south. Asphalt paved parking areas followed by a building occupied by America II Electronics, Inc. border the tower site to the east. The America II Electronics, Inc. warehouse facility containing 19 shipping and receiving docks followed by 28th Street North border the tower site to the west. Please refer to Appendix A, Figures A-1 and A-2 for details regarding the location and proposed development of the site. According to the Pinellas County Property Appraiser’s on-line website, the parent parcel containing the site is identified as Parcel Identification Number (PIN) 14/30/16/11358/000/0070. JTG Enterprises Inc. is listed as the owner of the property. The tower site is located on the United States Geological Survey (USGS) Safety Harbor and St. Petersburg, Florida Quadrangle 7.5 Minute Series Topographic maps (USGS Safety Harbor and St. Petersburg Quadrangle maps), dated 1956 and photorevised in 1987. Based on the USGS Safety Harbor and St. Petersburg Quadrangle maps, the tower site is located approximately 5-10 feet above mean sea level with a relatively level topography. Storm water runoff from the site would likely infiltrate into the site soils. Please refer to Appendix A, Figure A-1 for details regarding the location and topography of the site. NEPA ASSESSMENT This letter report was completed in accordance with the scope of work outlined in ATC’s proposal dated June 1, 2005. The NEPA Land Use Checklist table and supporting documentation are attached to this letter report. In accordance with 47 CFR Section 1.1307 (a) (1) through (8), an evaluation was made to determine whether any of the listed FCC special interest items would be significantly affected if a tower structure and/or antenna and associated equipment were constructed at the proposed site location. In the event that the site affects one of the items, the FCC requires that an Environmental Assessment (EA) be prepared regarding that particular item. ATC conducted this research by consulting with appropriate state and federal agency personnel and reviewing readily available published data. Site selection criterion was based on the need for coverage in the area and the desire to avoid or minimize possible environmental impact (as defined in 47 CFR). Other important factors include site accessibility, construction and other logistical considerations and financial requirements. The site selection process results from one of three outcomes: (1) selected site; (2) site alternative to the selected site; and (3) no action. The “no action” alternative was not considered since it would not meet the project’s objectives. The selected site was best able to meet all of the above outlined criteria and is the preferred alternative. (1) Wilderness Areas In addressing the issue of officially designated wilderness areas, ATC reviewed information from the National Wilderness Preservation System (NWPS, http://www.wilderness.net/nwps). The NWPS is comprised of lands designated as wilderness areas by the United States Forest Service (USFS), United States Fish and Wildlife Service (USFWS), United States Bureau of Land Management (BLM), and the National Park Service (NPS). In addition, ATC performed a site visit, reviewed the site ownership and current zoning information, and researched the Florida Atlas & Gazetteer™ (DeLorme, 2002) and USGS Safety Harbor and St. Petersburg Quadrangle maps to document if the site is located in an officially designated wilderness area. According to the information reviewed, the site is not located in an officially designated wilderness area.




(2) Wildlife Preserves In addressing the issue of designated wildlife preserves, ATC consulted with the USFWS, which maintains a listing of designated wildlife preserves in the United States available on the USFWS website. In addition, ATC performed a site visit, reviewed site ownership and current zoning information, and researched the Florida Atlas & Gazetteer™ (DeLorme, 2002) and USGS Safety Harbor and St. Petersburg Quadrangle maps to document if the site is located in an officially designated wildlife preserve. According to the information reviewed, the site is not located in an officially designated wildlife preserve. (3) Listed and/or Proposed Threatened or Endangered Species or Designated Critical Habitats Section 7 of the Endangered Species Act (Act) of 1973 (16 U.S.C. §§ 1536) directs federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of listed species or designated critical habitats. In addition, Section 7 of the Act sets out the consultation process, which is further implemented by regulation 50 CFR § 402. The following represents an Informal Biological Assessment for the proposed activities. Threatened and Endangered Species In order to determine if the site is located in an area documented to have occurrences of listed and/or proposed threatened or endangered species, ATC reviewed the following:

• Florida’s Endangered Species, Threatened Species and Species of Special Concern Official Lists provided by the Florida Fish and Wildlife Conservation Commission (FFWCC)

• Species and Natural Community Summary for Pinellas County provided by the Florida Natural Areas Inventory (FNAI).

• Federally Listed Species list for Pinellas County provided by the USFWS No concerns were noted during the review of the above information. The Pinellas County Federally Listed Species list is included in Appendix B. Please note that ATC has provided Ridan with the USFWS tower siting guidelines, entitled Service Interim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning, dated September 14, 2000. As the noted guidelines may minimize the potential for avian collisions, the USFWS has recommended that they be implemented on existing and future telecommunication tower projects. Since migratory birds are documented to occur within the State of Florida, ATC has recommended that Ridan review and implement the USFWS tower siting guidelines when feasible. Migratory Birds The USFWS has made the following recommendations that may help reduce potential bird/tower strikes:

• Collocation on other structures, self supporting structures (instead of towers requiring guy wires for support) and total tower heights under 200 feet;

• Use white flashing strobe lights as dim and brief as legally possible, and flash time intervals as long as legally possible, instead of red lights when night lighting is necessary;




• Locate new towers in urban and suburban areas whenever possible and in rural areas only if absolutely necessary, preferably on disturbed sites and not in, on, or near wetlands, hill tops, forests, prairie grasslands, and other known major migratory bird stopover sites, or feeding, nesting, or roosting routes; and

• If tower height requires guy wires, use no more than absolutely necessary to insure tower stability, and attach bird deflector devices to warn birds of the existing hazard.

USFWS North Florida Field Office – Jacksonville, Florida The project site falls within the areas administered by the USFWS North Florida Field Office located in Jacksonville, Florida. Therefore, ATC reviewed the guidelines issued by the USFWS for inquiries related to towers no more than 199 feet above ground level and do not require guy wires. In addition, the proposed tower must be sited outside of the secondary zone (1,500 feet) of any documented bald eagle nest and that its construction and operation does not otherwise have an adverse affect on any other federally threatened or endangered species. For projects that meet the above criteria, the USFWS does not require consultation and has determined these activities are not likely to adversely affect any federally listed species, nor have any significant impacts on migratory birds or other Service trust resources. Based on the information obtained from the USFWS and site conditions, further evaluation of biological concerns in the area of the site is not warranted. Please refer to the General Clearance Letter for Proposed Cellular Communication Projects with Respect to Federally Listed Species, Migratory Birds, and Other Trust Resources from the USFWS office in Jacksonville, Florida included in Appendix C. Florida Fish and Wildlife Conservation Commission ATC searched the FFWCC's Eagle Nest Locator database for nests located in Section 11 and 14, Township 30 South, Range 16 East. According to the Eagle Nest Locator, there are no known bald eagle nests located at the site or within 1,500 feet of the site. Results of the bald eagle nest search are included in Appendix E. Designated Critical Habitats According to the USFWS, critical habitat “identifies specific areas that have the physical and biological features that are essential to the conservation of a listed species, and that may require special management considerations or protection.” ATC reviewed 50 CFR, Wildlife and Fisheries, Parts 17.94 through 17.96 and Parts 226.101 through 226.213 (dated October 1, 2004), for designated critical habitats that may exist in the vicinity of the site. The review of 50 CFR did not reveal the presence of designated critical habitats within a one-mile radius of the site. Based on the findings of this review, impacts to threatened and endangered species and designated critical habitats are not anticipated, and further evaluation of biological resources is not warranted. (4) Historic Places. May affect districts, sites, buildings, structures, or objects, significant in American history, architecture, archeology, engineering or culture that are eligible for listing in the National Register of Historic Places Section 106 of the National Historic Preservation Act of 1966 (NHPA, 16 U.S.C. §§ 470 et seq.) and its implementing regulations, “Protection of Historic Properties” (36 CFR Part 800), require federal agencies to take into account the effects of their undertakings on historic properties.




On January 5, 2005, the FCC, the Advisory Council on Historic Preservation (ACHP), and the National Conference of State Historic Preservation Officers (NCSHPO) entered into the NPA. As stated in section III of the NPA, “Undertakings that fall within the provisions listed in the following sections III.A. through III.F. are excluded from Section 106 review by the SHPO/THPO, the Commission, and the Council, and, accordingly, shall not be submitted to the SHPO/THPO for review.” As stated earlier, ATC has reviewed the project stated herein for its applicability to the commonly referred to Industrial Park, Commercial Strip Mall and Shopping Center Tower exclusion contained in Section III.D. of the NPA. Section III.D. of the NPA outlines the provisions of the noted exclusion:

• Construction of a Facility less than 200 feet in overall height above ground level (hereafter referred to as Provision 1)

• in an existing industrial park, commercial strip mall, or shopping center that occupies a total land area of 100,000 square feet or more (hereafter referred to as Provision 2)

• provided that the industrial park, strip mall, or shopping center is not located within the boundaries of or within 500 feet of a Historic Property, as identified by the Applicant after a preliminary search of relevant records (hereafter referred to as Provision 3); and

• Proposed Facilities within this exclusion must complete the process of participation of Indian tribes and NHOs pursuant to Section IV of this Agreement. (hereafter referred to as Provision 4)

Provision 1 has been met under the described exclusion. According to the information provided by Ridan, the proposed tower is less than 200 feet in overall height above ground level. Provision 2 has been met under the described exclusion. According to the information provided by Ridan and information obtained from the Pinellas County Property Appraiser, the proposed tower will be located in an existing industrial park that occupies a total land area of 100,000 square feet or more. Pinellas County Property Appraiser information for the parent parcel is included in Appendix E. Provision 3 has been met under the described exclusion. According to information reviewed from the National Register of Historic Places, the existing industrial park is not located within the boundaries of or within 500 feet of a Historic Property. National Register information for St. Petersburg, Florida is included in Appendix E. Provision 4 has been met under the described exclusion. In order to determine which Native American tribal groups may potentially have areas of cultural interest within this area of Florida, ATC reviewed the information obtained from the Bureau of Indian Affairs (BIA) and the National Native American Graves Protection and Repatriation Act (NAGPRA) database maintained by the NPS (http://www/cast/uark.edu/other/nps/nacd/). Information for the proposed project was posted on the FCC’s Tower Construction Notification System (TCNS) for thirty days. The information was forwarded to those leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively “Tribes”), Native Hawaiian Organizations (NHOs), and State and Tribal Historic Preservation Officers (SHPOs and THPOs) who selected Florida as a geographic preference on TCNS. Based on data obtained from the BIA, NAGPRA database, and TCNS, ATC consulted with the following Native American tribal groups regarding the proposed undertaking: Alabama-Coushatta Tribe of Texas,




Alabama-Quassarte Tribal Town, Miccosukee Tribe of Indians of Florida, Muscogee (Creek) Nation, Poarch Band of Creek Indians, Seminole Tribe of Florida, Seminole Nation of Oklahoma, and the United Keetoowah Band of Cherokee Indians in Oklahoma. Tribal consultation correspondence is included in Appendix D. As of the date of this report, ATC has received responses from all of the above tribes regarding this proposed project. The Native American tribal groups contacted for this evaluation have expressed no concerns. Based on review of the readily available documentation noted herein regarding the proposed development at the site, the commonly referred to Industrial Park, Commercial Strip Mall and Shopping Center Tower exclusion contained within the NPA applies to this project. Therefore, State Historic Preservation Office and/or Tribal Historic Preservation Office review is not required. (5) Indian Religious Sites Section 106 of the NHPA and its implementing regulations, “Protection of Historic Properties” (36 CFR Part 800), require consultation with Native American tribal groups regarding proposed projects and potential impacts to Native American religious sites. As stated in section III of the NPA, “Proposed Facilities within this exclusion must complete the process of participation of Indian tribes and NHOs pursuant to Section IV of this Agreement. If as a result of this process the Applicant or the Commission identifies a Historic Property that may be affected, the Applicant must complete the Section 106 review process.” Details on the tribal consultation completed for this project is discussed within Section 4, above, and details are included within Appendix D of this report. (6) Located in a Flood Plain (Executive Order 11988) According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, the site is located in Flood Zone AE, which is defined by FEMA as “special flood hazard areas inundated by 100-year flood with base flood elevations determined” (Map Number 12103C0143G, dated September 3, 2003). The base flood elevation in the area of the site is 9 feet. Based on the site location within a 100-year flood zone, an EA is required. A copy of the FEMA Flood Insurance Rate Map showing the site location is included in Appendix E. (7) Wetlands and Other Bodies, Change in Surface Features, Deforestation and Water Diversion (See Executive Order 11990 if wetlands are on federal property) Under the Clean Water Act (40 CFR § 230.3), wetlands are defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” Potential wetlands under the jurisdiction of the United States Army Corps of Engineers (ACOE) include waterways, lakes, streams, and natural springs. As shown on the USGS Safety Harbor and St. Petersburg Quadrangle maps, the site is not located adjacent to surface waters. The nearest surface water source to the site is Old Tampa Bay, which is located approximately 2.4 miles north and east of the site.




During the completion of the site inspection performed by ATC, there was no evidence of potential wetlands or hydrophytic vegetation in the area of the site. Further, according to the United States Department of Agriculture (USDA) Soil Survey of Pinellas County, Florida, soils at the site are classified as Elred fine sand. This is a nearly level, poorly drained soil. The permeability is rapid to a depth of about 30 inches, moderate between 30 and 35 inches, and rapid below this depth. ATC reviewed the USFWS National Wetlands Inventory map for the USGS Safety Harbor and St. Petersburg Quadrangle maps. The review of the USFWS National Wetlands Inventory map confirmed that wetlands are not located on or in the immediate vicinity of the site. A copy of the USFWS National Wetlands Inventory map showing the site location is included in Appendix E. Deforestation is not proposed for the project because no trees will be required to be removed for construction purposes. In addition, since there are no surface water bodies near the site, water diversion and impacts to surface water features are not anticipated as a result of the project. Based on the referenced information, wetlands, surface features, deforestation and water diversion are not anticipated to represent an environmental concern for the development of the site. (8) High Intensity White Lights According to Ridan, high intensity white lights used for tower illumination will not be necessary. CONCLUSIONS/RECOMMENDATIONS Based on the review of readily available published information, the proposed Ridan Site Number FL1071, St. Pete Landfill may affect the FCC special interest item Located in Flood Plain (6), as outlined in 47 CFR Section 1.1307 (a) (1) through (8). Thus, the preparation of an EA is warranted. The findings of this Environmental Summary Report and Checklist are based on the project location, project type, and other relevant information provided to ATC by Ridan. Please note that should the proposed development at the site, as stated in this report, be altered, reevaluation of this report should be completed by ATC prior to the construction of the site. We appreciate the opportunity to be of service to Ridan for this project and look forward to working with you on future projects. If you have any questions about information in this report, please contact Ms. Michelle Evans in the ATC-Tampa, Florida office at (813) 889-8960. Sincerely, ATC ASSOCIATES INC. Michelle Evans Jeff L. Cowan Senior Project Manager / Historic Preservation Planner National Client Manager




Attachments: NEPA Land Use Checklist Appendix A Site Vicinity Map and Site Plan Appendix B Pinellas County Federally Listed Species List Appendix C General Clearance Letter for Proposed Cellular Communication Projects with Respect to Federally Listed Species, Migratory Birds, and Other Trust Resources from the United States Fish and Wildlife Service Office in Jacksonville, Florida Appendix D Section 106 Documentation Appendix E Supporting Documentation

NEPA LAND USE CHECKLIST Prepared for Ridan Industries, LLC

Site #: FL1071

Site Name: St. Pete Landfill

Site Address: 11701 28th Street North, St. Petersburg, Pinellas County, Florida 33761

Coordinates (NAD 83): N Lat: 27 52’ 40.64” W Lon: 82 40’ 11.57”

Expert Federal / State Jurisdictional Agencies

Summarize any preliminary finding of positive effects

Check one box

Positive Negative

1. Wilderness Area National Park Service, U.S. Forest Service, Bureau of Land Management, National Wilderness Preservation System

X

2. Wildlife Preserve U.S. Department of Interior—Fish and Wildlife Service (USFWS), National Wildlife Refuge System

X

3. Endangered Species

U.S. Department of Interior—Fish and Wildlife Service (USFWS), National Wildlife Refuge System

X

4. Historic Place Section 106 Review for submittal to SHPO

X

5. Indian Religious Nationwide Programmatic Agreement for the Collocation of Wireless Antennas

X

6. Flood Plain Federal Emergency Management Agency

X

7. Surface Features (e.g., Wetlands, Floodways)

Army Corps of Engineers X

8. High Intensity White Lights

Federal Aviation Administration

X

The undersigned has reviewed and approved the completion of this NEPA Checklist for the above-mentioned site. Prepared by: ATC Associates Inc., 5602 Thompson Center Court, Suite 405, Tampa, Florida 33634 Signature: Title: Senior Project Manager/Historic Preservation Planner Printed Name: Michelle Evans Date: December 6, 2005




Appendix A

Site Vicinity Map and Site Plan




Appendix B

Pinellas County Federally Listed Species List




Appendix C

General Clearance Letter for Proposed Cellular Communication Projects with Respect to Federally Listed Species, Migratory Birds, and Other Trust Resources from the United

States Fish and Wildlife Service Office in Jacksonville, Florida




Appendix D

Section 106 Documentation




Appendix E

Supporting Documentation

nepa environmental summary report and checklist

Documents