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Agenda 03/25/2025 Item # 8A (Resolution - Conditional use to allow a 350-foot-tall communications tower on an essential service site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay)3/25/2025 Item # 8.A ID# 2025-686 Executive Summary This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a 350-foot-tall communications tower on an essential service site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code, located on approximately 5,217+ square feet of a 5.34+ acre tract located at the Ochopee Fire Control Station 66, 40808 Tamiami Trail E, Ochopee, in Section 35, Township 52 South, Range 30 East, Collier County, Florida; and authorize the County Attorney to file a lawsuit to resolve the property's deed restriction language. (PL20230011384) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The request is to install a 350-foot-tall communications tower with the associated compound area at the base of the tower for accessory equipment. The parent parcel is ±5.34 acres, and it is occupied by the Ochopee Fire Control Station 66. The Collier County Board of County Commissioners is the governing Board of the Ochopee Fire District. The 3,480-square-foot fire station dates back to 1977. The Concept Plan submitted with the petition depicts the proposed tower to the rear of the Fire Station, with a proposed 20-foot-wide ingress/egress and utility easement connecting to Tamiami Trail along one of the two existing driveways. The proposed communication tower is an essential service for fire protection and will enable transmissions of the State of Florida State Law Enforcement Radio System (SLERS) and Collier County P25 800Mhz Public Safety critical communications radio system. The tower is proposed because of a forced relocation from the tower that exists approximately 5.4 miles to the west at the intersection of Tamiami Trail East and State Road 29, known as “Carnestown.” See Attachment B for the County Manager’s explanation of the public safety purpose of the proposed tower. Land Development Code Section 4.02.14 and the Florida Administrative Code establish strict design standards for development in the Big Cypress ACSC/ST Overlay district. Absent an agreement between Collier County and the state land planning agency (formerly Florida Department of Economic Opportunity, now Florida Department of Commerce) pursuant to Section 380.032(3), Florida Statutes, site alteration is limited to 10% of the site (but with a minimum allowance of 2,500 s.f.) and non-permeable surfaces cannot exceed 50% of that 10%. The petitioner indicates that compliance will be maintained with the applicable design standards. The Concept Plan submitted with the Conditional Use request indicates that alteration is limited to approximately 10% of the site; the non-permeable surface is limited to 0.27 acres, or 50% of the altered area. The petition was originally submitted prior to the February 27, 2024 adoption of Ordinance 2024-05, an LDC Amendment related to wireless communication facilities. The petitioner opted to proceed with the conditional use review process subject to the LDC provisions that applied prior to the LDC Amendment. See Attachment C for the standards of LDC section 5.05.09 that applied (effective through Ordinance 21-05) prior to the enactment of Ordinance 2024-05. Per LDC 5.05.09.G.3. effective through Ordinance 21-05: Specified conditional uses – Towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff’s substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. Page 302 of 5415 3/25/2025 Item # 8.A ID# 2025-686 Per LDC section 5.05.09.G.7. effective through Ordinance 21-05, towers on essential service sites were excepted from separation requirements. Therefore, the proposed separations displayed on the Concept Plan comply with applicable standards. Per the petitioner’s fall zone letter (see Attachment D), the fall zone radius is 250 feet measured from the base of the tower. To the north and south is the Big Cypress National Preserve. To the west is also Preserve land, beyond which is a residential property. The residential property is just over 250 feet from the proposed tower. To the east of the subject site is the Skunk Ape Research Headquarters and Trail Lakes Campground, zoned CON-ACSC/ST. Other petitions associated with this Conditional Use request have been submitted: • Administrative Variance (PL20240010755) was approved allowing a fence waiver. • Site Development Plan (PL20230016462) is pending review. • Zoning Verification Letter (PL20230003893) was issued verifying the radio tower for public safety communications is a Conditional Use per LDC sections 2.03.09.B.1.c.2. and 2.01.03.G.4., subject to Section 5.05.09. Section 4.02.14.F. of the LDC states that approval of a site alteration plan or site development plan for development in the ACSC/ST district requires review by the Planning Commission and Environmental Advisory Council and approval by the Board of County Commissioners, except that the site development plan may be administratively approved if a conditional use has been approved. Federal Law It should be noted that Section 704 of the Telecommunications Act of 1996, codified at 47 USC 332(c)(7)(B)(iv) (attached in part as Attachment G to this Executive Summary), prohibits environmental concerns (or health concerns) as a reason for denial of cell towers by a local jurisdiction. If denied, it should not be based on health affect, but rather one of the findings specified in LDC Section 10.08.00.D: (1) Consistency with the LDC and GMP; (2) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (3) The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; (4) Compatibility with adjacent properties and other property in the district. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition CU-PL20230011384 on February 6, 2025, and unanimously recommended approval. One public speaker was present to speak against the item. Jack Shealy, owner of the neighboring Trail Lakes Campground and Skunk Ape Headquarters, voiced concerns that the tower would not be compliant with deed restrictions included in O.R. Book 677, Page 986 (included in Attachment B); the tower is not necessary or appropriate; and the tower will have a negative impact on esthetics of the surrounding Everglades area. Nathaniel Hinkle, Collier County Public Safety Telecommunications Manager explained the impending loss of the Carnestown tower site would result in a loss of radio coverage for public safety communications. The proposed tower will provide the communication services needed for 911 and the Greater Naples Fire Department in Ochopee, the Sheriff’s Office, the Florida Highway Patrol, and the National Park Service. Conner Cardwell, Communications Commander of the Florida Highway Patrol and Security Manager for the State Law Enforcement Radio System (SLERS), stated the new tower would provide the necessary coverage for the SLERS network used by several state agencies and emergency service providers. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does require an Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, the project is a conditional use within the Area of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay. The EAC heard Petition CU- PL20230011384 on February 6, 2025, and unanimously recommended approval. Page 303 of 5415 3/25/2025 Item # 8.A ID# 2025-686 This item is consistent with the Collier County strategic plan objective to support and enhance our commitment to robust public safety services. FISCAL IMPACT: The Conditional Use (CU) is proposed by the Board of County Commissioners. The tower facility is a public facility proposed to fulfill safety needs for the area and is budgeted accordingly. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: The site is within the Conservation designation and Big Cypress Area of Critical State Concern (ACSC) on the Future Land Use Map and is zoned Conservation zoning district and Big Cypress Area of Critical State Concern Special Treatment Overlay (CON-ACSC/ST). Conservation designated lands allow for essential services necessary to ensure public safety. The proposed petition for a communication tower at the Ochopee Fire Control Station, which was initiated by Collier County Emergency Management, is considered to be essential for providing direct assistance on matters of security, fire safety, and personal welfare. According to the FLUE this use is deemed allowed within the Conservation designation and thus the proposed Conditional Use is deemed consistent with the Future Land Use Element. According to the information provided by the applicant the proposed EMS Communication Tower Ochopee, will generate a de minimis number of maintenance related trips monthly based on similar facilities in Florida. Normally, this can be approximately 1 trip per month depending on the facility. Therefore, the subject Conditional Use is found consistent with Policy 5.1 of the Transportation Element of the GMP. Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is located with ACSC overlay and consists of 4.43 acres of native vegetation onsite. A minimum of 0.66 acres of preserve is required; the preserve shall be placed under preservation and dedicated to Collier County. The GMP is the prevailing document to support land use decisions, such as this proposed Conditional Use. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any conditional use petition. Based on the review above, this request can be found consistent with the GMP. LEGAL CONSIDERATIONS: Conditional Use Before you is a recommendation by the CCPC and EAC for approval of a conditional use authorizing a telecommunications tower within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST). A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the CCPC and EAC are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the petitioner or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the petition is by Resolution. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or Page 304 of 5415 3/25/2025 Item # 8.A ID# 2025-686 other legal authority for the denial. Deed Restriction The proposed communications tower will be co-located with the Ochopee Fire Station. The property was gifted to the County in 1977 with the following restriction: “THIS CONVEYANCE is made for the purposes of providing property to be used for fire protection and associated uses, and if the premises fail to be used for such purposes, or are ever used for any other purpose, then the land shall immediately revert to the Grantor, her heirs or assigns.” The proposed communications tower appears to be an acceptable associated use for fire protection. But the Grantor’s heirs believe this use would violate the deed restriction and title to the land should revert back to them should the communications tower be built. By filing a declaratory action in the circuit court, the County will resolve any dispute as to whether the proposed communications tower violates the deed restriction before the communications tower is constructed. This item has been approved as to form and legality, and it requires an affirmative vote of four for Board approval. - DDP RECOMMENDATIONS: To approve Petition CU-PL20230011384 subject to the conditions as included in the attached Resolution: 1. All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 2. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. and authorize the County Attorney to file a lawsuit to resolve the property's deed restriction language. PREPARED BY: Ray Bellows, AICP, Zoning Manager ATTACHMENTS: 1. CCPC Staff Report 2. Att A - Resolution -02262025-161707 3. Att B - County Manager Statement 4. Att C - 5.05.09___Communications_Towers Rev. 4-30-2021 5. Att D - FALL RADIUS LETTER SS 6. Att E - MOSQUITO CONTROL EMAIL 7. Att F - Application Backup-CCPC PACKET 8. Sign Affidavit and Photo 9. legal ad - agenda ID 25-686 - EMS Communications Tower Ochopee (CU) (PL20230011384) BCC 3-25-2025 Page 305 of 5415 Page 306 of 5415 Page 307 of 5415 Page 308 of 5415 Page 309 of 5415 Page 310 of 5415 Page 311 of 5415 Page 312 of 5415 Page 313 of 5415 Page 314 of 5415 Page 315 of 5415 Page 316 of 5415 RESOLUTION NO. 2025 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A 3s0-FOOT-TALL COMMUNICATIONS TOWER ON AN ESSENTIAL SERVICE SITE WITHIN THE CONSERVATION ZONING DISTRICT (CON) AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN SPECIAL TREATMENT OVERLAY (ACSC/ST) PURSUANT TO SECTIONS 2.03.09.8.1.c.5 AND s.05.09 OF THE COLLIER COUI{TY LAND DEVELOPMENT CODE, LOCATED ON APPROXIMATELY 5,217* SQUARE FEET OF A 5.34+ ACRE TRACT LOCATED AT THE OCHOPEE FIRE CONTROL STATION 66, 40808 TAMIAMI TRAIL E, ocHopEE, IN SECTION 35, TOWNSHIP 52 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (PL20230011384) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 725, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, pursuant to Collier County Code of Laws Section 2-1193(m)(5)b., the Collier County Planning Commission, also sitting as the Environmental Advisory Council (EAC), on February 6, 2025, considered the proposed conditional use application and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of Zonrng Appeals (BZA), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow a 350-foot-tall communications tower on an Essential Service Site within the Conservation Zonrng District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to sections 2.03.09.8.1.c.5 and 5.05.09 (prior to Ord. No. 24-05, $ 3.N) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made conceming all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [24-CPS-02458 I t9 12822t 1l s8 EMS Communications Tower Ochopee cu-PL202300 t t 384 2126t2025 Page 1 of2 CAOPage 317 of 5415 WHEREAS, all interested parties have been given opportunity to be heard by this BZAin a public meeting assembled and the BZA having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number PL20230011384 filed by Jeff Davidson, P.E., of Davidson Engineering, Inc., on behalf of the Board of County Commissioners of Collier County, Florida, as Governing Board of the Ochopee Fire District, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use to allow a 350-foot-tall communications tower on an Essential Service Site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concem Special Treatment Overlay (ACSC/ST) pursuantto sections 2.03.09.B.1.c.5 and 5.05.09 (priorto Ord. No.24-05, $ 3.N) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board of Zoning Appeals. This Resolution adopted after motion, second, and super-majority vote, this 25th day of March 2025. ATTEST: CRYSTAL K. KINZEL, CLERK By , Deputy Clerk Approved as to form and legality Derek D. Perry Assistant County Attomey [24-CPS-02458 I 19128221 1) 58 EMS Communications Tower Ochopee cu-PL2023 00 1 1384 21 26 I 2025 BOARD OF ZONING APPEALS COLLIER COLINTY, FLORIDA By: Burt L. Saunders, Chairman Attachments: Exhibit "A)) - Legal Description Exhibit "B" - Conceptual Site Plan Exhibit "CD - Conditions of Approval Page 2 of 2 cao Page 318 of 5415 o()t069'0I 59lllsn[ 0]Sr{)nu@Ptbt3 r 91919! 86. &ITUIJWTIEJtol,[!5 mID)sd)aa]tSU]gVNVW tloDNUISNO]slsrrNms I sulmna I su:tlrgur rfx oa 7EEfl63 drJ=*'l- IE.B:tpEH votuo-U '[Nnoc 83trlotr '( u 3 o '996 cd 'zz9 s'u'o) Err':l ot 3cilr'8'Hrjlos zE drHsNi or (llwl trMilvr) !t, s'n lo Hrnos cNr -'r 'gc Nou-c3s ro(z/! l) nvH-rsvr iHL Jo (z/t 3) JvH-rs.lrr 3HL )o (z/t il) .'vH-rsr,sa{r lo (z/ | ,{) .fvH-lsl'$ lHL ro (z/ t 3) nvH-rsrr.l 3Hl ro Nou.aod lvHr E IdeflgdPI99 Notrvrs touJ.Noc luB lldoHSoNOIJdIUCSf,O T HCISXSZt 09x-N&\ol_slNtvc-.\f OU OlO l,"l -) 6 I ZOO|Z InCMC'L09X_OS-CV3 CO OOrNc ->- C!'=Ooo\oFTOST.(! slnr'N-3 xs-oIsE(YLofxuuy.OprH=:Ho ^91 -ti<=0):\<o -endY,<O-555I|;Od(IId>Lrr -^+$;sHEtlzgooZFoi?!ob=.tree6=U;EAEE==> tzLh u!o=lEmEd6{o-u<=(au.rLru() - T<,^o-=o=^u.l il. rt?EE63Eza-fYLEr:hE>-o-iiLil= -L l-Y-+ -o(,LNl.:olooft6rofi[r.Es=E+i863 =tLzagl<+9=395 Eala.HEFtioq<L EEF?;!Eodb<oi l-=+qtmir -Yz EeEHqB -o-)=aa riiF (J E FtrtrlO 3Eia3.-5sF-k'- -d-F@u-O() F34ea9f4<tOUxuu6>ci5-^.I! 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NOTE: SURFACE WATER MANAGEMENT TO MEET SFWMD STANDARDS. 13.65' 5ll_JL SETBACK EXHIBIT "B'' d eq" 96t €o. 13.65' SIDE SETBACK >< x l \..,ovr\oo ."d-d* &LJO- t/)x t-t 38.58' PROVIDED SIIBACK 7A.O4', PROVIDED SfTBACK J5.98' PROVIDED SIIBACK F*do, .iais:* OEA "SFTBAEK " 152 =: 0.66 ACRES (REOUIRED) = 4.43 ACRES (PROVIDED) i I BUILDING SETBACKS ooJ Ld .J ao :a o<.LJ@ -o !-* -Uirn - a.[. I x\ /i" trLEJolll,N0i e;ro)-o c-.1 E -"o-I t-It :::I."f PARKING REOUIREMENTS: COMMUNICAT]ON TOWER 2 SPACES REQUIRED2 SPACES PROVIDED PRESERVE CALCULATIONS: AREA (EX. NATTVE VEGETAION )4.43 ACRES r 152 4365 Radio Road, Suite 201 Naples, Flodda 3,1104 P 239 434 6060 ComFny Cen otAdhoEaron No mmq$ DAVIDSON EST^BLISXED SCALE:1"=40' CONDITIONAL USE MASTER PLAN (JANUARY 9,2025) PROPERTY LINE PROVIDED PARKING !osk\o FF N$ PROPOSED 20' NON-EXCLUSIVE INGRESS/EGRESS AND UTILITY EASEMENT TO RIGHT-OF.WAY IF AREA IS ALTERED DURING CONSTRUCTION IT WILL BE RE-VEGETATED PER COLLIER COUNTY LDC REQUIREMENTS PROPERTY LINE PROPOSED 10'x20' LEASE AREAS PROPOSED 12' WIDE ACCESS GATE PROPOSED 1364 LF FENCE COMPOUND15,217 SF OF COMPOUND (INSIDE FENCE)PROPOSED GENERATOR (152 SF GENERATOR PAD) AND (2) 500 GAL PROPANE TANKS (tl40 SF PAD) PROPOSED 350'SELF SUPPORTING TOWER (+85 SF OF TOWER FOOTER) _x PROPOSED 12'x24' EQUIPMENT SHELTER PROPERTY LINE I PRESERVE AREA 14.43 AC FRONT YARD (NoRrH) SIDE YARD (EASr/wESr) REAR YARD (soLnH) REQUIRED 40'13.6s'l13.65'30' PRoVTDED (SHELTER)166-27'3s.98'/-73.45',1,2A5.12' {,ROVTDED (roWER)1 68.64 to.o4'/38.s8'1,291.29' ,/ CAOPage 321 of 5415 1 2 EXHIBIT (6C)' C onditio ns of A-Bl rorral All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. [24-CPS-02 4s I I 1 9 t 43221 t]Page 1 of 1 CAOPage 322 of 5415 Collier County )uly 15, 2024 Collier County Growth Management & Community Devetopment Department 2800 N. Horseshoe Drive Naptes, FL 34104 Re:Letter of No Objection - Ochopee Communications Tower (PL2023001 1384) Address - 40808 Tamiami Trait E., Ochopee, Fl 34141 To Whom lt May Concern: Ptease accept this tetter of no obiection on behatf of the Cottier County Board of County Commissioners, as governing Board of the Ochopee Fire District, for the proposed Conditionat Use apptication f or the instatlation of a 91 1 commu nications tower at Fire Station 66 in Ochopee, FL. Th is tower is essentiat for ensuring the safety and effective response of Pubtic Safety-First Responders in Cottier County, inctuding the State of Ftorida State Law Enforcement Radio System (SLERS). The project is being pursued because of a forced relocation from an existing tower tocated at the southeast corner of Tamiami Trait East and State Road 29 (known as "Carnestown"). Faiture to retocate the tower woutd result in the significant loss of pubtic safety radio coverage in southeastern Cottier County, atong US 41 towards the Dade County tine. ln addition, the Cottier County Board of County Commissioners, as governing Board ofthe Ochopee Fire District, confirms the proposed communication tower use is an essentiat service for fire protection and associated uses, and is consistent with the reverter cta use contained in the warranty deed, oR Book 677 PG 986, conveyingthe tand to Cottier County. Respectfu tty, Amy Patt son County Manager Office 3299 Tamiami Trail East. Naples, FL 34772 . Phone: (239) 252-4311 www.colliercountyfl.gov County Manager Page 323 of 5415 Page 324 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 1 of 14 5.05.09 Communications Towers A. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to commu nications towers, section 5.05.09. 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches. 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than 6 miles. 4. "Unavailable to theapplicant" means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant'stower, antenna, and related facilities. 5. "Unavailable" means that no additional tower or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mountedtowers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. Page 325 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 2 of 14 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers, within the effective radius, that can possibly accommodate the needs of the applicant. The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant. A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconformingstructure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased. 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant, the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant. 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cab le to be used. Page 326 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 3 of 14 g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower,antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site, the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. c. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the towerstructure shall be included. f. Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222 -E), or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant. To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up -to-date, the plan shall be brought up- to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. Page 327 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 4 of 14 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower, unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the max imum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers, ancillary equipment, and accessory uses. Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconformingstructure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconformingtower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by the County Manager or designee; Page 328 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 5 of 14 d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans a nd amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconformingstructure. The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessorybuildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming. The shared use plan shall be immediately updated to reflect each change. 9. For each tower with a height in excess of 185 feet that is approved, the towerowner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the towerowner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from Page 329 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 6 of 14 another government. To the extent that correct and up -to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 5.05.09 G.7. below, towers may be allowed to any height as a conditional use in the Estate (E) zoning district only on parcels designated as Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved for a specified essential service listed in subsection 5.05.09 G.3. below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 ½) times the height of the tower.) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. b. Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height. c. All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. Page 330 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 7 of 14 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional useessential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade, are permitted within these zoning districts. 5. Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers, antenna structures, and antennas. a. Rooftop towers, antenna structures, and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers, antenna structures, and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty (20) feet above the average natural grade, an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure, tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure, and antennas. Page 331 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 8 of 14 vii. The building and roof shall be capable of supporting the roof-mounted antenna, structure, and tower. viii. No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower, or antenna structure. 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF -12, RMF- 16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one- half (½) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. c. Communication towers in the Estate (E) zoning district shall be separated from residentially zoned properties as follows: i. New towers up to 75 feet in height shall be located not less than the total h eight of the tower and antennas from all residentially zoned properties. ii. New towers over 75 feet in height shall be located not less than two and one -half times the height of the tower and antennas, or the certified collapse area, whichever distance is greater, from all residentially zoned properties. 8. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 9. Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County -owned land available for towers and ancillary facilities at reasonable rents. 10. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty -five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street. All equipment shall comply with the then applicable noise standards. Page 332 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 9 of 14 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and accessory structures shall be fenced. This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade. 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or re gulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) years. Self -supporting towers shall be inspected every five (5) years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Towerstructure: Including bolts, loose or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the Page 333 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 10 of 14 subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. 18. All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit. 19. Within the proposed tower'seffective radius, information that specifies the tower's physical location, in respect to public parks, designated historicbuildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. 25. Communication towers in the Estates (E) Zoning District. Communication towers are allowed on parcels designated as Urban or Rural Golden Gate Estates Sub - element in the Golden Gate Area Master Plan and are subject to the following: a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. b. The communications provider has provided evidence that the communication provider's search radius for tower placement requires placement of the tower in the Estates Zoning District to Page 334 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 11 of 14 meet its coverage requirements and the tower cannot be co -located on an existing tower and provide the same service coverage. c. All security and site lighting shall be less than 20 feet above grade, fully shielded, and directed away from neighboring properties. d. Fencing height and landscaping. The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet. A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. H. Alligator Alley communication towers. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the I -75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers. The four (4) new telecommunication tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; c. The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 Rest Area. It will replace an existing tower located on the north side of I-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas; e. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the I-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (½) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is mainta ined on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. 4. Access. Physical access to each tower site shall be as approved by FDOT. 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower. 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and Page 335 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 12 of 14 other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns. 7. A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval. 8. Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the I-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. 10. The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. a. As all such facilities must be located within the I-75 right-of-way, the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non- governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower. I. Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service. 1. These facilities are essential services. 2. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. 3. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide informat ion as to the provider's compliance with federal regulations to the extent then authorized by federal law. The Page 336 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 13 of 14 County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 4. Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 6. Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 7. Default approval. a. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; ii. The County fails to either grant or deny the applied -for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. The applicant has not agreed to an extension of time, as provided in paragraph (8) below. b. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. Page 337 of 5415 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 14 of 14 In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed t o be granted if the BCC fails to take final action at that time. 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. (Ord. No. 05-27, § 3.HH; Ord. No. 20-16 , § 3.H; Ord. No. 21-05 , § 3.K) Page 338 of 5415 April 21, 2024 Jake Hebert Custom Tower LLC 402 Facile Road Scott, LA 70583 RE: Tower 250-ft Fall Radius Carnestown, Collier County, Florida Dear Mr. Hebert, KCI Technologies, Inc. has reviewed and ensured that the tower will be in compliance with the 250-ft fall zone radius for Collier County. The tower has been designed to comply with TIA-222-H and the 2020 Florida Building Code. The tower design incorporates a section within the to be the highest capacity. Therefore, under the TIA design criteria, if the design limits are exceeded, the tower member with the highest capacity will lead to failure at that particular section of the tower. This tower has been designed with the diagonal bolts at the 100-ft elevation of the 350-ft tall tower, which is the highest capacity member. The bracing bolts will fail in shear and will cause the tower to “fold over” and reduce the wind load in the remainder of the tower. This will allow the tower to remain within the desired fall radius per the zoning criteria as the maximum distance of tower “folding over” will be 250-ft measured from the base of the tower. Please note that this assumes that the steel members and bolts have meet the AISC standards, the tower has been properly fabricated and installed and that the loading on the tower is identical to the loading the tower was designed for. Any deviations may result in a failure mechanism different from that which was designed. If you have any questions or concerns, please contact the undersigned at (919) 278-2478. Sincerely, Eric Kohl, P.E. Senior Associate / Practice Leader 04/21/2024 Page 339 of 5415 Tocia Hamlin From:Patrick Linn <PLinn@cmcd.org> Sent:Tuesday, October 29, 2024 1:14 PM To:Jeff Davidson Cc:Tocia Hamlin; Brandon Copper; Kevin Dunleavy Subject:RE: New Tower for Collier EMS - Ochopee Afternoon Jeff: The information you sent serves nicely. Please consider this email as confirmation that the proposed project is, in fact, outside of our current District boundaries, needs no approval from CMCD, and should not negatively affect our airborne efforts. Indeed, if you’ve been here long enough to remember the DC-3’s, you know just how much times have changed. Thanks kindly for the response, and best for a pleasant day, Patrick Linn, MS, MSHAPI Executive Director Collier Mosquito Control District 600 North Road, Naples, FL 34104 239.436.1000 | Main 239.293.3685 | Mobile Direct 239.436.1005 | Fax www.cmcd.org Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Jeff Davidson <Jeff@davidsonengineering.com> Sent: Tuesday, October 29, 2024 12:56 PM To: Patrick Linn <PLinn@cmcd.org> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com>; Kevin Dunleavy <KDunleavy@cmcd.org> Subject: RE: New Tower for Collier EMS - Ochopee Patrick, Thanks for the reply to my email. Attached please find a few items that will show you more about the proposed Ochopee tower. Rather than send our engineering drawings I sent a few pages out of the environmental report and a survey with a location map, due to the large size of our files, The proposed tower site looks to be out of your area. Page 340 of 5415 I think all we need is an email from you stating that. We can provide any additional information you need now or in the future. I sure miss the early morning DC-3 raids like in the old days. Thanks for your help. Je( Jeff Davidson, P.E. President Davidson Engineering, Inc. Main: 239.434.6060 Jeff@davidsonengineering.com www.DavidsonEngineering.com From: Patrick Linn <PLinn@cmcd.org> Sent: Monday, October 28, 2024 4:00 PM To: Jeff Davidson <Jeff@davidsonengineering.com> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com>; Kevin Dunleavy <KDunleavy@cmcd.org> Subject: RE: New Tower for Collier EMS - Ochopee Good afternoon Jeff: Thanks for your note and questions. I’m also glad to hear that you were treated nicely – that is a point of pride with this team . Indeed, several years ago, we requested to be a stop in the approval process for new towers in our area (read: Collier County), not because we were looking to halt progress, but so that we may be made aware of new “obstacles” in the County. Our pilots keep a GPS database of obstacles (and their respective heights AGL) within the District and beyond (where appropriate and necessary). Although we do engage in frequent obstacle reconnaissance flights, it is helpful to be made aware of what’s expected to be built, and when. As you might conclude, we do a lot of flying in the so-called "wire environment”, where unknown obstacles could make for disastrous consequences. Most of our nighttime flying is completed at 300 feet above ground level. Daylight missions may be as low at treetop level. Although The District recently expanded its boundaries (October 1) to include Port of the Islands, we are still well west of the Ochopee area, as well as the intersection of 29 and 41. A map of the new boundaries (shown in green) is attached. Historically, we’ve received a copy of the basic plans for towers (including height, expected construction timing, and lighting status) from the responsible entity. If you’d be so kind, please provide the aforementioned (information in parentheses) when convenient. I/we would be happy to provide any process-required approval/acknowledgement once we have same. We’ll also make a note in our GPS database. The District certainly does not wish to hinder progress in constructing this important communications tower. Please correspond directly with me and I will be sure to turn things around quickly. Please also let me know if can answer any questions or concerns you may have in the interim. The District’s Chief Pilot, Kevin Dunleavy, is copied on this email. Regards, Patrick Linn, MS, MSHAPI Executive Director Page 341 of 5415 Collier Mosquito Control District 600 North Road, Naples, FL 34104 239.436.1000 | Main 239.293.3685 | Mobile Direct 239.436.1005 | Fax www.cmcd.org Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Jeff Davidson <Jeff@davidsonengineering.com> Sent: Monday, October 28, 2024 2:42 PM To: Patrick Linn <PLinn@cmcd.org> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com> Subject: New Tower for Collier EMS - Ochopee Mr. Linn, I got your name from Jenn there your o(ice (real nice lady by the way). We are working to get county approval for a new 350’ communication tower just east of Ochopee. It is for Collier County Emergency Management for communication purposes. The Feds purchases the land at Carnes Town (us.41 and sr 29) and are requiring that existing tower to be demolished, therefore the push to get this new tower up and running. The county code requires that we provide someone at your o(ice with the plan and get feedback. I assume it has to do with air safety. Please let me know where we can send our plans etc. It sounds like the county needs proof that this happened before they will approve our plan. Thanks for your assistance. Je( Jeff Davidson, P.E. President Main: 239.434.6060 Jeff@davidsonengineering.com www.DavidsonEngineering.com Page 342 of 5415 Revised 2023 Page 1 of 12 A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent(s): _____________________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Application for Public Hearing for Conditional Use LDC subsection 10 Chapter 3 of the Administrative Code Page 343 of 5415 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: •If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 344 of 5415 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 345 of 5415 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a.Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b.Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c.Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d.Describe the site’s and the proposed use’s compatibility with adjacent properties and o ther properties in the district. e.Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 346 of 5415 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: ____________________ d.Package Treatment Plant (GPD Capacity): ___________________ e.Septic System TYPE OF WATER SERVICE TO BE PROVIDED a.County Utility System b.City Utility System c.Franchised Utility System PROVIDE NAME_______________ d.Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A.Water-Peak: _______ Average Daily: ________ B.Sewer-Peak: _______ Average Daily: ________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 No utility connections proposed, only a communication tower is proposed. Page 347 of 5415 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 348 of 5415 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 349 of 5415 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Required Not Required Completed Application Cover letter briefly explaining the project Pre-Application Notes Affidavit of Authorization, signed and notarized Completed Addressing Checklist Property Ownership Disclosure Form Warranty Deed(s) Boundary Survey Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions (with all required attachments & sketches) Environmental Data Requirements, pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. Traffic Impact Study (TIS) or waiver Historical and Archeological Survey, or waiver Electronic copy of all documents and plans Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 No utilities proposed no screening required no LB required Page 350 of 5415 Page 9 of 12 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. •Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management or EMS: Conservancy of SWFL: GMD Graphics City of Naples: Utilities Engineering: Drew Cody Parks and Recreation: Immokalee Water/Sewer District: Other: School District (Residential Components): Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 351 of 5415 Page 10 of 12 FEE REQUIREMENTS  Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting)  Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee  Comprehensive Planning Consistency Review: $300.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00  Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00  Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00  Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 352 of 5415 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: •Date, time, and location of the hearing; •Description of the proposed land uses; and •2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Revised 2023 Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Page 353 of 5415 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: •Date, time, and location of the hearing; •Description of the proposed land uses; and •2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Revised 2023 Page 354 of 5415 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 3 Page 355 of 5415 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 356 of 5415 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Jeff Davidson, P.E. - Agent for Owner 1/9/2025 Page 357 of 5415 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)P1202300r r364 Aw,q Elttrson ,", 0;wnlrt l'lonoqer(print name)(title, ift, a U pplcaotM nder oath, that I am the (choose one) owner applicant contra lcdmpany, lf app*able), swear or affirm ct purchaserIand that: f collter colnty 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions jn this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honesl and true;3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l aUthOfiZe oavdson Ensine€nng,lnc to act as our/my representative in any matters regarding this petition including 1 through 2 above *Nores: . lf the applicant is a corporation, then it is usually executed by the corp. pres. orv. pres. . lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typica y be signed by the Company's "Managing Member.". lf the applicant is a paftnership, then typically a partner can sign on behalf of the partnership.. lf the applicant is a limited painership, then the general paftner must sign and be identified as the "general padner" of the named partnership. c lf the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's sratus, e.9,, individual, corporate, trust, paftnership, and then use the appropriate format for that ownership. Under penalties of periury, I declare that I have read the foregoing Affidavit of Authorization and that the s stated in it a true. fi lrc1l 73 Signature Date I he foregoing instrument was acknowleged before me by means of lfinysicatpre ence or Eonline notarization this STATE OF FLORIDA COUNry OF COLLIER Such person(s) Notary Public must check applicable box 6e personally *nown to me lilAFlA PIZARRO Notary Publlc Stat. of Flodd. Comm# HHf768/t E4lrt6 9n027I Has produced a current drivers license Notary Signature C cP\0&coA-001l5\155 Rfv 3/4/2020 E Has produced _ as identification. ) Page 358 of 5415 F.F.E. = 4.07'©2023 GOOGLEU.S. 41S.R. 29 I-75GULF OFMEXICOPage 359 of 5415 Page 360 of 5415 F.F.E. = 4.07' Page 361 of 5415 ATLAS TECHNICAL CONSULTANTS, LLC CARNESTOWN X601 NEW COMMUNICATION TOWER PROJECT COLLIER COUNTY, FLORIDA BIOLOGICAL ASSESSMENT IPAC PROJECT CODE 2023-0092905 DECEMBER 2023 Prepared for: U.S. Fish and Wildlife Service Florida Ecological Services Field Office 777 37th Street, Suite D-101 Vero Beach, Florida 32960 Prepared by: EcoWild Consulting Group, LLC 4425 West Pearl Avenue Tampa, Florida 33611 Florida Ecological Services Field Office Service Project Code No. The U.S. Fish and Wildlife Service has reviewed the information provided and finds that the proposed action is not likely to adversely affect any federally listed species or designated critical habitat protected by the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et. seq.). A record of this consultation is on file at the Florida Ecological ServiceV )LHOGOffice. This fulfills the requirements of section 7 of the Act and further action is not required. If modifications are made to the project, if additional information involving potential effects to listed species becomes available, or if a new species is listed, reinitiation of consultation may be necessary. Environmental Review Supervisor 2023-0092905 Page 362 of 5415 Carnestown X601 Biological Assessment Collier County, Florida Project Code: 2023-0092905 i DOCUMENT CERTIFICATION This report, data collection, and final results have been performed under the supervision and reviewed by the persons named below. DRAFT Signature January 23, 2024 Date Colleen M. Reilly Principal/Technical Director EcoWild Consulting Group, LLC (813) 410-1713 creilly@ecowildconsulting.com Page 363 of 5415 Carnestown X601 Biological Assessment Collier County, Florida Project Code2023-0092905 ii TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 1 2.0 BACKGROUND INFORMATION 2 3.0 DESCRIPTION OF PROPOSED ACTION 3 4.0 ECOLOGICAL SITE DESCRIPTION 4 4.1 SOILS 4 4.2 LAND COVER 4 5.0 FEDERALLY LISTED SPECIES 6 5.1 FLORIDA BONNETED BAT 8 5.2 FLORIDA PANTHER 11 5.3 CRESTED CARACARA 13 5.4 EASTERN BLACK RAIL 15 5.5 SNAIL KITE 16 5.6 RED-COCKADED WOODPECKER 18 5.7 EASTERN INDIGO SNAKE 19 6.0 MIGRATORY BIRDS 22 6.1 BIRDS OF CONSERVATION CONCERN 22 6.2 BALD EAGLE 24 7.0 SUMMARY 25 8.0 REFERENCES 26 LIST OF TABLES Table 4.1-1. Soil Summary for the Carnestown X601 Project Site. Table 4.2-1. Land Use/Land Cover Summary for the Carnestown X601 Project Site. Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Page 364 of 5415 Carnestown X601 Biological Assessment Collier County, Florida Project Code2023-0092905 ii LIST OF FIGURES Figure 1. Location Map Figure 2. NRCS Soils Map Figure 3. Land Use/Land Cover Map Figure 4. Florida Bonneted Bat Desktop Evaluation Map Figure 5. Florida Panther Desktop Evaluation Map (Telemetry) Figure 6. Florida Panther Desktop Evaluation Map (Mortality) Figure 7. Crested Caracara Desktop Evaluation Map Figure 8. Snail Kite Desktop Evaluation Map Figure 9. Red-cockaded Woodpecker Desktop Evaluation Map Figure 10. Eastern Indigo Snake Desktop Evaluation Map Figure 11. Bald Eagle Desktop Evaluation Map APPENDICES APPENDIX A – USFWS Correspondence APPENDIX B – Compound Layout and Elevation View for Carnestown X601 APPENDIX C – Site Photographs APPENDIX D – Florida Bonneted Bat Survey Report APPENDIX E – USFWS Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Page 365 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 1 1.0 INTRODUCTION This Biological Assessment (BA) report was prepared by EcoWild Consulting Group, LLC (EcoWild) on behalf of Atlas Technical Consultants, LLC (Atlas) in support of the Carnestown X601 communication tower project (Project) proposed by the Florida Department of Management Services (Applicant). The purpose of the Project is to provide public safety communications through the construction of a new tower that will replace the function of a nearby tower that is being decommissioned. The owner and operator of the Project shall be the State of Florida. A Project Site (±0.94 acres) is defined based on the footprint of the tower and its associated components (±0.20 acres), and any temporary work areas needed for construction (±0.74). The Project Site is located within Section 35, Township 52S, Range 30E in Collier County, Florida. More specifically, the Project Site can be located at 40808 Tamiami Trail East (US Highway 41/State Road 90), on the south side of Tamiami Trail East, approximately 5.3 miles east of County Road 29 (Figure 1). The Project Site is under the ownership of the Collier County Board of County Commissions (i.e., Parcel No. 01148440000) and is the location of Ochopee Fire Control Station 66, which is no longer operational and currently being utilized for storage. The Project Site is situated within the Big Cypress National Preserve. The purpose of this report is to provide necessary information to the U.S. Fish and Wildlife Service (USFWS) Florida Ecological Services Field Office (FESFO) in support of a review of the potential direct, indirect, and cumulative impacts to federally listed species (50 CFR Part 17) as part of the action in accordance with obligations under the Endangered Species Act (ESA). Under Section 7 of the ESA and its implementing regulations (50 CFR 402 et seq.), federal agencies, such as the Federal Communications Commission (FCC), are required to utilize their authorities to carry out programs for the conservation of listed species and to determine whether activities may affect listed species and/or designated critical habitats. Federal agencies further have obligations to minimize impacts to avian resources under the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), and Executive Order (EO) 13186. Accordingly, this report provides the USFWS FESFO with information regarding a description of the proposed Project; ecological conditions found on the Project Site; status of listed species and/or critical habitat within the Project Site as documented through desktop evaluation and/or field surveys; an evaluation of the potential effects of the proposed Project on listed species and/or critical habitat and/or avian species of conservation concern; a description of avoidance and conservation measures that will be included as part of the action; and a determination of effects in accordance with ESA definitions (i.e., “No effect”, “May affect, not likely to adversely affect”, and “May affect, likely to adversely affect”). Page 366 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 2 2.0 BACKGROUND INFORMATION On behalf of the FCC, Atlas obtained an Official Species List from the USFWS FESFO on June 13, 2023 (IPaC Project Code: 2023-0092905) (Appendix A). The Official Species List identified 17 listed species, 1 extent of critical habitat, and 10 birds of conservation concern (BCC) as occurring on, or in the vicinity of, the Project Site. The USFWS provides a consultation key for new communication towers that allows for streamlined consultation when a proposed action will have no effect on listed species; however, it was determined that the USFWS Determination Key for Clearance to Proceed with Communication Tower Projects in Florida (January 26, 2022) is not applicable for this Project because the Project is located within the Consultation Area for the endangered Florida bonneted bat (FBB) (Eumops floridanus) (Appendix A). On behalf of Atlas and the Applicant, EcoWild contacted staff from the USFWS FESFO to determine the appropriate methods and level of survey for the FBB on the Project Site. The USFWS (i.e., Ms. Sandra Sneckenberger) was contacted via email by EcoWild on August 21, 2023 (Appendix A) and a subsequent phone conversation occurred on September 6, 2023 between EcoWild (i.e., Ms. Colleen Reilly) and Ms. Sneckenberger. Through this coordination and a discussion of the project location, available habitats, and the proposed activity, it was determined that a combination of a limited roost survey and acoustic survey would provide the information needed regarding FBB presence and use of the Project Site to evaluate the potential impacts under the ESA. Results from the FBB survey (see Section 5.1) were presented to USFWS FESFO during a phone conversation on December 7, 2023. Results from the survey and subsequent conversation with USFWS regarding best management practices (BMPs) for projects of this type indicate that consultation between the FCC and the USFWS FESFO is required for the Project with regard to the FBB. EcoWild and Atlas have also coordinated with staff from the National Park Service (NPS) (i.e., Mr. Scott Pardue) on behalf of the Applicant. Initial coordination was made with the NPS regarding the Project plan, listed species survey plan, and to request survey access (where needed) to address any buffers of the Project Site that may occur on NPS land. It is understood that the NPS is supportive of the Project, and they have requested information be shared with them regarding the survey results and listed species impact evaluation. Page 367 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 3 3.0 DESCRIPTION OF PROPOSED ACTION The Project is a new communication tower proposed by the Florida Department of Management Services. The tower is needed to provide public safety communications and will replace the function of a nearby tower that is being decommissioned. The owner and operator of the tower shall be the State of Florida. The lead federal agency responsible for the action is the Federal Communications Commission (FCC). A compound layout and elevation view for the Project are provided in Appendix B. The Project is a proposed 350-foot self-support (i.e., no guy wires) tower structure located behind the existing fire control building. The tower will have antennas installed near the top of the structure at 250 feet, 260 feet, 280 feet, 290 feet, 320 feet, and 325 feet in height above ground level. Lighting on the tower shall be compliant with Federal Aviation Administration (FAA) regulations and will include the minimum amount of pilot warning and obstruction avoidance lighting required. Lighting will likely include one dual light at the top and 3 dual lights at the middle of the tower. Associated Project components include one equipment shelter (12’ x 24’) that is approximately 10.8 feet in height but, to be built above the flood elevation (7’), will stand approximately 17 feet in height upon completion. Other components include one generator, two 500-gallon propane tanks, and two future lease areas (10’ x 10’). Future lease areas may include elevated equipment platforms with communication cabinets, but future use is not known at this time. All components will be enclosed within a fenced compound that is estimated to be 5,235 square feet (or ±0.12 acres) in total area with a 12-foot-wide access gate. Fencing is expected to consist of 8-foot chain link fence with 3-strand barb wire at the top for security. Access will be along the easternmost asphalt drive in a 20-foot non-exclusive ingress/egress corridor. Power and telco will be installed via overhead lines that will follow the same corridor. The exact route and installation methods will be confirmed with the utility provider prior to construction. No land clearing, grading, fill work, or demolition is proposed as part of the Project. Construction activities associated with the tower and its components are scheduled to start within the next 6 months and are anticipated to last for a duration of 3-5 months. The Project will be operational by the end of 2024. Typical lifespan can be around 30 years or more, depending on tower loading. Page 368 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 4 4.0 ECOLOGICAL SITE DESCRIPTION 4.1 SOILS According to the Collier County Soil Survey provided by the U.S. Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), 1 soil type occurs on the Project Site (Figure 2). In its undisturbed state, the Biscayne series consists of shallow, poorly to very poorly drained, moderately or moderately rapidly permeable soils over limestone in fresh water and tidal marshes and sloughs, as well as in broad, low, coastal flats and elongated sloughs in Southern Peninsular Florida (Figure 2, Table 4.1-1). According to a review of available aerial imagery in Googe Earth, the Project Site was previously filled and disturbed to accommodate the fire control building which was present at least as far back as 1994. Table 4.1-1. Soil Summary for the Carnestown X601 Project Site. Code Description Project Work Area Acres Percent Acres Percent 2 Biscayne-Rock Outcrop Complex, 0-1 % slopes, frequently flooded 0.20 100 0.74 100.00 TOTAL 0.20 100.00 0.74 100.00 4.2 LAND COVER Habitats within the Project Site were assigned a land use classification in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) - Florida Natural Area Inventory (FNAI) Cooperative Land Cover (CLC) (FWC-FNAI 2023) and the South Florida Water Management District (SFWMD) Florida Land Use, Cover, and Forms Classification System (FLUCFCS) (FDOT 1999) (Figure 3, Table 4.2-1). Representative habitat photographs are provided in Appendix C. All habitats within the Project Site (±0.94 acres) are mapped as either Mixed Scrub-Shrub Wetland (CLC 2112) or Rural Residential (FLUCFCS 118); however, habitats found on the Project Site as described in the field primarily consist of open grassy and weedy vegetation situated around an abandoned metal fire control building with two paved entry/exit ways and parking area. Debris and other trash items are present on the ground. A few cabbage palm trees are present on the Project Site, and an area of herbaceous wetland marsh is situated between the paved entryways along U.S. Highway 41. The edges of the open habitat, where the Project Site meets the adjacent cypress and shrub swamplands, are dominated by Brazilian pepper shrubs and occasional pine trees. Page 369 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 5 Table 4.2-1. Land Use/Land Cover Summary for the Carnestown X601 Project Site. Code Description Project Work Area Acres Percent Acres Percent 2112/118 Mixed Scrub-Shrub Wetland/Rural Residential 0.20 100.00 0.74 100.00 TOTAL 0.98 100.00 0.74 100.00 Page 370 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 6 5.0 FEDERALLY LISTED SPECIES EcoWild conducted a desktop evaluation and subsequent field surveys for the Project to document the occurrence and relative abundance of those species listed as Threatened or Endangered by the USFWS under 50 CFR Part 17, designated or proposed critical habitats, and birds of conservation concern (BCC) identified by the USFWS FESFO as having potential to occur on or in the vicinity of the Project Site (Appendix A). In addition to the IPaC Official Species List obtained for the Project, EcoWild referenced available agency information including: • USFWS Environmental Conservation Online System (ECOS), List of Species by County; • Florida Natural Areas Inventory (FNAI), Tracking List by County; • Geographic Information Systems (GIS) data, including Proposed and Designated Critical Habitat (USFWS, Federal Register), Consultation Area boundaries (USFWS), and various species occurrence data (USFWS, FWC-FWRI); • Consultation Guidelines by Species (USFWS); • Survey Guidelines by Species (USFWS); • Cooperative Land Cover (CLC) data, Version 3.7 (FWC-FNAI 2023); • Land Use (FLUCFCS) data (SFWMD); and • Soils data (USDA-NRCS). Information obtained was then used to prepare a survey plan for the Project, with a focus on those species known or likely to occur in habitats found on the Project Site and in the immediate vicinity. Qualified biologists conducted a general pedestrian survey and habitat evaluation on the Project Site (and 250-foot buffer) on October 11, 2023 and October 28, 2023 to document occurrence by listed species. Surveys were performed in accordance with the general methodologies provided and developed by the Florida Fish and Wildlife Conservation Commission (FWC), USFWS, and FNAI. Biologists canvassed the Project Site for direct observations or signs (e.g., tracks, burrows, nests, scat, whitewash, sheds, and other various indicators) of potential occurrence by listed species. Any observations were noted on an aerial image of the Project Site and locations were recorded using a GPS. Representative habitat photos were obtained. A species-specific limited roost survey and acoustic survey for the FBB were also completed on the Project Site by EcoWild during October 11 - October 28, 2023 in accordance with methods found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a) and guidance provided by staff from the USFWS FESFO. Page 371 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 7 Results from these evaluation efforts are incorporated into the information provided by species below. Please note that for any listed species identified by agency resources but for which preferred, or potentially suitable, habitat is not present on the Project Site or vicinity including those species considered strictly marine or coastal and no downstream impacts are reasonably expected as a result of the action (i.e., green sea turtle [Chelonia mydas], loggerhead sea turtle [Caretta caretta], and Gulf sturgeon [Acipenser oxyrinchus desotoi]); species without regulatory requirements (i.e., American alligator [Alligator mississippiensis]); and federally listed species of insects and/or plants (i.e., Florida prairie clover [Dalea carthagenensis floridana]) with restricted ranges and/or habitat needs that do not overlap the Project Site, specific field surveys were not conducted, and these species are not discussed further in the BA. All other potentially occurring listed species are evaluated below. Effect determinations were applied as defined in the glossary (p. xv and xvi) of the Final ESA Section 7 Consultation Handbook (USFWS and NMFS 1998) as follows: • No effect - the appropriate conclusion when a proposed action will not affect a listed species or designated critical habitat. • May affect - the appropriate conclusion when a proposed action may pose any effects on listed species or designated critical habitat; must either initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect" listed species. • Not likely to adversely affect - the appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. • Likely to adversely affect - the appropriate finding if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not: discountable, insignificant, or beneficial. In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action "is likely to adversely affect" the listed species. If incidental take is anticipated to occur as a result of the proposed action, an "is likely to adversely affect" determination should be made and requires the initiation of formal consultation. Page 372 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 8 5.1 FLORIDA BONNETED BAT The FBB is listed by the USFWS as Endangered and is protected pursuant to the ESA. The FBB is known to roost in a variety of man-made structures and natural roosts, including shafts of palms and cavities excavated by woodpeckers. Important foraging areas include wetlands and open, fresh water sources such as ponds and streams where bats will also fly low to drink water (USFWS 2019a). FBB may travel considerable distances when foraging around a roost. Relatively little is known about the species, but recent studies are beginning to provide valuable information critical for management of the species. Habitat loss and modification and other natural and manmade factors appear to be the primary threats to the FBB. The Project Site is situated within the designated Consultation Area for the FBB and within proposed critical habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 4). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. Action Area To complete the analysis of potential impacts to FBB as a result of the Project, an action area was defined to include the Project Site and a 250-foot buffer. The 250-foot buffer accounts for any FBB roosts that may be located nearby and susceptible to disturbance. Impacts to FBB CH are evaluated by looking at the area associated with all units of CH proposed for the species within its range of occurrence. Occurrence A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS FESFO as described in Appendix D. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts that may occur near the proposed activity. Surveys were conducted Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey within the Project Site and 250-foot buffer, 3 potentially suitable roosting structures were recorded and inspected. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the 10 valid nights of acoustic survey. The majority of calls were classified by Kaleidoscope Pro (KPro) as Noise or as one of two common bat species: Mexican free tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz). Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some FBB activity on the Project Site. Page 373 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 9 Based on the number and type of FBB calls confirmed during the acoustic survey, it is determined that, while FBB are using the Project Site, data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. Determining the likelihood of FBB roosting is challenging. The USFWS (2019a) considers the following evidence indicative that roosting is likely nearby (i.e., reasonably certain to occur): • FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset, or within 1.5 hours before sunrise; • Emergence calls are recorded; • Human observers see or hear FBB flying to or from potential roosts; • Human observers see and identify FBB within a natural or artificial roost; or • Other bat sign (e.g., guano, staining, etc.) are found to be identified as FBB. Results from the combination roost search and acoustic survey do not indicate that FBB are roosting on the Project Site or in the immediate vicinity. The Project Site is located within proposed CH for the FBB as part of “Unit 6” which is associated in part with the surrounding Big Cypress National Park (87 FR 71466). CH is defined by the USFWS as specific habitat within the geographical area occupied by the species that contain those physical or biological features essential to the conservation of the species and which may require special management considerations or protections. Unit 6 is considered occupied by the FBB based on documented species presence. High quality roosting habitat and areas of high conservation value are found within the vast expanses of forested habitats in this region (87 FR 71466). Effects and Conservation Measures Results from the field surveys completed for the FBB (Appendix D) do not indicate that roosting is likely on the Project Site or in the immediate vicinity. Therefore, no roost disturbances or direct impacts to known FBB roosts are reasonably expected to occur as a result of the Project. No land clearing is proposed as part of the Project action; therefore, no potentially suitable roost trees or roosting habitat on the Project Site will be removed or lost as part of the action. Little to no scientific information or guidance was found regarding bat collisions specifically with self-supported communication towers. Data suggest that the collision risk for these types of projects is likely greater for avian species (see Section 6.1) and for which specific BMPs are designed. At this time, effects to the FBB as a result of the Project (i.e., additional structures being added to the landscape with lighting) may include avoidance of the Project Site by foraging FBB and missed feeding opportunities. It is difficult to quantify the extent of missed feeding opportunities by the FBB; however, considering the amount and quality of Page 374 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 10 available habitats to the FBB in the vicinity of the Project Site, these impacts are expected to be minor and are not reasonably expected to result in negative population level impacts. The location and placement of the tower was chosen by the Applicant because it is on County-owned land and was previously disturbed for human use. The habitat that will be converted for the Project consists of open, weedy vegetation. No wetlands will be impacted, and no native trees will be lost as a result of the Project. Because a communication tower is needed to provide public safety communications in this general area, it may be challenging to find an alternative location that would not affect the FBB. Moving the Project to another location in this general area could potentially result in loss of roosting habitat or habitat that supports a higher level of FBB activity (i.e., an area of higher importance for the species). Considering the distance that FBB may travel from a roost for foraging on any given night, and the extent of occupied habitat found in CH Unit 6, it is considered unlikely that an alternative location in this general area would result in no FBB detections found as part of an acoustic survey. Because only 3 FBB detections were found during the acoustic survey for the Project, no roosts were found or indicated as a result of the surveys, and considering the habitat type and quality within the Project Site and immediate vicinity, this location is considered to be the suitable location for the Project. Generally, in applying the Florida Bonneted Bat Consultation Key to a project that is less than 5 acres in size, when some FBB activity is recorded during an acoustic survey but data do not indicate “high activity” in accordance with USFWS definitions, it is determined that a project “may affect” but is “not likely to adversely affect” the species if/when standard BMPs can be implemented (USFWS 2019a). The USFWS identifies a set of BMPs for the FBB that can be implemented on development projects to provide a benefit to the species (USFWS 2019). However, it is not practicable to implement all necessary BMPs for the Project considering the activity type proposed, the location of the Project, and the overall Project size. For similar reasons, offsite restoration activities are also not a viable option for the Applicant. The Applicant has proposed the following conservation measures to benefit the FBB. Conservation measures are intended to minimize impacts to the species during construction and operation of the Project. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Install and use wildlife-friendly lighting on the tower compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 4. Design and construct the new equipment shelter in a way that discourages the FBB and other bat species from roosting in the structure (e.g., eliminating structural voids, seam roofing, screens on vents, no downspouts, or gutters, etc.); 5. Avoid or limit the application of insecticides at the Project Site; Page 375 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 11 6. Notify the USFWS FESFO of any identified or suspected FBB roosting activities on the Project Site within 48 hours of discovery; 7. Coordinate with the USFWS FESFO and/or the FWC if/when it comes time to decommission the Project to determine if any additional steps should be taken to ensure additional adverse impacts to FBB or other native bat species do not occur; and 8. Provide a voluntary, one-time contribution in the amount of $10,000.00 to the Florida Bat Fund administered by the Fish and Wildlife Foundation of Florida. There are 1,174,011 acres over 13 Florida counties included by USFWS in the proposed CH designation for the FBB. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties. The Project will convert a total of 0.12 acres for the tower compound. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and the entire extent of CH for the FBB. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the FBB. The majority of land surrounding the Project Site and those included in FBB CH Unit 6 are permanently protected as federal (533,179 acres) and state-owned (152,494 acres) conservation lands. Effect Determination The Project as proposed “may affect” but is “not likely to adversely affect” the FBB. Conservation measures are provided by the Applicant to minimize impacts to the FBB during construction and throughout operation to the extent practicable given the Project type and location. The proposed action is not reasonably expected to destroy or adversely modify proposed CH for the FBB. 5.2 FLORIDA PANTHER The Florida panther (Puma concolor coryi) is listed as Endangered by the USFWS and protected pursuant to the ESA. Panthers require expansive wilderness areas to meet their needs and depend upon habitat of sufficient quantity, quality, and spatial configuration for long-term persistence. The species historical range included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee. Today, the breeding population is primarily limited to areas of South Florida but breeding females have been dispersing north of the Caloosahatchee River in recent years. Primary threats include habitat loss/conversion and fragmentation, vehicular mortality, and disease. The Project Site is situated within the occupied Primary Zone of the designated Panther Focus Area (Figure 5, Figure 6). Lands within the Primary Zone are considered essential for the survival of the species in the wild. Critical Habitat has not been designated for the species. Page 376 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 12 Action Area To complete the analysis of potential impacts to the Florida panther as a result of the Project, an action area was defined to include the Project Site and a 2-mile buffer in accordance with guidance found in the Panther Effect Determination Key (USFWS 2007b). Occurrence No Florida panthers or evidence of the species (e.g., scat, tracks) were observed during the field surveys of the Project Site. A review of telemetry data confirms panther occurrence in the immediate vicinity and in Big Cypress National Park (Figure 5) (FWC-FWRI 2023b). Mortality data confirms deaths by vehicle along Tamiami Trail East in the vicinity of the Project (Figure 6) (FWC-FWRI 2023a). Effects and Conservation Measures Florida panthers occur in the area of the Project Site. The habitat found on the Project Site and the immediate area adjacent to the Project Site do not provide optimal panther denning habitat (i.e., old growth palmetto) but may provide some open space and edge effects for hunting and ambushing prey. The forested cypress and shrub/brush swamp areas found adjacent to the Project Site may be utilized as corridors for movement and for cover. The fencing proposed around the tower compound is necessary for security purposes and will exclude panthers from the Project. Lighting used on the tower compound may result in avoidance of the Project Site by panthers. No removal or loss of native habitats, including wetlands or mature tree cover will occur as part of the Project action. In accordance with the Panther Effect Determination Key, individual projects that are less than 1-acre in size are not expected to have a measurable effect on panthers (USFWS 2007b). Panthers are a wide-ranging species, and individually, a less than 1-acre habitat change is not likely to adversely affect panthers or reasonably expected to result in negative population level impacts. Vehicular mortality is a significant threat to the species. Only minor traffic increases will occur during construction of the Project but will occur during the daytime hours. No long-term changes to the existing traffic patterns or intensity are reasonably expected as a result of operation of the Project. Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the Florida panther. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 4. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; Page 377 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 13 5. Provide educational training for contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that will affect the Florida panther. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Considering the above information, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the Florida panther. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.3 CRESTED CARACARA The crested caracara (caracara) (Caracara plancus) is listed by the USFWS as Threatened and protected pursuant to the ESA. In Florida, the listed population of caracara occurs from Orlando south to the Everglades. Primary habitat includes open pasturelands with short herbaceous vegetation and seasonal wetlands that are used for foraging. Suitable habitats include native wet and dry prairies, improved, unimproved, and woodland pastures, sod farms, row crops, levees, and rangeland. Juvenile caracaras may use citrus and tree farms. Primary nesting substrate is cabbage palms, although there have been reports of caracara nesting in pines and hardwoods and atypical locations such as human-engineered structures (USFWS 2016). The main threat to the species remains habitat loss for conversion to development and agriculture. The Project Site intersects the designated Consultation Area for the species and contains minimal open foraging habitat (Figure 7). A cluster of mature cabbage palms is present. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the caracara as a result of the Project, an action area was defined to include the Project Site and 1,500-meter buffer in accordance with guidance found in the Species Conservation Guidelines South Florida (USFWS 2004b). The 1,500-meter buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No caracara were observed during the field surveys of the Project Site and vicinity. Mature cabbage palms on the Project Site were inspected by experienced biologists for any evidence Page 378 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 14 of use by the species. No nests or nest material, food material, or whitewash were observed in the trees and on the surrounding ground. A review of caracara sightings in eBird show 3 records within 1,500-meters of the Project Site along Tamiami Trail East; in March of 2017, one caracara was reported at the nearby Trail Lakes Campground, and once caracara was reported near the Turner River Canoe Launch both in December of 2019 and January of 2022 (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project Site provides minimal open habitat to support foraging by the caracara. The habitat in the vicinity of the Project is heavily forested and not considered suitable for the species (USFWS 2004b). Occasional occurrence by the caracara in the vicinity and foraging along Tamiami Trail East are likely. There are no data to suggest caracara nesting occurs on site or in the vicinity. Construction is expected to commence in June of 2024 and last for approximately 3-5 months. Therefore, activities associated with construction of the Project will not occur during the typical breeding season for the species (i.e., primary nesting season is between November and April). Nest disturbance is not reasonably expected to occur. Further, no land clearing activities will occur as part of the Project and no mature cabbage palms onsite will be removed or lost. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any caracara nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the caracara. The majority of land surrounding the Page 379 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 15 Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of caracara or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of breeding caracara within the Project Site or vicinity but considering the caracara may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the caracara, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.4 EASTERN BLACK RAIL The eastern black rail (rail) (Laterallus jamaicensis jamaicensis) is listed as Threatened by the USFWS and protected pursuant to the ESA. The rail is subspecies of small, cryptic wetland-dependent marsh bird that occurs in salt, brackish, and freshwater wetlands in the eastern U.S. (east of the Rocky Mountains), Mexico, Brazil, Central America, and the Caribbean. Habitat associations vary by location and can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. In Florida Gulf Coast marshes, habitat occupied by rails is comprised of black needle rush and limited elevational bands supporting cordgrass and possibly saltbush inland and adjacent to these marshes. Rail nests are typically well hidden in a dense clump of vegetation over moist soil or shallow water. Geographically isolated freshwater emergent wetlands have been associated with supporting rails. Threats to the species include habitat fragmentation, alteration, and conversion; altered hydrology; land management; climate change; oil and chemical spills, as well as environmental contaminants; disease; altered food webs and predation; and human disturbance (USFWS 2019b). No optimal nesting or foraging habitat is present on the Project Site. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the rail as a result of the Project, an action area was defined to include the Project Site and 250-foot buffer, surveyed as part of the effort for the FBB. Occurrence No rails were seen or heard during field surveys of the Project Site and vicinity, and no suitable foraging and nesting habitats were observed. Water depths in the adjacent forested and shrub/brush swamps were greater than 3 centimeters at the time of survey and grasslands on the site were dry (USFWS 2019b). Dense emergent vegetation and shallow water depths and flooded grasslands are required to support the rail resource needs. Page 380 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 16 Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the rail. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of rails and their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of rails or suitable habitat within the Project Site and immediate vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.5 SNAIL KITE The snail kite (Rostrhamus sociabilis) is listed as Endangered by the USFWS and protected pursuant to the ESA. The snail kite once occupied a large range in Florida but is now restricted to portions of central and south Florida. Snail kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems or in lake littoral zones with emergent vegetation, where apple snails are found and kites can see their prey. Snail kites nest in a variety of vegetation types including both woody species such as willows, cypress, pond apple, and melaleuca, as well as cattails (USFWS 2006). Primary threats include the loss and degradation of wetlands and water quality in south and central Florida. The Project Site intersects the Consultation Area for the species, but no preferred nesting or foraging habitat is present on the Project Site (Figure 8). Critical Habitat has been designated but is not intersected by the Project. Action Area To complete the analysis of potential impacts to the snail kite as a result of the Project, an action area was defined to include the Project Site and 500-foot buffer in accordance with guidance found in the Snail Kite Survey Guidance (USFWS n.d.). The 500-foot buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No snail kites or nests were observed during the field surveys of the Project Site and vicinity. A review of snail kite sightings in eBird show no records within 500-feet of the Project Site. The closest records are near Trail Lakes Campground in March of 2017 and April of 1984. There are also observations near the Turner River and Canoe Lauch (December and February, 2019) (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project is situated within previously disturbed uplands and will not directly impact snail kite habitat. Occasional snail kite occurrence along Tamiami Trail East and adjacent wetland forests habitats is possible. However, there are no data to suggest snail kite nesting occurs Page 381 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 17 on site and habitat within the vicinity is not conducive to kite foraging. Construction is expected to commence during June of 2024 and last for approximately 3-5 months. Peak nesting season is between the months of February and July. Disturbance of kite nest sites is not likely to occur. Critical habitat has been designated for the snail kite but is not intersected by the Project. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any snail kite nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the snail kite. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of snail kites or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of snail kites within the Project Site and vicinity but considering the species may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. Critical habitat is not intersected by the Project; therefore, none will be impacted. Page 382 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 18 5.6 RED-COCKADED WOODPECKER The red-cockaded woodpecker (RCW) (Dryobates borealis) is listed as Threatened by the USFWS and protected pursuant to the ESA. Historically, the RCW occurred in mature pine forests throughout the southeastern coastal plain and piedmont, including all 67 Florida counties. The current distribution is highly fragmented and characterized by a majority of relatively small, isolated populations in remaining suitable forests, primarily located on public lands (USFWS 2003). The primary threat to the RCW continues to be destruction or degradation of habitat in association with timbering operations and other land clearing operations and, more recently, the loss of habitat as a result of fire suppression and exclusion. The Project Site intersects the Consultation Area for the species, but no suitable nesting or foraging habitat is present. Critical Habitat has not been designated for the RCW. Action Area To complete the analysis of potential impacts to the RCW as a result of the Project, an action area was defined to include the Project Site and 0.5-mile buffer in accordance with guidance found in the Red-cockaded Woodpecker South Florida Survey Protocol (USFWS 2003). The 0.5-mile buffer accounts for any nesting territories that may overlap the Project Site. Occurrence Suitable foraging habitats in south Florida consist of a pine or pine/hardwood stand of forest, woodland, or savannah in which 50 percent or more of the dominant trees are pines and the dominant pine trees are generally 60 years in age or older. Suitable nesting habitat consists of pine, pine/hardwood, and hardwood/pine stands that contain pines 60 years in age or older and that are within 0.5 miles of suitable foraging habitat (USFWS 2003). No RCW, RCW cavities, or suitable foraging and nesting habitats were observed during the field surveys of the Project Site and vicinity. Field surveys were designed specifically to evaluate the area for presence of mature native tree species and to search these trees for cavities. One pileated woodpecker was observed in association with a dead maple tree in the 250-foot buffer of the Project Site covered as part of the FBB survey. Other avian species observed on the Project Site include northern mockingbird and black vulture. Nearly all RCW populations are known and managed. A review of RCW occurrence data shows no records within 0.5-miles of the Project Site (FWC-FWRI 2005). The closest RCW records are located starting approximately 5.3 miles to the northeast of the Project Site associated with vast areas of the Big Cypress Wildlife Management Area (WMA) (Figure 9). Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the RCW. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 383 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 19 Effect Determination Incidental take of RCW or their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of RCW or habitat within the Project Site and vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.7 EASTERN INDIGO SNAKE The eastern indigo snake (EIS) (Drymarchon couperi) is listed by the USFWS as Threatened and protected pursuant to the ESA. Historically, the EIS occurred throughout Florida and in the coastal plain of Georgia, Alabama, and Mississippi (Krysko et al. 2019). Today, the only remaining viable populations occur in southern Georgia and Florida where the snake uses a wide variety of natural and altered habitats, including scrub, pine flatwoods, dry prairie, pine rocklands, tropical hardwood hammocks, edges of freshwater marshes, mangrove swamps, coastal dunes, pine plantation, farmlands, agricultural lands, canal banks in sugarcane fields, and citrus groves (Krysko et al. 2019). The EIS maintains a large home range and travels seasonally between wetland and upland habitats. Habitat loss and fragmentation remain the greatest threat to the species (Krysko et al. 2019). Potentially suitable habitats are found on the Project Site and on the large tracts of adjacent undeveloped conservation lands in the vicinity. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the EIS as a result of the Project, an action area was defined to include the Project Site and 1-mile buffer to account for the diameter of a male EIS home range for EIS occurrence that may overlap the Project Site. Occurrence No EIS or evidence of the species (e.g., sheds) were observed during the field surveys of the Project Site. Pieces of an invasive Burmese python (Python molurus bivittatus) shed were identified and collected in the open area of the Project Site. This observation was reported via the “IveGot1” app (Version 5.6.1) and during a phone call with the USFWS FESFO. A review of sightings for Burmese pythons in the app show numerous observations along Tamiami Trail East in the vicinity of the Project Site. A review of EIS occurrence data show no records within 1-mile of the Project Site (Figure 10) (FWC-FWRI 2008). The closet records are located approximately 5.2 miles to the north/northwest (2005) and 13.6 miles to the northeast (1980). FWC was contacted by EcoWild via email on August 8, 2023 to confirm if additional (or more recent) sightings were known from Collier County (Krysko et. al. 2019). Specific locations were not shared but general locations were provided and confirm 13 known records for Collier County between 2005 and 2011 (Enge, personal communication 2023). About half of the records came from Page 384 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 20 Rookery Bay and most of the remainder from the CREW Wildlife and Environmental Area (WEA). There is 1 record each from Big Cypress and Fakahatchee Strand. The lack of practical methods to survey for the EIS, in conjunction with its wide-ranging activity, usage of a variety of habitat types, and a lack of available information on density, makes it difficult to estimate the approximate number of EIS (if any) that occur within the Project Site and the vicinity. Effects and Conservation Measures EIS are known to occur in the region. Although EIS are known to use some disturbed areas, there is considered to be a low probability of occurrence for the Project as the Project Site has no known holes, gopher tortoise burrows, or other refugia where a snake could be buried, trapped, or injured during Project activities. There is very little cover for protection from predators. No EIS or signs of the species (i.e., sheds) were observed within the Project Site during field surveys. Further, there will be no loss of native habitats, including wetlands or native tree cover as part of the Project. According to the USFWS Consultation Key for the Eastern Indigo Snake for South Florida (Revised 2017) individual projects that will impact less than 25 acres of potential EIS habitat, provide no refugia sites, and are conditioned to follow the standard BMPs for EIS to limit injury and mortality will not have a measurable effect on the species (USFWS 2017). Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the EIS. Specifically, the Applicant will: 1. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 2. Implement the USFWS Standard Protection Measures for the Eastern Indigo Snake (USFWS 2022c). At least 30 days prior to any clearing/land alteration activities, the Applicant will notify the USFWS FESFO via e-mail and confirm use of the protection including use of informational materials (i.e., posters and pamphlets) and contractor training. The plan will include instructions for identifying EIS and what to do in the case live or dead EIS are confirmed on the Project Site. As long as the plan is followed as directed, no further approval from USFWS is needed, and the Applicant will move forward with the Project. A final report will be sent to USFWS within 60 days of Project completion; 3. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery; and 4. Immediately report any invasive Burmese python sightings within the Project Site so that agency response can be initiated to treat (i.e., remove) the species from the wild. Cumulative Impacts At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect EIS. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 385 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 21 Effect Determination Incidental take of EIS is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of EIS within the Project Site and vicinity but considering the snake may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the EIS, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. Page 386 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 22 6.0 MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703–711) is the federal statute that protects nearly all native birds, their eggs, and nests. The statute makes it unlawful "to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations." The USFWS concludes that the take of migratory birds resulting from an otherwise lawful activity (i.e., incidental take) is prohibited. There are currently no permits available that authorize incidental take of migratory birds under the MBTA. Bald eagles are further afforded protection under the federal Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668) which provides for the protection “by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. ‘Take’ includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” Incidental take and nest take are prohibited without a federal permit issued by the USFWS Regional Migratory Bird Program. Executive Order (EO) 13186 (66 Federal Register 3853) (2001) directs federal agencies to evaluate effects to migratory birds as a result of their actions and implement measures to promote conservation of the resource. The EO states that an emphasis should be placed on species of concern, priority habitats, and risk factors while addressing population-level impacts. Migratory birds are species that nest in the U.S. and Canada during the summer, and migrate south to the tropical regions of Mexico, Central and South America, and the Caribbean for the non-breeding season. All migratory bird species in the vicinity of the Project are protected under the MBTA; however, in accordance with EO13186, the geographic and environmental scope of analysis on direct and indirect impacts focuses on Birds of Conservation Concern (BCC) within the vicinity of the Project Site and Audubon-designated Important Bird Areas (IBAs). BCC species are considered priority species for conservation action and may include resident species. IBAs are designated areas that provide essential habitats for breeding, wintering, or migrating birds. 6.1 BIRDS OF CONSERVATION CONCERN According to a review of the USFWS Official Species List, 10 BCC species occur within the general region of the Project Site (Appendix A) (USFWS 2021a). These species may occur or breed within the Project Site or the vicinity during some portion of the year (Appendix A). Desktop evaluation shows that the Project Site is situated within a Global Important Bird Area (IBA) associated with the Big Cypress Swamp Watershed (Audubon n.d.). Page 387 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 23 During construction, birds are expected to avoid or leave the Project Site, if present, and retreat into surrounding habitats in the vicinity which may be of higher quality depending on individual habitat needs. Nesting habitats for BCC species that breed in the region in Florida are considered very limited within the Project Site. Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. Nest abandonment and disturbance to BCC nests is not reasonably expected to occur as most of the BCC species identified in the Official Species List do not have a breeding season that overlaps with the anticipated construction schedule, or else no suitable breeding habitat is available in the Project Site. Further, no native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Project activities will not result in direct intentional taking of migratory birds or their eggs. The only avian species identified during field surveys include the pileated woodpecker, northern mockingbird, and black vulture. None of these species are identified as BCC. Communication towers are some of the tallest structures found across the landscape. It is not definitively understood why bird mortality may occur at these locations, but evidence suggests that night-migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast, foggy, or other low visibility conditions (USFWS 2021b). Birds aggregate in larger numbers at towers with non-flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they disperse during the “off” phase. Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas (USFWS 2021b). USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable as part of the Project action to benefit bird resources in the area. This includes, but is not limited to, siting the tower in a location with lower quality avian habitats, the use of wildlife friendly lighting on the compound and associated components, a reduction in artificial lighting to the extent practicable, avoidance of insecticide uses within the Project site, and use of only those lighting and markings on the tower that are required in accordance with FAA regulations. Pre-clearing surveys will determine if any BCC species are present or actively nesting within the Project Site in order to provide assurances that direct take of migratory birds, their nests, or young will not occur. Incidental take permits are currently not authorized by the USFWS for migratory birds; therefore, the Applicant is not requesting authorization at this time or providing mitigation as part of the action. Population level impacts to BCC species within the region are not expected to be significant. Appropriate conservation measures and BMPs will be implemented to the extent practicable to benefit bird resources in the vicinity of the Project. Page 388 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 24 6.2 BALD EAGLE One of the 10 BCC species identified as occurring within the vicinity of the Project by IPaC is the bald eagle (Haliaeetus leucocephalus) (Appendix A). The bald eagle may occur or breed in the vicinity of the Project Site during a portion of the year. Desktop evaluation shows two known bald eagle nesting territories occur within 5 miles of the Project Site including CO012 (2.7 miles to the southeast, last recorded in a pine tree) and CO044 (3.7 miles to the west, last recorded in a cypress tree) (Figure 11) (Audubon 2023). No bald eagle nests are known within 660 feet of the Project, which is the largest management zone where nest disturbance is considered possible as a result of an activity (USFWS 2007a). Field surveys for the Project occurred during the early portion of the breeding season for the bald eagle in October of 2023. No bald eagles were seen or heard during the surveys, and no bald eagle nests were located on the Project Site or vicinity. Suitable nesting habitat for the bald eagle is present in the vicinity of the Project Site (e.g., occasional mature pine and dense cypress trees). Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. No native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Construction will commence in June of 2024 and is expected to last for a duration of 3-5 months. Bald eagle nesting season is generally from October to May in the southeast region. At this time, disturbance of bald eagles, their nests, and young is not reasonably certain to occur. If at any time bald eagles are observed nesting on the Project Site, the Applicant will coordinate with the USFWS Migratory Bird Program. Communication towers are some of the tallest structures found across the landscape. Bald eagles have adapted to utilizing these manmade structures for nesting and for perching. The USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable to benefit bird resources in the Project area. If any birds, including bald eagles, are nesting on the tower and maintenance activities are required, the Applicant will contact the USFWS for permits, recommendations, and requirements. The Applicant will schedule construction and maintenance activities around the nesting and activity schedule of protected birds including the bald eagle to the extent practicable. The Applicant may consider installation of a bird nest exclusion device on the tower if occurrence by nesting birds creates a safety hazard or operational conflict. Page 389 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 25 7.0 SUMMARY Desktop review and field surveys were completed for the Project in accordance with agency protocols and as otherwise discussed in coordination with the USFWS FESFO. As a result of these efforts, federally listed species were identified on or near the Project. The Applicant has proposed appropriate conservation measures to avoid and/or minimize incidental take of listed species to the extent practicable and has provided within this report an analysis of direct, indirect, and cumulative impacts and justification for the appropriate effect determinations in accordance with ESA obligations (Table 7.0-1). Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Scientific Name Common Name Effect Determination Eumops floridanus Florida Bonneted Bat May affect, not likely to adversely affect. Puma concolor coryi Florida Panther May affect, not likely to adversely affect. Caracara plancus Crested Caracara May affect, not likely to adversely affect. Laterallus jamaicensis Eastern Black Rail No effect. Rostrhamus sociabilis Snail Kite May affect, not likely to adversely affect. Dryobates borealis Red-cockaded Woodpecker No effect. Drymarchon couperi Eastern Indigo Snake May affect, not likely to adversely affect. The Project overlaps proposed CH Unit 6 for the FBB. In total, there are 1,174,011 acres in 13 Florida counties included in the proposed CH designation by USFWS. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties that is considered to be occupied by the species. The Project will convert a total of 0.12 acres of disturbed grassland for the tower compound which does not provide critical habitat features for the FBB. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and in the entire extent of CH for the FBB within its range. For this reason, FBB CH will not reasonably be destroyed or adversely modified as a result of the Project. No other CH designations overlap the Project Site. The Applicant will implement BMPs to benefit migratory birds and bald eagles in the Project area to the extent practicable using the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021) (Appendix E). Population level impacts to BCC species within the region are not expected to be significant. No bald eagles are known to nest within 660 feet of the Project Site and Project activities will occur primarily during the non-breeding season for the species; therefore, disturbance to bald eagles, their nests, or young is not reasonably expected to occur and further coordination with the USFWS Migratory Bird Program regarding BGEPA compliance is not warranted at this time. Page 390 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 26 8.0 REFERENCES Audubon. 2023. Audubon Florida. Eagle Watch Nest Locator Map. Accessed December 2023. https://cbop.audubon.org/conservation/about-eaglewatch-program?_gl=1*1hztqld*_ga*MTIzMjMyMjE5Ny4xNjc4MTM4NDAy*_ga_X2XNL2MWTT*MTcwMjkxNDYyNC40OC4xLjE3MDI5MTQ4NjUuMjAuMC4w Audubon. n.d. Important Bird Areas. Public Mapping Tool. Accessed December 2023. https://www.audubon.org/important-bird-areas Avian Knowledge Network. 2023. Beneficial Practices. Available online: https://avianknowledge.net/index.php/beneficial-practices/ Bat Conservation International. 2023. Bats in Homes and Buildings. Web page. https://www.batcon.org/about-bats/bats-in-homes-buildings/ Collier County. 2023. Property Appraiser. GIS Maps. https://www.collierappraiser.com/ Cornell Lab of Ornithology. 2023. eBird. Maps. Explore by Species. Accessed December 2023. https://ebird.org/map Eddleman, W. R., R. E. Flores, and M. Legare (2020). Black Rail (Laterallus jamaicensis), version 1.0. In Birds of the World (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bow.blkrai.01 Enge, Kevin. Personal Communication. Email. August 8, 2023. Federal Register. 2022a. Volume 87. Number 224. November 22, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Endangered Florida Bonneted Bat. Revised Proposed Rule. 71466-71501. Federal Register. 2022b. Volume 87. Number 198. October 14, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover). Proposed Rule. 62564-62611. Federal Register. 2020. Volume 85. Number 196. October 8, 2020. Endangered and Threatened Wildlife and Plants; Threatened Species Status for Eastern Black Rail With a Section 4(d) Rule. Final Rule. 63764-63803. Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2023. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ Page 391 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 27 FWC-FWRI. 2023a. Florida Panther Mortality. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-mortality/explore?location=25.884257%2C-81.270882%2C14.83 FWC-FWRI. 2023a. Florida Panther Telemetry. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-telemetry/explore FWC-FWRI. 2008. Eastern Indigo Snake locations. GIS data. FWC-FWRI. 2005. Red Cockaded Woodpecker Locations. GIS data. Krysko, K.L., K.M. Enge, and P.E. Moler. 2019. Amphibians and Reptiles of Florida. University of Florida Press. Gainesville, Florida. Morrison, J. L. and J. F. Dwyer. 2023. Crested Caracara (Caracara plancus), version 1.1. In Birds of the World (N. D. Sly, Editor). Cornell Lab of Ornithology, Ithaca, New York. https://doi.org/10.2173/bow.y00678.01.1 USDA-NRCS. 2023. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx U.S. Fish and Wildlife Service (USFWS). 2023a. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2023b. Critical Habitat for Threatened and Endangered Species. Web Mapping Tool. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77 USFWS. 2022a. Environmental Conservation Online System (ECOS). Accessed November 2023. https://ecos.fws.gov/ecp/ USFWS. 2022b. Four Everglades Plants Proposed Critical Habitat. Frequently Asked Questions. Web Page. https://www.fws.gov/story/2022-10/faq-proposed-critical-habitat-4-everglades-plants USFWS. 2022c. Standard Protection Measures for the Eastern Indigo Snake. https://www.fws.gov/story/eastern-indigo-snake-conservation USFWS. 2021a. Birds of Conservation Concern 2021. Migratory Bird Program. Available online: https://www.fws.gov/sites/default/files/documents/birds-of-conservation-concern-2021.pdf USFWS. 2021b. Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning. Migratory Bird Program. Page 392 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 28 Falls Church, Virginia. USFWS. 2019a. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. USFWS. 2019b. Species Status Assessment Report for the Eastern Black Rail (Laterallus jamaicensis jamaicensis). Version 1.3. Southeast Region. Atlanta, Georgia. USFWS. 2017. Consultation Key for the Eastern Indigo Snake – Revised. Letter to the U.S. Army Corps of Engineers. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2007a. National Bald Eagle Management Guidelines. Available online: https://www.fws.gov/media/national-bald-eagle-management-guidelines USFWS. 2007b. Panther Effect Determination Key. Letter to the U.S. Army Corps of Engineers dated February 19, 2007. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2004a. Species Conservation Guidelines South Florida. Red-cockaded Woodpecker. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2004b. Species Conservation Guidelines South Florida. Audubon’s Crested Caracara. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2003. Red-cockaded Woodpecker South Florida Survey Protocol. Adapted from Service 2003. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. n.d. Snail Kite Survey Guidelines. Florida Ecological Services Field Office. Gainesville, Florida. USFWS-NMFS. 1998. Endangered Species Consultation Handbook. Available online: https://media.fisheries.noaa.gov/dam-migration/esa_section7_handbook_1998_opr5.pdf Page 393 of 5415 FIGURES Page 394 of 5415 12/15/2023 10:27 AM Sources: ESRI, 2022; EcoWild Consulting Group, 2023±0 0.5 1 Miles Figure 1 Location Map Carnestown Tower Collier County, Florida Project Boundary Le ft HandTurne r R i v e r Le ft HandTurne r R i v e r Collier County £¤41 Everglades National Park Big Cypress National Preserve Big Cypress Wildlife Management Area Tami a m i T r a i l Burns RoadBirdon RoadTurner River RoadPage 395 of 5415 D:\UNash_Local\Personal\EW_CarnestownTower\CarnestownTower_Soils.aprx 12/15/2023 10:59 AM ± Sources: USDA, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 25 50 FeetCarnestown Tower Collier County, Florida Figure 2 Soils Project Boundary Work Area Hydric Soil 2 2 Symbol Description Hydric Work Area Acres Outside Work Area Acres 2 Biscayne-Rock outcrop complex, 0 to 1 percent slopes, frequently flooded Yes 0.20 0.74 Page 396 of 5415 D:\UNash_Local\Personal\EW_CarnestownTower\CarnestownTower_LULC.aprx 12/15/2023 11:19 AM ± Sources: SFWMD, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 25 50 FeetCarnestown Tower Collier County, Florida Figure 3 Land Use/Land Cover Project Boundary Work Area Land Use/Land Cover & CLC Land Cover 118/2112 118/2112 FLUCCS FLUCCS Description CLC CLC Land Cover Work Area Acres Outside Work Area Acres 118 Rural Residential 2112 Mixed Scrub- Shrub Wetland 0.20 0.74 Page 397 of 5415 12/15/2023 11:46 AM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 3 6 MilesCarnestown Tower Collier County, Florida Figure 4 Florida Bonneted Bat Desktop Evaluation Project Boundary Florida Bonneted Bat Consulatation Area Florida Bonneted Bat Critical Habitat SITE Page 398 of 5415 12/15/2023 12:05 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1,000 2,000 FeetCarnestown Tower Collier County, Florida Figure 5 Florida Panther Desktop Evaluation Project Boundary Florida Panther Focus Area Primary Florida Panther Telemetry £¤41 Tami a m i T r a i lBass Lake RoadBirdon RoadTurner River RoadSITE Page 399 of 5415 12/19/2023 7:21 AM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1,000 2,000 FeetCarnestown Tower Collier County, Florida Figure 6 Florida Panther Mortality Desktop Evaluation Project Boundary Florida Panther Focus Area Primary Florida Panther Mortality £¤41 Tami a m i T r a i lBass Lake RoadBirdon RoadTurner River RoadSITE Page 400 of 5415 12/15/2023 12:10 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 750 1,500 FeetCarnestown Tower Collier County, Florida Figure 7 Crested Caracara Desktop Evaluation Project Boundary Crested Caracara Consultation Area Site Buffer (1500 m) £¤41 Tami a m i T r a i lDonaDriveBirdon RoadBass Lake RoadTurner River RoadSITE Page 401 of 5415 12/15/2023 7:54 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 750 1,500 FeetCarnestown Tower Collier County, Florida Figure 8 Everglades Snail Kite Desktop Evaluation Project Boundary Everglades Snail Kite Consultation Area Site Buffer (500 ft) £¤41 Tami a m i T r a i lDonaDriveBirdon RoadBass Lake RoadTurner River RoadSITE Page 402 of 5415 12/15/2023 12:36 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 0.5 1 Miles Figure 9 Red-cockaded Woodpecker Desktop Evaluation Carnestown Tower Collier County, Florida Project Boundary Site Buffer (0.5 miles) Red-cockaded Woodpecker Observation Red-cockaded Woodpecker Consultation Area £¤41 Tami a m i T r a i lBirdon RoadTurner River RoadSITE Page 403 of 5415 12/15/2023 12:21 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1 2 MilesCarnestown Tower Collier County, Florida Figure 10 Indigo Snake Desktop Evaluation Project Boundary Indigo Snake Observation £¤41 Tami a m i T r a i l Wagon Wheel Road BirdonRoadWest J J a n e s Memorial S c e n i c D r i v e Loop RoadTurner River RoadWil d ern e s s Water w a y SITE 1980 2005 Page 404 of 5415 12/15/2023 12:51 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 2,000 4,000 US FeetCarnestown Tower Collier County, Florida Figure 11 Bald Eagle Nest Desktop Evaluation Project Boundary !P Bald Eagle Nest Site Buffer (660 ft) !P !P £¤41 Tami a m i T r a i lBirdon RoadTurner River RoadSITE CO012 CO044 Page 405 of 5415 APPENDIX A Page 406 of 5415 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 407 of 5415 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 408 of 5415 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 409 of 5415 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 410 of 5415 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 411 of 5415 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 412 of 5415 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 413 of 5415 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 414 of 5415 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 415 of 5415 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 416 of 5415 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 417 of 5415 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 418 of 5415 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 419 of 5415 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 420 of 5415 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 421 of 5415 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 422 of 5415 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 423 of 5415 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 424 of 5415 Page 425 of 5415 Page 426 of 5415 From:Colleen Reilly To:Sneckenberger, Sandra Subject:Carnestown Tower (Collier County) Date:Monday, August 21, 2023 11:21:00 AM Attachments:image001.png CARNESTOWN Rev 3 LE_060623.pdf Tower Site.kmzHi Sandra, Please see attached for a site plan associated with the Carnestown communication towerproject located at the site of the Ochopee Fire Station on US41 in Collier County. Theowner of this tower will be the Florida Department of Management Services and thetower will be used for public safety communication. It is understood that this project wasdetermined to be outside of the scope of the Communication Tower Projects keyprovided by the USFWS. The Project Code from the official species list is: 2023-0092905. Do you have a few minutes available this week to discuss the field efforts that may bewarranted for the Florida bonneted bat? The project is in proposed critical habitat for the species and the self-support towerstructure will be approximately 350 feet in height. No land clearing is proposed as part ofthe construction, and I am told that the temporary workspaces will only include theexisting asphalt drives. It looks like there are some mature native trees near the workareas. I am planning to visit the site in the next week or two and want to ensure we collect theinformation needed to evaluate potential impacts to the FBB. I appreciate the chance tocoordinate with you in advance considering the unique project and location. Thank you,Colleen Colleen M. Reilly PrincipalEcoWild Consulting GroupTampa, Florida(813) 410-1713 Page 427 of 5415 APPENDIX B Page 428 of 5415 SUBMITTALS NOT TO SCALE COMPOUND LAYOUT N SHEET 1 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 429 of 5415 NOT TO SCALE ELEVATION VIEW SUBMITTALS SHEET 2 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 430 of 5415 APPENDIX C Page 431 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 1. Fire Control Building. Page 432 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 2. Representative Habitat (1). Page 433 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 3. Representative Habitat (2). Page 434 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 4. Representative Habitat (3). Page 435 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 5. Representative Habitat (Adjacent Buffer) (1). Page 436 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 6. Representative Habitat (Adjacent Buffer) (2). Page 437 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 7. Representative Habitat (Adjacent Buffer) (3). Page 438 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 8. Representative Habitat (Adjacent Buffer) (4). Page 439 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 9. Representative Habitat (Adjacent Buffer) (5). Page 440 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 10. Representative Habitat (Adjacent Buffer) (6). Page 441 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 11. Representative Habitat (Canal). Page 442 of 5415 APPENDIX D Page 443 of 5415 ATLAS TECHNICAL ASSISTANT CONSULTANTS, LLC CARNESTOWN X601 NEW COMMUNICATION TOWER PROJECT COLLIER COUNTY, FLORIDA FLORIDA BONNETED BAT SURVEY REPORT DECEMBER 2023 Prepared for: U.S. Fish and Wildlife Service Florida Ecological Services Field Office 777 37th Street, Suite D-101 Vero Beach, Florida 32960 Prepared by: EcoWild Consulting Group, LLC 4425 West Pearl Avenue Tampa, Florida 33611 Page 444 of 5415 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code: 2023-0092905 i DOCUMENT CERTIFICATION This report, data collection, and final results have been performed under the supervision and reviewed by the persons named below. Signature December 20, 2023 Date Colleen M. Reilly Principal/Technical Director EcoWild Consulting Group, LLC (813) 410-1713 creilly@ecowildconsulting.com Page 445 of 5415 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 iii TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 3 2.0 BACKGROUND 4 3.0 ECOLOGICAL CONDITIONS 5 4.0 METHODOLOGY 6 4.1 LIMITED ROOST SURVEY 6 4.2 ACOUSTIC SURVEY 6 4.3 DATA ANALYSIS 7 5.0 RESULTS 9 5.1 LIMITED ROOST SURVEY 9 5.2 ACOUSTIC SURVEY 9 5.3 DATA ANALYSIS 10 6.0 CONCLUSION 12 7.0 REFERENCES 13 LIST OF TABLES Table 3.0-1. Land Cover Summary for the Carnestown X601 Survey Area. Table 5.2-1. Acoustic Survey Summary for the Carnestown X601 Project. Table 5.3-1. Summary of KPro Auto-Identification for the Carnestown X601 Project. Table 5.3-2. Summary of Manual FBB Identification for the Carnestown X601 Project. LIST OF FIGURES Figure 1. Project Location Map Figure 2. Florida Bonneted Bat Consultation Area and Critical Habitat Map Figure 3. Land Use/Land Cover Map Figure 4. Florida Bonneted Bat Survey Map Page 446 of 5415 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 iii APPENDICES APPENDIX A – Compound Layout and Elevation View for Carnestown X601 APPENDIX B – USFWS Correspondence APPENDIX C – Site Photographs APPENDIX D – NOAA Weather Data APPENDIX E – KPro Data Tables (Valid Nights)APPENDIX F – Screen Capture of KPro Sonogram for FBB Identification Page 447 of 5415 Carnestown X601 Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 2 1.0 INTRODUCTION EcoWild Consulting Group, LLC (EcoWild) was contracted by Atlas Technical Consultants, LLC (Atlas) to conduct a field survey to determine the presence or probable absence of the endangered Florida bonneted bat (FBB) (Eumops floridanus) at the location of a proposed communication tower (Project Site) referred to as Carnestown X601 in Collier County, Florida. For purposes of this survey, the Project Site (±0.98 acres) is described based on the estimated construction area that includes the new tower footprint and temporary work areas. The Project Site is located on the south side of Tamiami Trail East (US Highway 41/State Road 90), approximately 5.3 miles east of County Road 29 (Figure 1). The Project Site is under the ownership of Collier County Board of County Commissioners at the location of Ochopee Fire Control Station 66. The Project Site is situated within the designated Consultation Area for the FBB and within proposed Critical Habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 2). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the U.S. Fish and Wildlife Service (USFWS) Florida Ecological Services Field Office (FESFO) as described in Section 2.0. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts near the project activity. Results from these surveys will be included in the Biological Assessment (BA) to support coordination with the USFWS and determine project effects to the species as part of the Section 7 review for Carnestown X601 under the Endangered Species Act (ESA) (Project Code 2023-0092905). Page 448 of 5415 Carnestown X601 Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 2 2.0 BACKGROUND Carnestown X601 is a new communication tower (i.e., 350-foot-tall, self-supporting structure) that will replace a nearby tower that is being decommissioned. The new tower is needed to provide public safety communications. The owner and operator of the tower shall be the State of Florida. Construction of the tower is scheduled to start within the next 6 months and anticipated to last for a duration of 3-5 months. The compound layout and elevation view for Carnestown X601 are provided in Appendix A. Atlas obtained an Official Species List from the USFWS FESFO via the Information for Planning and Consultation (IPaC) tool on June 13, 2023 (Project Code 2023-0092905) (Appendix B). The FBB was identified as a potentially occurring species and FBB Proposed CH was identified as occurring within the Project Site. The Florida Bonneted Bat Consultation Guidelines (USFWS 2019) were provided as part of the environmental review process. Because the Project Site is located within the Consultation Area for the FBB, the USFWS ESA Determination Key for Clearance to Proceed with Communication Tower Projects in Florida is not applicable (Appendix B). Therefore, project-level consultation is required between the Federal Communication Commission (FCC) and the USFWS regarding listed species impacts, including those to the FBB, as a result of the proposed activity. On behalf of Atlas, EcoWild contacted staff from the USFWS FESFO to determine the appropriate level of survey for the FBB on the Project Site. The USFWS (i.e., Ms. Sandra Sneckenberger) was contacted via email by EcoWild on August 21, 2023 (Appendix B) and a subsequent phone conversation occurred on September 6, 2023 between EcoWild (i.e., Ms. Colleen Reilly) and Ms. Sneckenberger. Through this coordination and a discussion of the project location, available habitats, and the proposed activity, it was determined that a combination of a limited roost survey on the Project Site and a 250-foot buffer (Survey Area) and an acoustic survey should provide the information needed regarding FBB presence and use of the Project Site to evaluate the project under the ESA. Page 449 of 5415 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 3 3.0 ECOLOGICAL CONDITIONS Habitats within the FBB Survey Area (±11.48 acres) were assigned a land use classification in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) and Florida Natural Area Inventory (FNAI) Cooperative Land Cover (CLC) (FWC-FNAI 2022) (Figure 3, Table 3.0-1). Representative habitat photographs are provided in Appendix C. The majority of habitats within the Project Site (±0.98 acres) are mapped as Mixed Scrub-Shrub Wetland (2112) and Transportation (1840); however, habitats found on the Project Site as described in the field primarily consist of open, overgrown grassy and weedy vegetation situated around a metal fire building with two paved entry/exit ways and parking area. The fire control building is not actively in use and is being utilized for storage. Debris and other trash items were observed on the ground. A few cabbage palm trees are present on the Project Site, and an area of herbaceous wetland marsh is situated between the paved entryways along Tamiami Trail East. The majority of habitats within the 250-foot buffer (±10.50 acres) of the Project Site are mapped as forested/shrub wetlands (2112, 2210, 2211, 2240). On the south side of Tamiami Trail East, the buffer consists of cypress swamp with occasional native hardwoods and melaleuca trees, in addition to areas of shrub swamp that are dominated by dahoon holly. Grasses dominated the understory. Occasional native pine trees and Brazilian pepper shrubs are present along the outer edges of the swamp at the edge of the Project Site. On the north side of Tamiami Trail East, the buffer area consists of a large canal and cypress swamp. Table 3.0-1 Land Cover Summary for the Carnestown X601 Survey Area. Code Description 250-ft Buffer Project Site Total Acres Acres Percent Acres Percent 2112 Mixed Scrub-Shrub Wetland 3.80 36.19 0.89 90.82 4.69 2210 Cypress/Tupelo (Cypress/Tupelo mixed) 1.53 14.57 0.00 0.00 1.53 2211 Cypress 2.15 20.48 0.00 0.00 2.15 2240 Mixed Hardwood-Coniferous Swamps 1.91 18.19 0.00 0.00 1.91 4210 Canal 0.03 0.29 0.00 0.00 0.03 22322 Prairie Hydric Hammock 0.05 0.48 0.00 0.00 0.05 1840 Transportation 1.03 9.81 0.09 9.18 1.12 TOTAL 10.50 100.00 0.98 100.00 11.48 Page 450 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 4.0 METHODOLOGY A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS as further described below. 4.1 LIMITED ROOST SURVEY EcoWild conducted a pedestrian survey to determine the presence and location of any potentially suitable roosting structures for the FBB within the Project Site and a 250-foot buffer referred to collectively as the Survey Area (±11.48 acres). In accordance with the USFWS Florida Bonneted Bat Consultation Guidelines (2019), potentially suitable roosting structures included mature trees, snags, and manmade structures generally taller than 30 feet with a DBH of 8 inches or greater, that displayed cavities, crevices, hollows, loose bark, etc. occurring at least 15 feet above ground level. All habitats in the Survey Area were included in the pedestrian survey. Transects were adequately spaced to ensure all mature trees and snags were inspected. Biologists visually inspected the canopy for potential roost areas and utilized binoculars and cameras with zoom lenses to examine the structures. If potential roost areas were identified, the structure type, roost area type (e.g., cavity, hollow, loose bark, etc.), and roost area height were documented. Biologists also searched for evidence of bat usage at the structures (e.g., guano, staining, audible sound, etc.). GPS coordinates were recorded, and photographs were obtained of the structures, potential roost areas, and surrounding habitats. EcoWild then visually inspected each identified roost area using a video “peeper” camera that extended up to 35 feet on a fiberglass pole to ensure all contents of the roost area were viewed. All visual inspections occurred during daylight hours. EcoWild obtained video and/or still photos of each roost area to assist with identification by species and estimate number of individuals (if present). 4.2 ACOUSTIC SURVEY EcoWild conducted an acoustic survey on the Project Site in accordance with the guidance obtained from the USFWS FESFO during a phone call on September 6, 2023 and using methods outlined in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). Through coordination it was determined that 1 detector deployed for 9-10 valid nights of survey was an appropriate level of survey effort to determine the level of FBB activity that may occur on or near the Project Site. Final placement for the detector was determined in the field during the limited roost survey effort and was based on habitat suitability, access availability, and security of the equipment. EcoWild collected pertinent habitat data and Page 451 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 collected photographs to document current conditions in the area of the deployed acoustic detector. The acoustic survey was conducted using a Song Meter (SM4BATFS [Full Spectrum]) ultrasonic recorder equipped with high frequency microphone (SMM-U2) (Wildlife Acoustics, Inc.) mounted approximately 10 feet above ground level. The detector was calibrated and programmed to record 30 minutes prior to sunset until 30 minutes after sunrise each day and to trigger for data collection at low frequency (7 kHz). EcoWild monitored hourly weather conditions on a daily basis for the duration of the deployment by referencing the nearest available NOAA weather station (i.e., Southwest Florida International Airport Station [KRSW]) to provide assurances that data collected during acceptable weather conditions (i.e., “valid night”) as specified in Florida Bonneted Bat Consultation Guidelines (USFWS 2019) were used for analyses and reporting. Once the required valid nights of data were collected, EcoWild removed the detector from the Project Site. 4.3 DATA ANALYSIS All acoustic data were downloaded and processed using Kaleidoscope Pro (KPro) software (Kaleidoscope Pro version 5.6.3). KPro extracts parameters including the frequency, time, and slope components of each pulse to help filter out calls by the targeted species. As part of the auto-identification processing each pulse is assigned to a species, and species-level identifications are based on the most frequently identified species. In accordance with the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023), 10 classifiers were included in the analysis representing the following species that may within the distribution of the FBB in Collier County: Rafinesque’s big-eared bat (Corynorhinus rafinesquii), big brown bat (Eptesicus fuscus), FBB, eastern red bat/seminole bat (Lasiurus borealis/L. seminolus), northern yellow bat (L. intermedius), Pallas’s mastiff bat (Molossus molossus), southeastern myotis (Myotis austroriparius), evening bat (Nycticeius humeralis), Tricolored bat (Perimyotis subflavus), and Mexican free-tailed bat (Tadarida brasiliensis). Minimum number of identifying pulses was set at “2” with a classifier setting of “0” or “Balanced (Neutral)” for analysis in KPro. The Bats of North America 5.4.0 classifier package was used allowing calls to be classified to the species level based on the greatest percentage of the call sequence classified as a single species. Low-frequency call files and noise files were then visually and audibly examined. Methods used for qualitative vetting of the calls include identification to species by focusing on morphological call characteristics such as frequency, slope, duration, and intensity in addition to listening to calls at normal and reduced speeds. If KPro identified detections for FBB (i.e., low frequency [≤20 kHz] call sequence commonly associated with the species), each call was examined to determine if classification was correct and/or then manually re-classified, when possible, as another species (e.g., TADBRA) or noise (e.g., avian noise). This review was done for all low frequency calls (≤20 kHz) including calls that were classified by Page 452 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 KPro as other bat species to ensure no FBB calls were misclassified by KPro. Because detectors may record ambient noise that can be misread as bats, these calls were also reviewed to confirm whether they were false positives. Specific data sets were reviewed for any FBB detections (i.e., reviewing calls collected during certain periods of date/time around positive FBB detection) to ensure proper identification and that other FBB calls were not classified by KPro as another species, noise, or with no ID. Page 453 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 5.0 RESULTS Results from the combination FBB survey effort are provided below. Results confirm some FBB activity on the Project Site but do not indicate roosting in likely on the Project Site or in the immediate vicinity. 5.1 LIMITED ROOST SURVEY EcoWild conducted the pedestrian survey and visual inspection of potential roost areas over 2 field days on October 11, 2023 and October 28, 2023. Representative photographs are provided in Appendix C. Three (3) potentially suitable roosting structures were recorded in the Survey Area (Figure 4). This included 2 dead trees/snags (i.e., “PR2” [pine] and “PR1” [maple]) and 1 metal building (i.e., “PR3”) that is just under 15 feet in total height along the edges and estimated at 15 feet at the center. Potential roost areas for the FBB included cavities, loose bark, and other open areas that extended 15 feet (or greater) in height in addition to open gaps or structural voids associated with the onsite building. All roost areas identified within the Survey Area were adequately viewed with binoculars and using a video “peeper” camera. Images and footage were viewed both in the field and on a computer screen to ensure adequate review. No FBB (or other bats) were found occupying any of the structures and no other evidence of FBB (or other bat) usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures identified within the Survey Area were considered to have a low to moderate probability of supporting the FBB, based on their physical condition, but were visually inspected as part of a conservative survey effort to detect FBB roosting considering known occurrences of the species in the general vicinity. A pileated woodpecker (Dryocopus pileatus) was observed in association with PR1, but no avian nest sites were identified at PR1 at the time of visual inspection. 5.2 ACOUSTIC SURVEY EcoWild deployed 1 detector (“CT-1”) on the Project Site on October 11, 2023 for 10 survey nights (Figure 4). Detector placement was determined in the field based on conditions (i.e., prioritizing areas with limited acoustic clutter, near potential roosting habitat, and considering visibility/security of equipment). Valid nights of survey were determined using the weather data from the Southwest Florida International Airport Station [KRSW] (Appendix D). Examination of the summary log file(s) indicated that the detector functioned as programmed (i.e., no unusual occurrences) and the detector was removed from the Page 454 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 Project Site on October 28, 2023. Location information and valid nights of the acoustic survey are provided below in Table 5.2-1. Table 5.2-1 Acoustic Survey Summary for the Carnestown X601 Project. Valid Nights Detector ID Sampling Location Habitat Latitude Longitude 10/11/2023 10/14/2023 10/15/2023 10/18/2023 10/19/2023 10/20/2023 10/21/2023 10/22/2023 10/23/2023 10/26/2023 CT-1 25.89506 81.28128 Open habitat on the Project Site near the southeastern forested edge where potential roosting habitat (i.e., mature pines, cabbage palms, and abandoned building) are in the vicinity. 5.3 DATA ANALYSIS A total of 6,075 files were collected during the valid nights of survey at CT-1. Based on the KPro analysis of species identification, 9 of 10 potentially occurring species were identified during the survey (Table 5.3-1, Appendix E). The majority of calls were classified by KPro as noise (n=3,111) or as one of two common bat species: Mexican free-tailed bat (n=1,010) and the evening bat (n=805). Of the total recorded calls, 13 were identified as FBB based on low frequencies (<20kHz) and call sequences. Table 5.3-1 Summary of KPro File Identification for the Carnestown X601 Project. SITE CORRAF* EPTFUS EUMFLO LABOLASE* LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRA Noise NO ID TOTAL CT-1 0 126 13 23 203 14 1 850 205 1,010 3,111 519 6,075 CORRAF* = Rafinesque’s big-eared bat (Corynorhinus rafinesquii), EPTFUS = big brown bat (Eptesicus fuscus), EUMFLO = Florida bonneted bat (Eumops floridanus), LABOLASE* = eastern red bat/seminole bat (Lasiurus borealis/L. seminolus), LASINT = northern yellow bat (L. intermedius), MOLMOL = Pallas’s mastiff bat (Molossus molossus), MYOAUS = southeastern myotis (Myotis austroriparius), NYCHUM = evening bat (Nycticeius humeralis), PERSB = Tricolored bat (Perimyotis subflavus), and TADBRA = Mexican free-tailed bat (Tadarida brasiliensis). *Species ID changed manually for reporting purposes based on USFWS 2023 guidance. Electronic survey data have been provided to USFWS as part of the Section 7 consultation process in accordance with the guidance provided in the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023). Page 455 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 The manual review of low frequency data by EcoWild resulted in reclassification of 10 of the total calls that were identified as FBB by KPro with a correct identification as being avian (n=4) or TADBRA (n=6) (Appendix E). Three (3) of the 13 calls identified by KPro as FBB during the valid nights of survey are determined to be representative of the FBB and confirm FBB activity on the Project Site (Appendix E). A summary of the FBB calls identified during the survey are provided below in Table 5.3-2. A copy of the sonograms as viewed in KPro (normal and compressed views) are provided in Appendix F. Table 5.3-2 Summary of Manual FBB Identification for the Carnestown X601 Project. SITE IN FILE DATE TIME AUTO ID MATCH RATIO MANUAL ID CT-1 CT1_20231026_214226_000.wav 10/26/2023 21:42:26 EUMFLO 1 EUMFLO CT-1 CT1_20231011_204931_000.wav 10/11/2023 20:49:31 EUMFLO 1 EUMFLO CT-1 CT1_20231011_204940_000.wav 10/11/2023 20:49:40 EUMFLO 1 EUMFLO If FBB feeding buzzes, social calls, or 9 or more calls are recorded in one night, results indicate that a survey area is actively used and important to the FBB. However, based on the number and type of FBB calls confirmed during the survey it is determined that while bats are using the Project Site, collected data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). According to the USFWS, roosting is likely occurring if FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset or within 1.5 hours before sunrise and if emergence calls are recorded. The type of FBB calls identified and the date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site (i.e., sunset was at 7:02 PM on 10/11/23 and sunset was at 6:48 PM on 10/26/23). Page 456 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 6.0 CONCLUSION A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in coordination with guidance from staff from the USFWS ESFO. The purpose of the surveys was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts near the project activity to support evaluation under the ESA. EcoWild conducted a limited roost survey and acoustic survey on the Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey, 3 potentially suitable roosting structures were recorded in the Survey Area. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures identified within the Survey Area were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the valid nights of acoustic survey. The majority of calls were classified by KPro as noise or as one of two common bat species: Mexican free-tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz) and call sequences. Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some activity on the Project Site by the species. Based on the number and type of FBB calls confirmed during the survey, it is determined that, while bats are using the Project Site, collected data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. According to the USFWS (2019), determining the likelihood of roosting is challenging, but the results from the combination surveys do not indicate FBB are roosting on the Project Site or in the immediate vicinity. Electronic survey data will be provided to USFWS as part of the Section 7 consultation process in accordance with the guidance provided in the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023). Results from these surveys will be included in the Biological Assessment (BA) to support coordination with the USFWS and to determine effects to the species as part of the Section 7 review for Carnestown X601 under the ESA. Page 457 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 7.0 REFERENCES Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2022. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ National Oceanic and Atmospheric Administration (NOAA). 2023. Climate Data Online. National Centers for Environmental Information. https://www.ncdc.noaa.gov/cdo-web/ U.S. Fish and Wildlife Service (USFWS). 2023. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2019. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. Page 458 of 5415 FIGURES Page 459 of 5415 ^Tower Site Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community 0 1 2 3 40.5 Miles Figure 1 - Location Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend ^Project Location Page 460 of 5415 ^Tower Site Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 6 12 18 243Miles Figure 2 - Florida Bonneted Bat Consultation Area and Critical Habitat Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend ^Project Location Florida Bonneted Bat - Proposed Critical Habitat Florida Bonneted Bat Consultation Area Page 461 of 5415 2112 2240 2210 2211 1840 2211 2112 22322 2211 4210 22322 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.015 0.03 0.045 0.060.0075 Miles Figure 3 - Land Use/Land Cover Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend Approximate Project Area (±0.98 ac.) 250' Buffer Area (±10.50 ac.) Habitat Descriptions (Buffer Area/Project Area) 1840 - Transportation (±1.03 ac/±0.09 ac.) 2112 - Mixed Scrub-Shrub Wetland (±3.80 ac./±0.89 ac.) 2210 - Cypress/Tupelo (Cypress/Tupelo mixed) (±1.53 ac./±0.00 ac.) 2211 - Cypress (±2.15 ac./±0.00 ac.) 2240 - Mixed Hardwood-Coniferous Swamps (±1.91 ac./±0.00 ac.) 4210 - Canal (±0.03 ac./±0.00 ac.) 22322 - Prairie Hydric Hammock (±0.05 ac./±0.00 ac.) Page 462 of 5415 !. !. !. %2 PR-3 PR-2 PR-1 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.015 0.03 0.045 0.060.0075 Miles Figure 4 - FBB Survey Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend Approximate Project Area (±0.98 ac.) 250' Buffer Area (±10.50 ac.) %2 Acoustic Detector Location !.Potential Roost Sites (3) Page 463 of 5415 APPENDIX A Page 464 of 5415 SUBMITTALS NOT TO SCALE COMPOUND LAYOUT N SHEET 1 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 465 of 5415 NOT TO SCALE ELEVATION VIEW SUBMITTALS SHEET 2 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 466 of 5415 APPENDIX B Page 467 of 5415 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 468 of 5415 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 469 of 5415 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 470 of 5415 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 471 of 5415 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 472 of 5415 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 473 of 5415 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 474 of 5415 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 475 of 5415 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 476 of 5415 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 477 of 5415 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 478 of 5415 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 479 of 5415 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 480 of 5415 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 481 of 5415 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 482 of 5415 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 483 of 5415 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 484 of 5415 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 485 of 5415 Page 486 of 5415 Page 487 of 5415 From:Colleen Reilly To:Sneckenberger, Sandra Subject:Carnestown Tower (Collier County) Date:Monday, August 21, 2023 11:21:00 AM Attachments:image001.png CARNESTOWN Rev 3 LE_060623.pdf Tower Site.kmzHi Sandra, Please see attached for a site plan associated with the Carnestown communication towerproject located at the site of the Ochopee Fire Station on US41 in Collier County. Theowner of this tower will be the Florida Department of Management Services and thetower will be used for public safety communication. It is understood that this project wasdetermined to be outside of the scope of the Communication Tower Projects keyprovided by the USFWS. The Project Code from the official species list is: 2023-0092905. Do you have a few minutes available this week to discuss the field efforts that may bewarranted for the Florida bonneted bat? The project is in proposed critical habitat for the species and the self-support towerstructure will be approximately 350 feet in height. No land clearing is proposed as part ofthe construction, and I am told that the temporary workspaces will only include theexisting asphalt drives. It looks like there are some mature native trees near the workareas. I am planning to visit the site in the next week or two and want to ensure we collect theinformation needed to evaluate potential impacts to the FBB. I appreciate the chance tocoordinate with you in advance considering the unique project and location. Thank you,Colleen Colleen M. Reilly PrincipalEcoWild Consulting GroupTampa, Florida(813) 410-1713 Page 488 of 5415 APPENDIX C Page 489 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 1. Potential Roost 1 (1). Page 490 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 2. Potential Roost 1 (2). Page 491 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 3. Potential Roost 2. Page 492 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 4. Potential Roost 3 (1). Page 493 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 5. Potential Roost 3 (2). Page 494 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 6. Potential Roost 3 (3). Page 495 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 7. Potential Roost 3 (4). Page 496 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 8. Area of CT-1. Page 497 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 9. Representative Habitat (CT-1) (1). Page 498 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 10. Representative Habitat (CT-1) (2). Page 499 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 11. Representative Habitat (CT-1) (3). Page 500 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 12. Representative Habitat (Buffer) (1). Page 501 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 13. Representative Habitat (Buffer) (2). Page 502 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 14. Representative Habitat (Buffer) (3). Page 503 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 15. Representative Habitat (Buffer) (4). Page 504 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 16. Representative Habitat (Buffer) (5). Page 505 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 17. Representative Habitat (Buffer) (6). Page 506 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 18. Representative Habitat (Buffer) (7). Page 507 of 5415 APPENDIX D Page 508 of 5415 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Daily Summary October 2023 Generated on 12/01/2023 Maximum Wind Speed = MPH Temperature (F) Degree Days (base 65F) Sun (LST)Weather Precipitation (in)Pressure (inHg)Wind Direction = Degrees D a t e Max Min Avg Dep ARH ADP AWB Heat Cool Rise Set Weather Type TLC Snow Fall Snow Depth Avg Stn Avg SL Avg Speed Peak Speed Peak Dir Sust. Speed Sust. Dir 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 01 91 75 83 2.0 0 18 0619 1814 TS RA FG BR 0.01 0.0 0 29.91 7.8 30 060 23 050 02 88 74 81 0.1 0 16 0620 1813 T 0.0 0 29.90 13.2 36 060 26 070 03 87 72 80 -0.7 0 15 0620 1811 BR HZ 0.00 0.0 0 29.90 11.5 29 060 22 050 04 90 72 81 0.4 0 16 0621 1810 T 0.0 0 29.88 10.0 26 060 21 050 05 91 73 82 1.6 0 17 0621 1809 0.00 0.0 0 29.86 6.8 16 090 12 080 06 91* 73 82 1.8 0 17 0622 1808 0.00 0.0 0 29.85 3.6 12 300 8 300 07 90 74 82 1.9 0 17 0622 1807 0.00 0.0 0 29.85 5.8 20 250 16 220 08 86 72 79 -0.9 0 14 0623 1806 0.00 0.0 0 29.83 5.1 21 350 14 350 09 81 69 75 -4.7 0 10 0623 1805 T 0.0 0 29.86 6.6 19 030 13 360 10 87 70 79 -0.5 0 14 0624 1804 0.00 0.0 0 29.85 5.7 15 070 12 070 11 89 74 82 2.7 0 17 0624 1803 RA 0.08 0.0 0 29.78 7.5 31 150 22 120 12 88 79 84 5.0 0 19 0625 1802 RA BR 0.61 0.0 0 29.71 17.8 42 210 30 220 13 85 78 82 3.2 0 17 0625 1801 TS RA FG BR 1.95 0.0 0 29.77 5.5 20 320 16 240 14 86 75 81 2.4 0 16 0626 1800 RA T 0.0 0 29.80 4.9 20 300 13 310 15 84 70 77 -1.3 0 12 0626 1759 T 0.0 0 29.77 5.0 28 300 16 310 16 77 62 70 -8.1 0 5 0627 1758 T 0.0 0 29.82 7.7 27 310 17 310 17 74 56 65 -12.8 0 0 0627 1757 0.00 0.0 0 29.98 7.8 23 350 15 350 18 80 56* 68 -9.6 0 3 0628 1756 0.00 0.0 0 30.03 5.6 20 080 13 060 19 83 63 73 -4.3 0 8 0628 1755 0.00 0.0 0 29.98 8.6 33 060 16 080 20 85 66 76 -1.1 0 11 0629 1754 0.00 0.0 0 29.85 4.6 18 300 12 290 21 87 67 77 0.2 0 12 0630 1753 0.00 0.0 0 29.86 4.0 19 320 14 230 22 83 66 75 -1.6 0 10 0630 1753 MIFG BR FG 0.00 0.0 0 29.93 2.2 9 310 7 250 23 87 64 76 -0.3 0 11 0631 1752 0.00 0.0 0 29.98 7.9 19 070 15 070 24 86 67 77 1.0 0 12 0631 1751 0.00 0.0 0 30.06 12.0 33 100 24 070 25 85 65 75 -0.8 0 10 0632 1750 0.00 0.0 0 30.06 12.1 35 070 26 060 26 87 67 77 1.5 0 12 0632 1749 0.00 0.0 0 30.04 11.7 30 060 23 070 27 86 66 76 0.7 0 11 0633 1748 0.00 0.0 0 30.05 11.0 29 070 23 070 28 86 68 77 2.0 0 12 0634 1748 0.00 0.0 0 30.03 11.3 29 040 23 070 29 87 67 77 2.2 0 12 0634 1747 0.00 0.0 0 29.96 10.8 28 080 22 070 30 89 68 79 4.5 0 14 0635 1746 0.00 0.0 0 29.86 5.9 16 090 12 070 31 88 70 79 4.7 0 14 0636 1745 0.00 0.0 0 29.83 5.6 17 340 12 310 85.9 69.0 77.5 Monthly Averages | Totals 2.64 29.90 29.92 7.8 -0.5 0.0 -0.2 Departure from Normal (1981-2010)-0.44s Degree Days Number of days with... Monthly Season-to-date Temperature Total Departure Total Departure Max Min Precipitation Snow Weather Heating 0 -2 0 >=90° <=32° <=32°<=0° >=0.01" >=0.1" >=1" T-Storms Heavy Fog Cooling 386 -9 4035 5 0 0 0 3s 2 0 2 1 Date of 5-sec to 3-sec wind equipment change Sea Level Pressure Greatest... Date Time 24-Hr... Maximum 30.13 27 0926 Precip Snowfall Snow Depth2009-02-09 Minimum 29.70 12 1600 1.98 Date 12-13 Station Augmentation Name:N/A Lat: N/A Lon: N/A Elevation: N/A Distance: N/A Elements: N/A Equipment: N/A Page 509 of 5415 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Hourly Observations October 2023 Generated on 12/01/2023 Weather Type (see documentation)Dry Bulb Temp Wet Bulb Temp Dew Point TempD a t e Time (LST) Sta- tion Type Sky Conditions Visi- bility AU | AW | MW (F) (C) (F) (C) (F) (C) Rel Hum % Wind Spee d (MPH) Wind Dir (Deg) Wind Gusts (MPH) Station Press (inHg) Press . Tend Net 3- Hr Change (inHg) Sea Level Press . (inHg) Report Type Precip Total (in) Alti- meter Setting (inHg) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 11 0053 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 5 080 29.84 8 +0.03 29.85 FM-15 0.00 29.87 11 0153 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 5 080 29.81 29.83 FM-15 0.00 29.84 11 0253 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 3 070 29.81 29.83 FM-15 0.00 29.84 11 0353 7 CLR:00 10.00 75 23.9 74 23.3 74 23.3 96 3 020 29.80 6 +0.03 29.82 FM-15 0.00 29.83 11 0453 7 CLR:00 10.00 74 23.3 73 22.8 73 22.8 97 5 040 29.81 29.83 FM-15 0.00 29.84 11 0553 7 CLR:00 10.00 74 23.3 73 22.8 73 22.8 97 6 050 29.82 29.84 FM-15 0.00 29.85 11 0653 7 CLR:00 10.00 74 23.3 74 23.3 74 23.3 100 6 080 29.82 1 -0.02 29.84 FM-15 0.00 29.85 11 0753 7 CLR:00 10.00 77 25.0 76 24.4 75 23.9 94 8 110 29.84 29.86 FM-15 0.00 29.87 11 0853 7 CLR:00 10.00 82 27.8 77 25.0 75 23.9 79 8 110 29.85 29.88 FM-15 0.00 29.88 11 0953 7 CLR:00 10.00 84 28.9 78 25.6 75 23.9 74 14 130 29.85 0 -0.02 29.87 FM-15 0.00 29.88 11 1053 7 BKN:07 31 BKN:07 39 10.00 86 30.0 78 25.6 75 23.9 70 10 110 29.84 29.86 FM-15 0.00 29.87 11 1153 7 FEW:02 31 10.00 89 31.7 79 26.1 75 23.9 63 10 140 29.81 29.83 FM-15 0.00 29.84 11 1237 7 FEW:02 29 BKN:07 35 BKN:07 48 2.00 -RA:02 |RA |RA 82 27.8 78 25.6 77 25.0 85 8 100 31 29.79 FM-16 0.07 29.82 11 1246 7 FEW:02 28 SCT:04 35 10.00 84 28.9 80 26.7 79 26.1 85 9 070 29.78 FM-16 0.07 29.81 11 1253 7 SCT:04 33 10.00 84 28.9 80 26.7 78 25.6 82 8 070 29.78 8 +0.06 29.80 FM-15 0.07 29.81 11 1353 7 SCT:04 34 BKN:07 43 10.00 86 30.0 79 26.1 76 24.4 72 11 160 29.76 29.78 FM-15 0.00 29.79 11 1453 7 FEW:02 37 FEW:02 60 10.00 87 30.6 78 25.6 75 23.9 67 10 190 29.73 29.75 FM-15 0.00 29.76 11 1553 7 FEW:02 46 FEW:02 80 10.00 88 31.1 79 26.1 76 24.4 68 3 080 29.73 6 +0.05 29.75 FM-15 T 29.76 11 1653 7 FEW:02 75 FEW:02 95 10.00 85 29.4 79 26.1 77 25.0 77 10 180 29.73 29.75 FM-15 0.00 29.76 11 1753 7 CLR:00 10.00 83 28.3 79 26.1 77 25.0 82 9 160 29.74 29.76 FM-15 0.00 29.77 11 1853 7 CLR:00 10.00 81 27.2 77 25.0 76 24.4 85 6 150 29.74 2 -0.01 29.76 FM-15 0.00 29.77 11 1953 7 CLR:00 10.00 80 26.7 77 25.0 76 24.4 87 7 150 29.74 29.76 FM-15 0.00 29.77 11 2053 7 CLR:00 10.00 79 26.1 77 25.0 76 24.4 90 7 150 29.75 29.77 FM-15 0.00 29.78 11 2153 7 CLR:00 10.00 79 26.1 78 25.6 77 25.0 94 8 150 29.75 3 -0.02 29.78 FM-15 0.00 29.78 11 2253 7 CLR:00 10.00 79 26.1 78 25.6 78 25.6 97 9 160 29.75 29.77 FM-15 0.00 29.78 11 2353 7 FEW:02 30 SCT:04 55 9.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 8 160 29.73 29.75 FM-15 0.01 29.76 12 0051 6 FEW:02 16 BKN:07 28 BKN:07 95 3.00 RA:02 BR:1 |RA |RA 81 27.2 80 26.7 79 26.1 94 8 170 29.71 FM-16 29.74 12 0053 7 FEW:02 16 BKN:07 28 BKN:07 95 4.00 RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 9 160 29.71 8 +0.05 29.73 FM-15 0.11 29.74 12 0101 7 SCT:04 17 BKN:07 30 OVC:08 95 5.00 -RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 11 180 29.72 FM-16 0.02 29.75 FEW:02 17 12 0105 7 2.50 +RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 8 200 29.72 FM-16 0.13 29.75 Page 510 of 5415 OVC:08 26 12 0110 7 FEW:02 6 FEW:02 15 OVC:08 21 1.50 +RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 29.71 FM-16 0.23 29.74 12 0119 7 FEW:02 6 BKN:07 19 OVC:08 32 3.00 -RA:02 BR:1 |RA |RA 79 26.1 78 25.6 78 25.6 97 5 230 29.70 FM-16 0.29 29.73 12 0136 7 SCT:04 21 10.00 81 27.2 80 26.7 79 26.1 94 8 180 29.70 FM-16 0.30 29.73 12 0153 7 FEW:02 19 SCT:04 35 BKN:07 75 10.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 10 170 29.70 29.72 FM-15 0.32 29.73 12 0253 7 FEW:02 17 10.00 81 27.2 80 26.7 80 26.7 97 10 200 29.70 29.72 FM-15 0.03 29.73 12 0328 7 SCT:04 17 BKN:07 27 BKN:07 100 8.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 11 190 29.69 FM-16 0.07 29.72 12 0349 7 FEW:02 19 SCT:04 27 10.00 81 27.2 80 26.7 79 26.1 94 13 200 29.69 FM-16 0.07 29.72 12 0353 7 FEW:02 16 FEW:02 27 10.00 81 27.2 80 26.7 79 26.1 94 14 200 29.69 6 +0.01 29.71 FM-15 0.07 29.72 12 0453 7 FEW:02 16 FEW:02 60 10.00 81 27.2 81 27.2 81 27.2 100 14 200 29.71 29.73 FM-15 0.01 29.74 12 0553 7 FEW:02 13 SCT:04 29 BKN:07 50 9.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 15 210 29.71 29.73 FM-15 0.04 29.74 12 0653 7 FEW:02 17 10.00 82 27.8 81 27.2 80 26.7 94 16 210 24 29.72 1 -0.03 29.74 FM-15 T 29.75 12 0753 7 FEW:02 19 10.00 83 28.3 81 27.2 80 26.7 91 20 210 29.73 29.75 FM-15 0.00 29.76 12 0853 7 SCT:04 19 SCT:04 24 10.00 85 29.4 81 27.2 80 26.7 85 24 210 34 29.74 29.76 FM-15 0.00 29.77 12 0953 7 SCT:04 22 BKN:07 28 10.00 86 30.0 81 27.2 79 26.1 80 29 210 39 29.75 3 -0.03 29.77 FM-15 0.00 29.78 12 1013 7 FEW:02 22 10.00 87 30.6 81 27.2 79 26.1 77 25 220 37 29.75 FM-16 29.78 12 1053 7 SCT:04 23 SCT:04 30 10.00 87 30.6 81 27.2 79 26.1 77 29 220 40 29.75 29.77 FM-15 0.00 29.78 12 1153 7 SCT:04 20 SCT:04 26 BKN:07 32 10.00 87 30.6 82 27.8 80 26.7 80 26 210 34 29.74 29.75 FM-15 0.00 29.77 12 1232 6 BKN:07 24 10.00 86 30.0 81 27.2 79 26.1 80 24 220 36 29.73 FM-16 29.76 12 1253 6 BKN:07 24 10.00 87 30.6 81 27.2 79 26.1 77 20 220 36 29.72 8 +0.03 29.74 FM-15 0.00 29.75 12 1308 6 SCT:04 23 10.00 87 30.6 80 26.7 78 25.6 75 28 220 37 29.72 FM-16 29.75 12 1324 6 BKN:07 25 10.00 87 30.6 81 27.2 79 26.1 77 23 220 33 29.72 FM-16 29.75 12 1349 6 SCT:04 25 BKN:07 34 10.00 88 31.1 81 27.2 79 26.1 75 21 220 33 29.70 FM-16 29.73 12 1353 6 SCT:04 26 BKN:07 34 10.00 88 31.1 81 27.2 79 26.1 75 24 210 34 29.70 29.72 FM-15 0.00 29.73 12 1453 6 FEW:02 25 10.00 86 30.0 80 26.7 78 25.6 77 24 220 32 29.69 29.71 FM-15 0.00 29.72 12 1553 7 CLR:00 10.00 86 30.0 80 26.7 77 25.0 75 21 210 28 29.68 8 +0.02 29.70 FM-15 0.00 29.71 12 1653 7 CLR:00 10.00 85 29.4 80 26.7 78 25.6 80 17 220 29.70 29.72 FM-15 0.00 29.73 12 1753 7 CLR:00 10.00 84 28.9 80 26.7 78 25.6 82 13 220 29.70 29.72 FM-15 0.00 29.73 12 1853 7 CLR:00 10.00 83 28.3 79 26.1 78 25.6 85 10 220 29.72 1 -0.04 29.74 FM-15 0.00 29.75 12 1953 7 FEW:02 48 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 29.73 29.75 FM-15 0.01 29.76 12 1958 7 FEW:02 46 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 17 210 29.73 FM-16 T 29.76 12 2053 7 FEW:02 55 FEW:02 90 10.00 -RA:02 |RA |RA 83 28.3 80 26.7 79 26.1 88 11 220 29.75 29.77 FM-15 0.01 29.78 12 2124 7 FEW:02 23 BKN:07 28 OVC:08 36 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 13 210 29.76 FM-16 T 29.79 12 2142 7 SCT:04 23 BKN:07 55 OVC:08 75 10.00 -RA:02 |RA |RA 82 27.8 79 26.1 78 25.6 88 15 240 29.76 FM-16 0.01 29.79 Page 511 of 5415 12 2153 7 FEW:02 19 SCT:04 50 BKN:07 60 10.00 -RA:02 |RA |RA 81 27.2 79 26.1 78 25.6 91 14 240 29.76 1 -0.04 29.78 FM-15 0.01 29.79 12 2253 7 SCT:04 21 BKN:07 43 BKN:07 55 10.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 11 250 29.76 29.78 FM-15 T 29.79 12 2353 7 BKN:07 75 10.00 81 27.2 80 26.7 79 26.1 94 10 240 29.74 29.76 FM-15 0.00 29.77 13 0053 7 BKN:07 34 BKN:07 50 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 79 26.1 94 7 240 29.74 5 +0.01 29.76 FM-15 T 29.77 13 0153 7 BKN:07 41 BKN:07 55 10.00 80 26.7 80 26.7 80 26.7 100 6 230 29.73 29.75 FM-15 0.02 29.76 13 0200 7 FEW:02 11 BKN:07 41 10.00 VCTS:7 ||81 27.2 80 26.7 80 26.7 97 7 220 29.73 FM-16 29.76 13 0215 7 FEW:02 10 SCT:04 31 BKN:07 41 10.00 81 27.2 80 26.7 80 26.7 97 10 210 29.74 FM-16 29.77 13 0226 7 FEW:02 10 BKN:07 29 BKN:07 40 10.00 80 26.7 79 26.1 79 26.1 97 10 200 29.73 FM-16 29.76 13 0253 7 BKN:07 25 10.00 VCTS:7 ||80 26.7 79 26.1 78 25.6 94 5 190 29.73 29.75 FM-15 0.00 29.76 13 0308 7 SCT:04 23 BKN:07 29 BKN:07 36 10.00 TS:7 |TS TS |79 26.1 78 25.6 78 25.6 97 6 190 29.72 FM-16 29.75 13 0315 7 FEW:02 23 BKN:07 31 10.00 TS:7 -RA:02 |RA TS TS |RA 79 26.1 78 25.6 78 25.6 97 6 200 29.72 FM-16 T 29.75 13 0323 7 SCT:04 23 BKN:07 31 10.00 -RA:02 |RA |RA 79 26.1 78 25.6 78 25.6 97 7 210 29.72 FM-16 T 29.75 13 0342 7 FEW:02 21 BKN:07 29 BKN:07 60 2.50V +RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 5 260 29.72 FM-16 0.07 29.75 13 0351 6 FEW:02 13 BKN:07 21 OVC:08 60 3.00 RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.73 FM-16 29.76 13 0353 7 SCT:04 16 BKN:07 25 OVC:08 60 3.00 +RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.72 6 +0.02 29.75 FM-15 0.12 29.75 13 0408 7 SCT:04 8 BKN:07 15 OVC:08 20 10.00 -RA:02 |RA |RA 80 26.7 80 26.7 80 26.7 100 29.74 FM-16 T 29.77 13 0438 7 BKN:07 13 BKN:07 19 OVC:08 80 9.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 5 210 29.74 FM-16 0.04 29.77 13 0446 7 SCT:04 11 SCT:04 19 BKN:07 36 10.00 80 26.7 79 26.1 79 26.1 97 6 230 29.74 FM-16 0.04 29.77 13 0453 7 FEW:02 11 SCT:04 28 BKN:07 36 10.00 80 26.7 80 26.7 80 26.7 100 8 250 29.74 29.76 FM-15 0.04 29.77 13 0553 7 SCT:04 13 SCT:04 20 BKN:07 50 10.00 81 27.2 80 26.7 80 26.7 97 5 250 29.75 29.77 FM-15 0.00 29.78 13 0629 7 BKN:07 65 10.00 VCTS:7 ||80 26.7 79 26.1 78 25.6 94 6 240 29.77 FM-16 T 29.80 13 0644 7 SCT:04 41 BKN:07 65 10.00 80 26.7 79 26.1 79 26.1 97 0 000 29.77 FM-16 T 29.80 13 0653 7 SCT:04 39 SCT:04 65 10.00 79 26.1 79 26.1 79 26.1 100 0 000 29.77 3 -0.05 29.79 FM-15 T 29.80 13 0731 7 BKN:07 39 10.00 VCTS:7 ||81 27.2 80 26.7 80 26.7 97 3 230 29.77 FM-16 29.80 13 0746 7 SCT:04 17 BKN:07 37 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 0 000 29.78 FM-16 T 29.81 13 0751 6 BKN:07 15 BKN:07 37 10.00 -RA:02 |RA |RA 81 27.2 81 27.2 81 27.2 100 3 320 29.78 FM-16 29.81 FEW:02 11 13 0753 7 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 6 340 29.78 29.80 FM-15 0.04 29.81 Page 512 of 5415 BKN:07 15 BKN:07 37 13 0801 7 BKN:07 14 BKN:07 32 BKN:07 40 2.50 TS:7 RA:02 BR:1 |RA TS |RA 80 26.7 79 26.1 79 26.1 97 7 VRB 29.79 FM-16 0.05 29.82 13 0808 7 SCT:04 8 BKN:07 14 1.25 TS:7 RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 5 VRB 29.79 FM-16 0.18 29.82 13 0815 7 BKN:07 10 OVC:08 18 0.50 TS:7 +RA:02 FG:2 |FG RA TS |RA 79 26.1 79 26.1 79 26.1 100 6 310 29.80 FM-16 0.39 29.83 13 0851 6 OVC:08 18 1.50 TS:7 +RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.81 FM-16 29.84 13 0853 7 FEW:02 16 OVC:08 21 1.75 TS:7 +RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 3 020 29.81 29.83 FM-15 1.09 29.84 13 0855 7 FEW:02 16 OVC:08 23 2.00 RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 3 350 29.81 FM-16 0.01 29.84 13 0900 7 FEW:02 16 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7 SCT:04 7 BKN:07 12 BKN:07 50 10.00 81 27.2 80 26.7 79 26.1 94 6 170 29.81 FM-16 29.84 13 1153 7 SCT:04 7 BKN:07 12 BKN:07 50 10.00 80 26.7 79 26.1 79 26.1 97 6 170 29.81 29.83 FM-15 0.00 29.84 13 1206 7 SCT:04 7 SCT:04 14 10.00 81 27.2 80 26.7 80 26.7 97 8 210 29.81 FM-16 29.84 13 1211 7 BKN:07 9 BKN:07 14 10.00 82 27.8 81 27.2 80 26.7 94 9 210 29.81 FM-16 29.84 13 1221 7 SCT:04 10 BKN:07 14 10.00 83 28.3 82 27.8 81 27.2 94 11 220 29.80 FM-16 29.83 13 1237 7 SCT:04 11 BKN:07 16 BKN:07 22 10.00 83 28.3 81 27.2 80 26.7 91 14 230 29.80 FM-16 29.83 13 1239 7 BKN:07 13 BKN:07 19 BKN:07 24 10.00 83 28.3 81 27.2 80 26.7 91 11 230 29.80 FM-16 29.83 13 1251 7 BKN:07 16 BKN:07 24 BKN:07 40 10.00 84 28.9 82 27.8 81 27.2 89 14 230 29.79 FM-16 29.82 13 1253 7 BKN:07 16 BKN:07 32 BKN:07 40 10.00 83 28.3 81 27.2 80 26.7 91 15 240 29.79 6 +0.01 29.81 FM-15 0.00 29.82 13 1300 7 FEW:02 16 SCT:04 20 BKN:07 35 10.00 83 28.3 81 27.2 80 26.7 91 13 250 29.79 FM-16 29.82 Page 513 of 5415 13 1333 7 FEW:02 12 BKN:07 18 10.00 82 27.8 81 27.2 80 26.7 94 11 250 29.78 FM-16 29.81 13 1342 7 FEW:02 12 SCT:04 18 10.00 83 28.3 81 27.2 80 26.7 91 11 250 29.78 FM-16 29.81 13 1353 7 FEW:02 18 10.00 83 28.3 80 26.7 79 26.1 88 8 250 17 29.77 29.79 FM-15 0.00 29.80 13 1453 7 FEW:02 42 SCT:04 50 SCT:04 60 10.00 84 28.9 80 26.7 79 26.1 85 9 250 29.78 29.80 FM-15 0.00 29.81 13 1553 7 CLR:00 10.00 85 29.4 80 26.7 78 25.6 80 7 260 29.78 6 +0.02 29.80 FM-15 0.00 29.81 13 1653 7 CLR:00 10.00 83 28.3 81 27.2 80 26.7 91 7 240 29.79 29.81 FM-15 0.00 29.82 13 1753 7 CLR:00 10.00 82 27.8 81 27.2 80 26.7 94 7 240 29.80 29.82 FM-15 0.00 29.83 13 1853 7 BKN:07 11 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 5 220 29.81 1 -0.03 29.83 FM-15 T 29.84 13 1953 7 BKN:07 11 10.00 81 27.2 80 26.7 80 26.7 97 6 220 29.83 29.85 FM-15 T 29.86 13 1958 7 FEW:02 9 SCT:04 14 BKN:07 25 10.00 81 27.2 80 26.7 80 26.7 97 6 230 29.83 FM-16 29.86 13 2019 7 FEW:02 9 SCT:04 25 BKN:07 50 10.00 80 26.7 80 26.7 80 26.7 100 7 240 29.83 FM-16 T 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26.1 97 5 330 29.84 29.86 FM-15 0.00 29.87 14 0830 7 BKN:07 12 10.00 81 27.2 79 26.1 78 25.6 91 7 320 29.84 FM-16 29.87 14 0853 7 BKN:07 14 10.00 82 27.8 79 26.1 78 25.6 88 6 320 29.85 29.87 FM-15 0.00 29.88 14 0953 7 BKN:07 14 10.00 84 28.9 79 26.1 77 25.0 80 7 300 29.85 1 -0.02 29.87 FM-15 0.00 29.88 14 1000 7 SCT:04 20 BKN:07 26 10.00 83 28.3 79 26.1 77 25.0 82 6 280 29.86 FM-16 29.89 14 1053 7 BKN:07 24 BKN:07 32 10.00 84 28.9 79 26.1 77 25.0 80 7 300 29.85 29.87 FM-15 0.00 29.88 14 1153 7 BKN:07 24 10.00 84 28.9 78 25.6 76 24.4 77 7 270 29.83 29.85 FM-15 0.00 29.86 Page 514 of 5415 14 1200 7 CLR:00 10.00 84 28.9 78 25.6 76 24.4 77 8 270 29.83 FM-16 29.86 14 1253 7 CLR:00 10.00 84 28.9 78 25.6 75 23.9 74 7 290 29.80 8 +0.06 29.82 FM-15 0.00 29.83 14 1353 7 CLR:00 10.00 84 28.9 77 25.0 74 23.3 72 8 280 29.78 29.80 FM-15 0.00 29.81 14 1453 7 CLR:00 10.00 85 29.4 77 25.0 74 23.3 70 9 310 29.78 29.80 FM-15 0.00 29.81 14 1553 7 FEW:02 26 10.00 84 28.9 77 25.0 74 23.3 72 9 280 29.78 6 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CLR:00 10.00 73 22.8 72 22.2 71 21.7 94 0 000 29.78 8 +0.02 29.80 FM-15 0.00 29.81 15 0453 7 CLR:00 10.00 72 22.2 71 21.7 71 21.7 97 0 000 29.78 29.80 FM-15 0.00 29.81 15 0553 7 CLR:00 10.00 71 21.7 71 21.7 71 21.7 100 0 000 29.78 29.80 FM-15 0.00 29.81 15 0653 7 CLR:00 10.00 72 22.2 71 21.7 71 21.7 97 0 000 29.78 5 0.00 29.80 FM-15 0.00 29.81 15 0753 7 CLR:00 10.00 76 24.4 74 23.3 73 22.8 91 6 230 29.79 29.80 FM-15 0.00 29.82 15 0853 7 CLR:00 10.00 81 27.2 75 23.9 72 22.2 74 10 260 29.78 29.80 FM-15 0.00 29.81 15 0857 7 FEW:02 33 10.00 81 27.2 74 23.3 71 21.7 72 9 270 29.78 FM-16 29.81 15 0953 7 SCT:04 34 SCT:04 43 10.00 82 27.8 74 23.3 70 21.1 67 11 280 24 29.78 8 0.00 29.80 FM-15 0.00 29.81 15 1053 7 FEW:02 28 BKN:07 36 BKN:07 47 10.00 82 27.8 75 23.9 72 22.2 72 9 330 29.77 29.79 FM-15 0.00 29.80 15 1153 7 SCT:04 32 BKN:07 40 10.00 83 28.3 75 23.9 71 21.7 67 10 310 20 29.76 29.78 FM-15 0.00 29.79 15 1253 7 FEW:02 33 FEW:02 44 10.00 84 28.9 74 23.3 70 21.1 63 9 290 21 29.74 8 +0.04 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29.80 FM-15 0.00 29.81 16 0053 7 SCT:04 41 10.00 70 21.1 66 18.9 63 17.2 79 0 000 29.79 5 +0.01 29.81 FM-15 0.00 29.82 16 0153 7 FEW:02 40 BKN:07 65 10.00 70 21.1 66 18.9 64 17.8 82 3 040 29.78 29.80 FM-15 0.00 29.81 16 0253 7 FEW:02 40 SCT:04 65 10.00 70 21.1 66 18.9 63 17.2 79 0 000 29.78 29.80 FM-15 0.00 29.81 16 0353 7 FEW:02 42 SCT:04 50 OVC:08 60 10.00 70 21.1 66 18.9 64 17.8 82 0 000 29.77 6 +0.02 29.79 FM-15 T 29.80 16 0453 7 FEW:02 43 SCT:04 55 OVC:08 70 10.00 70 21.1 65 18.3 62 16.7 76 9 360 21 29.79 29.81 FM-15 0.00 29.82 16 0553 7 BKN:07 75 10.00 68 20.0 63 17.2 60 15.6 76 9 010 29.81 29.83 FM-15 0.00 29.84 Page 515 of 5415 16 0653 7 BKN:07 70 10.00 67 19.4 63 17.2 60 15.6 79 22 360 36 29.82 2 -0.05 29.84 FM-15 0.00 29.85 16 0706 7 SCT:04 70 10.00 67 19.4 62 16.7 59 15.0 76 8 360 29.82 FM-16 29.85 16 0753 7 BKN:07 70 10.00 68 20.0 63 17.2 60 15.6 76 7 010 29.83 29.85 FM-15 0.00 29.86 16 0853 7 FEW:02 70 10.00 69 20.6 64 17.8 60 15.6 73 3 030 29.86 29.88 FM-15 0.00 29.89 16 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56 13.3 70 6 350 29.89 29.91 FM-15 0.00 29.92 16 2053 7 CLR:00 10.00 65 18.3 58 14.4 53 11.7 66 7 360 29.91 29.93 FM-15 0.00 29.94 16 2153 7 CLR:00 10.00 63 17.2 57 13.9 53 11.7 70 8 360 29.93 1 -0.06 29.95 FM-15 0.00 29.96 16 2253 7 CLR:00 10.00 62 16.7 56 13.3 51 10.6 67 7 360 29.94 29.96 FM-15 0.00 29.97 16 2353 7 CLR:00 10.00 62 16.7 55 12.8 50 10.0 65 6 010 29.94 29.96 FM-15 0.00 29.97 17 0053 7 CLR:00 10.00 61 16.1 55 12.8 50 10.0 67 8 020 29.95 3 -0.03 29.97 FM-15 0.00 29.98 17 0153 7 CLR:00 10.00 60 15.6 55 12.8 50 10.0 70 7 010 29.95 29.96 FM-15 0.00 29.98 17 0253 7 CLR:00 10.00 60 15.6 54 12.2 49 9.4 67 8 010 29.95 29.97 FM-15 0.00 29.98 17 0353 7 CLR:00 10.00 59 15.0 54 12.2 49 9.4 69 7 020 29.95 3 0.00 29.97 FM-15 0.00 29.98 17 0453 7 CLR:00 10.00 56 13.3 53 11.7 50 10.0 81 7 060 29.96 29.98 FM-15 0.00 29.99 17 0553 7 CLR:00 10.00 56 13.3 53 11.7 50 10.0 81 6 020 29.98 30.00 FM-15 0.00 30.01 17 0653 7 CLR:00 10.00 57 13.9 53 11.7 50 10.0 78 6 030 30.00 3 -0.04 30.02 FM-15 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27.2 70 21.1 64 17.8 57 9 070 29.91 6 +0.05 29.93 FM-15 0.00 29.94 19 1653 7 SCT:04 43 SCT:04 50 10.00 79 26.1 70 21.1 65 18.3 62 11 080 29.92 29.94 FM-15 0.00 29.95 19 1753 7 CLR:00 10.00 77 25.0 68 20.0 63 17.2 62 9 080 29.93 29.95 FM-15 0.00 29.96 19 1853 7 SCT:04 60 10.00 75 23.9 67 19.4 63 17.2 66 8 070 29.93 3 -0.02 29.95 FM-15 0.00 29.96 19 1953 7 BKN:07 60 10.00 74 23.3 67 19.4 63 17.2 69 9 080 29.94 29.96 FM-15 0.00 29.97 19 2053 7 OVC:08 70 10.00 73 22.8 66 18.9 62 16.7 69 9 080 29.94 29.96 FM-15 0.00 29.97 19 2153 7 CLR:00 10.00 71 21.7 66 18.9 63 17.2 76 8 080 29.95 1 -0.01 29.97 FM-15 0.00 29.98 19 2253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 5 080 29.94 29.96 FM-15 0.00 29.97 19 2353 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 110 29.92 29.93 FM-15 0.00 29.95 20 0053 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 030 29.90 8 +0.05 29.92 FM-15 0.00 29.93 20 0153 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 5 090 29.88 29.91 FM-15 0.00 29.91 20 0253 7 BKN:07 95 10.00 69 20.6 65 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CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 9 060 30.04 30.06 FM-15 0.00 30.07 23 2353 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 8 050 30.03 30.05 FM-15 0.00 30.06 24 0053 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 7 060 30.03 8 +0.01 30.05 FM-15 0.00 30.06 24 0153 7 CLR:00 10.00 70 21.1 66 18.9 64 17.8 82 7 040 30.03 30.05 FM-15 0.00 30.06 24 0253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 040 30.03 30.05 FM-15 0.00 30.06 24 0353 7 CLR:00 10.00 69 20.6 65 18.3 63 17.2 81 7 040 30.03 3 -0.01 30.05 FM-15 0.00 30.06 24 0453 7 CLR:00 10.00 68 20.0 64 17.8 62 16.7 81 6 030 30.04 30.06 FM-15 0.00 30.07 Page 519 of 5415 24 0553 7 CLR:00 10.00 68 20.0 65 18.3 63 17.2 84 6 030 30.07 30.09 FM-15 0.00 30.10 24 0653 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 30.08 3 -0.05 30.10 FM-15 0.00 30.11 24 0657 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 9 030 30.08 FM-16 30.11 24 0753 7 CLR:00 10.00 72 22.2 68 20.0 65 18.3 79 9 030 30.10 30.12 FM-15 0.00 30.13 24 0853 7 CLR:00 10.00 77 25.0 70 21.1 67 19.4 71 10 060 30.11 30.13 FM-15 0.00 30.14 24 0953 7 CLR:00 10.00 81 27.2 72 22.2 67 19.4 62 16 090 26 30.10 0 -0.02 30.12 FM-15 0.00 30.13 24 1053 7 SCT:04 36 10.00 82 27.8 72 22.2 67 19.4 60 17 070 30.10 30.12 FM-15 0.00 30.13 24 1153 7 BKN:07 46 10.00 85 29.4 72 22.2 65 18.3 51 17 080 25 30.07 30.09 FM-15 0.00 30.10 24 1253 7 SCT:04 45 10.00 85 29.4 72 22.2 66 18.9 53 16 050 26 30.04 8 +0.06 30.06 FM-15 0.00 30.07 24 1353 7 FEW:02 46 10.00 86 30.0 73 22.8 66 18.9 51 20 050 28 30.02 30.04 FM-15 0.00 30.05 24 1453 7 SCT:04 49 10.00 83 28.3 71 21.7 65 18.3 55 21 060 32 30.02 30.04 FM-15 0.00 30.05 24 1553 7 FEW:02 48 10.00 83 28.3 71 21.7 64 17.8 53 20 080 28 30.02 5 +0.02 30.04 FM-15 0.00 30.05 24 1653 7 CLR:00 10.00 82 27.8 70 21.1 64 17.8 55 18 060 30.03 30.05 FM-15 0.00 30.06 24 1753 7 CLR:00 10.00 78 25.6 69 20.6 64 17.8 62 18 070 26 30.05 30.07 FM-15 0.00 30.08 24 1853 7 CLR:00 10.00 76 24.4 68 20.0 63 17.2 64 11 070 30.07 3 -0.05 30.09 FM-15 0.00 30.10 24 1953 7 CLR:00 10.00 74 23.3 68 20.0 64 17.8 71 9 070 30.08 30.10 FM-15 0.00 30.11 24 2053 7 CLR:00 10.00 72 22.2 67 19.4 64 17.8 76 8 050 30.09 30.11 FM-15 0.00 30.12 24 2153 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 9 040 30.10 3 -0.04 30.12 FM-15 0.00 30.13 24 2253 7 CLR:00 10.00 71 21.7 68 20.0 66 18.9 84 9 050 30.10 30.12 FM-15 0.00 30.13 24 2353 7 CLR:00 10.00 70 21.1 68 20.0 67 19.4 90 8 040 30.09 30.11 FM-15 0.00 30.12 25 0053 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 8 040 30.08 8 +0.02 30.10 FM-15 0.00 30.11 25 0153 7 CLR:00 10.00 68 20.0 66 18.9 65 18.3 90 9 050 30.07 30.09 FM-15 0.00 30.10 25 0253 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 7 040 30.06 30.08 FM-15 0.00 30.09 25 0353 7 CLR:00 10.00 67 19.4 65 18.3 63 17.2 87 7 040 30.07 5 +0.01 30.09 FM-15 0.00 30.10 25 0453 7 CLR:00 10.00 66 18.9 64 17.8 63 17.2 90 8 040 30.07 30.09 FM-15 0.00 30.10 25 0553 7 CLR:00 10.00 66 18.9 64 17.8 63 17.2 90 6 030 30.08 30.10 FM-15 0.00 30.11 25 0653 7 CLR:00 10.00 66 18.9 64 17.8 62 16.7 87 7 050 30.09 3 -0.02 30.11 FM-15 0.00 30.12 25 0753 7 CLR:00 10.00 70 21.1 66 18.9 63 17.2 79 9 050 30.10 30.12 FM-15 0.00 30.13 25 0853 7 CLR:00 10.00 76 24.4 68 20.0 64 17.8 67 9 050 30.11 30.13 FM-15 0.00 30.14 25 0953 7 CLR:00 10.00 80 26.7 71 21.7 66 18.9 62 18 080 26 30.10 0 -0.01 30.12 FM-15 0.00 30.13 25 1053 7 FEW:02 45 10.00 82 27.8 71 21.7 65 18.3 56 16 080 30.10 30.12 FM-15 0.00 30.13 25 1153 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 17 090 26 30.07 30.09 FM-15 0.00 30.10 25 1253 7 FEW:02 49 FEW:02 60 10.00 85 29.4 72 22.2 65 18.3 51 20 070 30.04 8 +0.06 30.06 FM-15 0.00 30.07 25 1353 7 FEW:02 44 10.00 85 29.4 73 22.8 67 19.4 55 22 070 29 30.02 30.03 FM-15 0.00 30.05 25 1453 7 FEW:02 43 10.00 83 28.3 72 22.2 67 19.4 59 17 070 30.01 30.03 FM-15 0.00 30.04 25 1553 7 CLR:00 10.00 83 28.3 72 22.2 67 19.4 59 17 090 25 30.02 5 +0.02 30.04 FM-15 0.00 30.05 25 1653 7 CLR:00 10.00 82 27.8 70 21.1 64 17.8 55 15 070 29 30.03 30.05 FM-15 0.00 30.06 25 1753 7 CLR:00 10.00 79 26.1 69 20.6 64 17.8 60 13 070 21 30.04 30.06 FM-15 0.00 30.07 25 1853 7 CLR:00 10.00 77 25.0 70 21.1 66 18.9 69 13 060 30.06 3 -0.04 30.08 FM-15 0.00 30.09 25 1953 7 CLR:00 10.00 75 23.9 70 21.1 67 19.4 76 14 060 30.08 30.10 FM-15 0.00 30.11 25 2053 7 CLR:00 10.00 74 23.3 69 20.6 67 19.4 79 11 060 30.08 30.10 FM-15 0.00 30.11 25 2153 7 CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 10 050 30.09 1 -0.03 30.11 FM-15 0.00 30.12 25 2253 7 CLR:00 10.00 72 22.2 69 20.6 67 19.4 84 8 050 30.08 30.10 FM-15 0.00 30.11 25 2353 7 CLR:00 10.00 71 21.7 68 20.0 66 18.9 84 8 050 30.07 30.09 FM-15 0.00 30.10 26 0053 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.06 8 +0.02 30.08 FM-15 0.00 30.09 26 0153 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 6 030 30.05 30.07 FM-15 0.00 30.08 26 0253 7 CLR:00 10.00 68 20.0 67 19.4 66 18.9 93 7 050 30.03 30.05 FM-15 0.00 30.06 26 0353 7 CLR:00 10.00 68 20.0 67 19.4 67 19.4 96 7 040 30.03 5 +0.03 30.05 FM-15 0.00 30.06 26 0453 7 CLR:00 10.00 69 20.6 68 20.0 67 19.4 93 7 040 30.04 30.06 FM-15 0.00 30.07 26 0553 7 CLR:00 10.00 69 20.6 68 20.0 67 19.4 93 8 030 30.05 30.07 FM-15 0.00 30.08 26 0653 7 FEW:02 60 10.00 69 20.6 68 20.0 67 19.4 93 9 040 30.06 3 -0.03 30.09 FM-15 0.00 30.09 Page 520 of 5415 26 0753 7 SCT:04 65 10.00 71 21.7 69 20.6 68 20.0 90 8 050 30.08 30.10 FM-15 0.00 30.11 26 0853 7 BKN:07 65 10.00 75 23.9 70 21.1 68 20.0 79 14 070 30.09 30.11 FM-15 0.00 30.12 26 0953 7 CLR:00 10.00 80 26.7 72 22.2 68 20.0 67 21 080 28 30.09 0 -0.02 30.11 FM-15 0.00 30.12 26 1053 7 CLR:00 10.00 83 28.3 72 22.2 66 18.9 57 17 080 30.07 30.09 FM-15 0.00 30.10 26 1153 7 CLR:00 10.00 85 29.4 71 21.7 63 17.2 48 20 070 28 30.05 30.07 FM-15 0.00 30.08 26 1253 7 FEW:02 50 10.00 86 30.0 71 21.7 63 17.2 46 21 080 29 30.02 8 +0.06 30.04 FM-15 0.00 30.05 26 1353 7 CLR:00 10.00 87 30.6 71 21.7 63 17.2 45 18 060 28 30.01 30.03 FM-15 0.00 30.04 26 1437 7 FEW:02 55 10.00 85 29.4 71 21.7 63 17.2 48 20 080 30.01 FM-16 30.04 26 1453 7 FEW:02 55 10.00 86 30.0 71 21.7 63 17.2 46 21 080 29 30.01 30.03 FM-15 0.00 30.04 26 1553 7 FEW:02 50 10.00 84 28.9 71 21.7 64 17.8 51 21 070 28 30.01 5 +0.01 30.03 FM-15 0.00 30.04 26 1653 7 CLR:00 10.00 82 27.8 69 20.6 61 16.1 49 18 080 26 30.02 30.04 FM-15 0.00 30.05 26 1753 7 CLR:00 10.00 78 25.6 67 19.4 61 16.1 56 9 080 30.04 30.06 FM-15 0.00 30.07 26 1853 7 SCT:04 55 10.00 76 24.4 67 19.4 62 16.7 62 9 080 30.05 3 -0.04 30.07 FM-15 0.00 30.08 26 1953 7 CLR:00 10.00 74 23.3 67 19.4 63 17.2 69 8 070 30.07 30.09 FM-15 0.00 30.10 26 2053 7 CLR:00 10.00 72 22.2 67 19.4 64 17.8 76 8 080 30.08 30.09 FM-15 0.00 30.11 26 2153 7 CLR:00 10.00 71 21.7 67 19.4 64 17.8 79 7 060 30.08 1 -0.03 30.10 FM-15 0.00 30.11 26 2244 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 070 30.08 FM-16 30.11 26 2253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 060 30.07 30.09 FM-15 0.00 30.10 26 2353 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 6 070 30.07 30.09 FM-15 0.00 30.10 27 0053 7 CLR:00 10.00 68 20.0 66 18.9 65 18.3 90 6 050 30.06 6 +0.02 30.08 FM-15 0.00 30.09 27 0153 7 CLR:00 10.00 67 19.4 66 18.9 65 18.3 93 6 050 30.05 30.07 FM-15 0.00 30.08 27 0253 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 9 050 30.04 30.06 FM-15 0.00 30.07 27 0353 7 CLR:00 10.00 66 18.9 65 18.3 64 17.8 93 7 060 30.04 5 +0.02 30.06 FM-15 0.00 30.07 27 0453 7 CLR:00 10.00 66 18.9 65 18.3 64 17.8 93 6 050 30.05 30.07 FM-15 0.00 30.08 27 0553 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 6 030 30.07 30.09 FM-15 0.00 30.10 27 0653 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 6 040 30.08 3 -0.04 30.10 FM-15 0.00 30.11 27 0753 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 9 050 30.09 30.11 FM-15 0.00 30.12 27 0853 7 10.00 76 24.4 70 21.1 66 18.9 72 13 080 30.11 30.13 FM-15 0.00 30.14 27 0953 7 CLR:00 10.00 81 27.2 70 21.1 64 17.8 57 13 090 30.10 0 -0.02 30.12 FM-15 0.00 30.13 27 1053 7 CLR:00 10.00 83 28.3 70 21.1 62 16.7 49 15 100 20 30.10 30.11 FM-15 0.00 30.13 27 1153 7 FEW:02 45 FEW:02 50 10.00 85 29.4 72 22.2 66 18.9 53 10 090 30.07 30.09 FM-15 0.00 30.10 27 1253 7 FEW:02 45 10.00 85 29.4 73 22.8 67 19.4 55 15 050 24 30.04 8 +0.06 30.06 FM-15 0.00 30.07 27 1353 7 FEW:02 45 10.00 86 30.0 73 22.8 67 19.4 53 17 070 25 30.02 30.04 FM-15 0.00 30.05 27 1453 7 FEW:02 45 10.00 84 28.9 73 22.8 68 20.0 59 17 090 30.02 30.04 FM-15 0.00 30.05 27 1553 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 21 070 28 30.01 6 +0.03 30.03 FM-15 0.00 30.04 27 1653 7 CLR:00 10.00 82 27.8 71 21.7 66 18.9 58 20 060 28 30.02 30.04 FM-15 0.00 30.05 27 1753 7 CLR:00 10.00 79 26.1 70 21.1 65 18.3 62 13 080 30.03 30.05 FM-15 0.00 30.06 27 1853 7 CLR:00 10.00 76 24.4 69 20.6 65 18.3 69 30.04 3 -0.03 30.06 FM-15 0.00 30.07 27 1857 7 CLR:00 10.00 76 24.4 69 20.6 65 18.3 69 9 070 30.04 FM-16 30.07 27 1953 7 CLR:00 10.00 74 23.3 69 20.6 66 18.9 76 10 060 30.05 30.07 FM-15 0.00 30.08 27 2053 7 CLR:00 10.00 73 22.8 69 20.6 66 18.9 79 11 070 30.07 30.09 FM-15 0.00 30.10 27 2153 7 FEW:02 35 FEW:02 49 SCT:04 55 10.00 74 23.3 69 20.6 66 18.9 76 10 050 30.08 1 -0.04 30.10 FM-15 0.00 30.11 27 2253 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 7 040 30.08 30.10 FM-15 0.00 30.11 27 2353 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.06 30.08 FM-15 0.00 30.09 28 0053 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 030 30.05 8 +0.03 30.07 FM-15 0.00 30.08 28 0153 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 5 020 30.03 30.05 FM-15 0.00 30.06 28 0253 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 8 040 30.02 30.04 FM-15 0.00 30.05 28 0353 7 BKN:07 50 10.00 70 21.1 67 19.4 66 18.9 87 8 030 30.02 5 +0.03 30.04 FM-15 0.00 30.05 28 0453 7 FEW:02 55 10.00 69 20.6 67 19.4 66 18.9 90 7 030 30.03 30.05 FM-15 0.00 30.06 Page 521 of 5415 28 0553 7 CLR:00 10.00 68 20.0 67 19.4 66 18.9 93 6 030 30.03 30.05 FM-15 0.00 30.06 28 0653 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 5 040 30.05 3 -0.03 30.07 FM-15 0.00 30.08 28 0753 7 CLR:00 10.00 72 22.2 69 20.6 67 19.4 84 9 050 30.06 30.09 FM-15 0.00 30.09 28 0853 7 CLR:00 10.00 77 25.0 71 21.7 68 20.0 74 10 060 30.07 30.09 FM-15 0.00 30.10 28 0953 7 CLR:00 10.00 81 27.2 72 22.2 68 20.0 65 18 080 25 30.08 1 -0.02 30.09 FM-15 0.00 30.11 28 1053 7 FEW:02 41 10.00 83 28.3 72 22.2 67 19.4 59 16 090 30.07 30.09 FM-15 0.00 30.10 28 1153 7 FEW:02 49 10.00 84 28.9 72 22.2 65 18.3 53 15 060 25 30.05 30.07 FM-15 0.00 30.08 28 1253 7 SCT:04 48 10.00 85 29.4 72 22.2 66 18.9 53 18 060 30.02 8 +0.06 30.04 FM-15 0.00 30.05 28 1353 7 SCT:04 48 10.00 85 29.4 72 22.2 65 18.3 51 16 070 30.00 30.02 FM-15 0.00 30.03 28 1453 7 FEW:02 50 10.00 86 30.0 72 22.2 64 17.8 48 22 090 29 29.98 30.01 FM-15 0.00 30.01 28 1553 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 18 080 29.98 6 +0.04 30.00 FM-15 0.00 30.01 28 1653 7 CLR:00 10.00 82 27.8 71 21.7 65 18.3 56 20 070 29.98 30.00 FM-15 0.00 30.01 28 1753 7 CLR:00 10.00 79 26.1 71 21.7 66 18.9 65 13 070 29.99 30.01 FM-15 0.00 30.02 28 1853 7 CLR:00 10.00 77 25.0 70 21.1 66 18.9 69 11 070 30.01 3 -0.03 30.03 FM-15 0.00 30.04 28 1953 7 CLR:00 10.00 75 23.9 70 21.1 67 19.4 76 11 070 30.02 30.04 FM-15 0.00 30.05 28 2053 7 CLR:00 10.00 74 23.3 69 20.6 67 19.4 79 8 060 30.03 30.05 FM-15 0.00 30.06 28 2153 7 CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 7 050 30.03 1 -0.02 30.05 FM-15 0.00 30.06 28 2253 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 6 040 30.02 30.04 FM-15 0.00 30.05 28 2353 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.00 30.02 FM-15 0.00 30.03 Page 522 of 5415 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Hourly Precipitation October 2023 Generated on 12/01/2023 For Hour (LST) Ending at Date 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM MID Date 01 T T 0.01 T T 01 02 M M M M M M M M M M M M M M T 02 03 03 04 T T 04 05 05 06 06 07 07 08 08 09 T 09 10 10 11 0.07 T 0.01 11 12 0.11 0.32 0.03 0.07 0.01 0.04 T 0.01 0.01 0.01 T 12 13 T 0.02 0.12 0.04 T 0.04 1.09 0.63 0.01 T T T T 13 14 T T T T T 14 15 T 15 16 T 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 Maximum Short Duration Precipitation Time Period (Minutes)5 10 15 20 30 45 60 80 100 120 150 180 Precipitation (inches)0.34 0.50 0.56 0.59 0.84 1.10 1.44 1.69 1.69 1.75 1.77 1.77 Ending Date Time (yyyy-mm-dd hh:mi) 2023-10-13 09:05 2023-10-13 09:09 2023-10-13 09:14 2023-10-13 09:14 2023-10-13 08:37 2023-10-13 09:09 2023-10-13 09:06 2023-10-13 09:14 2023-10-13 09:14 2023-10-13 09:57 2023-10-13 10:15 2023-10-13 10:15 Hourly, daily, and monthly totals on the Daily Summary page and the Hourly Precipitation Table are shown as reported by the instrumentation at the site. However, NWS does not edit hourly values for its ASOS sites, but may edit the daily and monthly totals for selected sites which will be reflected on the Daily Summary page. T = Trace s = Suspect * = Erroneous blank = No precipitation observed M = Missing Page 523 of 5415 APPENDIX E Page 524 of 5415 KALEIDOSCOPE 5.6.3Bats of North America 5.4.0 S/A: 0 CORTOW EPTFUS EUMFLO LASBOR LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRANOID NOISEPresence PCORTOW EPTFUS EUMFLO LASBOR LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRA* * *126 13 23 203 14 1 850 205 1010519 31111 0.060656 0 1 010000Data * *126 13 23 203 14 1 850 205 1010519 31111 0.0606560101000020231011 *13 2 12 141 79 20 3639 1201 0.009602 0 0.058524 0.021938 1 0 0 3.7E06 020231014 *7 1 1 18 256 52 7746 4171 1 0 1 0.101235 1 1 0 0 020231015 *43 6 292 2 9050 2341 1 1 1 1 1 1 0 1 020231018 *352 72 357 30 12088 1841 0.004319 1 1 01100020231019 *151 36 1139 19 15063 4271 1 1 1 0.006556 1 1 0 0.000738 020231020 *12 14 265 7 14943 2831 1 0 1 1 1 1 0 0.181261 020231021 *4 1 1 4 389 25 13133 2251 1 0 1 1 1 1 0 0 020231022 *9 3 1 1775 7 10437 4281 1 0 1 0.661293 1 1 0 0.294472 020231023 *9 2 2 19133 31 8667 2681 1 0 1 0.128427 1 1 0 0 020231026 *18 313 165 12 6753 5251 0.003806 0 1 0.6531100.001048 0*Species for Auto ID (n=10) that fall within the range of the Florida bonneted bat in Collier County (USFWS). Page 525 of 5415 INDIR OUTDIR FOLDER IN FILE CHANNEL OFFSET DURATIONOUT FILE FSOUT FILE ZCDATE TIME HOUR AUTO ID*PULSES MATCHINGMATCH RATIOMARGIN ALTERNATE 1N Fc Sc Dur Fmax Fmin Fmean TBC Fk Tk S1 Tc Qual FILES MANUAL ID D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231020_222048.wav0 0 4.378 CT1_20231020_222048_000.wav10/20/2023 22:20:48 22 EUMFLO 20 8 0.4 0.074732 TADBRA 20 20.589 18.12 6.032 25.269 19.154 21.508 176.495 21.114 2.471 164.61 3.782 6.28 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_233324.wav0 0 15 CT1_20231022_233324_000.wav10/22/2023 23:33:24 23 EUMFLO 17 6 0.353 0.093527 TADBRA 17 19.575 1.44 6.56 19.781 19.45 19.578 930.973 19.593 1.479 39.29 5.106 2.83 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231026_214226.wav0 0 15 CT1_20231026_214226_000.wav10/26/2023 21:42:26 21 EUMFLO 19 19 1 0.491244 19 14.101 14.41 7.41 15.849 13.886 14.621 787.977 14.456 4.496 31.4 6.48 3.48 1 EUMFLO D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231023_184614.wav0 0 15 CT1_20231023_184614_000.wav10/23/2023 18:46:14 18 EUMFLO 11 11 1 0.453382 11 8.328 3.26 3.746 8.413 8.081 8.246 1397.331 8.357 0.611 1.58 1.922 1.33 1 Noise D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_233341.wav0 0 11.986 CT1_20231022_233341_000.wav10/22/2023 23:33:41 23 EUMFLO 14 7 0.5 0.474685 14 19.374 -2.89 4.992 19.531 19.216 19.346 848.898 19.355 0.797 15.33 4.249 2.3 1 TADBRA 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D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_045916.wav0 0 2.006 CT1_20231022_045916_000.wav10/22/2023 4:59:16 4 EUMFLO 2 1 0.5 0.949475 2 19.976 -9.17 6.244 20.101 19.656 19.851 692.286 19.829 0.4 -58.74 1.604 1.14 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_212759.wav0 0 2.01 CT1_20231022_212759_000.wav10/22/2023 21:27:59 21 EUMFLO 2 1 0.5 0.534251 2 19.443 7.48 7.791 19.829 19.348 19.546 763.058 19.586 2.954 35.87 6.448 0.54 1 TADBRA Page 526 of 5415 APPENDIX F Page 527 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231026_214226_000.wav (normal) Page 528 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231026_214226_000.wav (compressed) Page 529 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204931_000.wav (normal) Page 530 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204931_000.wav (compressed) Page 531 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204940_000.wav (normal) Page 532 of 5415 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204940_000.wav (compressed) Page 533 of 5415 APPENDIX E Page 534 of 5415 1 Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Migratory Bird Program U. S. Fish and Wildlife Service Falls Church, Virginia March 2021 NOTE: These recommendations replace all previous recommendations for communication tower construction and operation. These recommendations have been modified and updated from previous versions to incorporate the state of the science and the 2020 Federal Aviation Administration Obstruction Marking and Lighting Advisory Circular AC 70/7460‐1M. Communication towers are some of the tallest structures across the landscape and birds are regularly found dead around these towers (Longcore et al. 2012a). It is not definitively understood why this mortality occurs, but evidence suggests that night‐migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast (i.e., low cloud ceiling), foggy, or other low visibility conditions (Cochran and Graber 1958, Avery et al. 1976, Ball et al. 1995, Erickson et al. 2005, Evans et al. 2007, Manville 2014, Gehring et al. 2009 and 2011, Longcore et al. 2012a). Birds aggregate in larger numbers at towers with non‐flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they dispe rse during the “off” phase (Larkin and Frase 1988; Gauthreaux and Belser 1999, 2006; Evans et al. 2007; Poot et al. 2008). Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas. Given the height, structural engineering needs (i.e., guy wires), and obstruction lighting requirements, communication towers may cause direct and indirect bird mortality through: 1. Collisions ‐ Birds that are attracted to tower lights and aggregate in the lighting zone, circle the tower and collide with the tower, guy wires, other birds, or fall to the ground from exhaustion (Longcore et al. 2012b, Gauthreaux and Belser 2006, Erickson et al. 2005). 2. Construction, operation, and maintenance activities ‐ Adults, eggs, or nestlings can experience direct mortality through: a. Trauma or death during vegetation removal; b. Trauma or death during tower maintenance; and c. Death of eggs or nestlings when actions or activities cause adults to abandon nests. 3. Significant loss of fat reserves in adults due to the energy expenditure of circling towers, leading to reduced survival during long migrations (Norris and Taylor 2006, Gehring and Walker 2012). The following avoidance and minimization measures, when used comprehensively, reduce the risk of bird mortality at communication towers: SITING AND CONSTRUCTION OF NEW TOWERS 1. Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office. http://www.fws.gov/offices/index.html 2. Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape. Page 535 of 5415 2 3. Placement. All new towers should be sited to minimize environmental impacts to the maximum extent practicable. a. Place new towers within existing "antenna farms" (i.e., clusters of towers) when possible; b. Select already degraded areas for tower placement; c. Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal refuges, staging areas, rookeries, and Important Bird Areas), or in known migratory bird movement routes, daily movement flyways, areas of br eeding concentration, in habitat of threatened or endangered species, key habitats for Birds of Conservation Concern, or near the breeding areas (“leks”) of prairie grouse; d. Towers should avoid ridgelines, coastal areas, wetlands or other known bird concentration areas; and e. Towers and associated facilities should be designed, sited, and constructed so as to avoid or minimize habitat loss within and adjacent to the tower "footprint". In addition, several shorter, un‐guyed towers may be preferable to one, tall guyed, lit tower. 4. Construction. During construction, the following considerations can reduce the risk of t ake of birds: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of the project site, avo id the site until nestlings have fledged or the nest fails. If the activity must occur, establish a buffer zone around the nest and no activities will occur within that zone until nestlings have fledged. The dimension of the buffer zone will depend on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. c. Prevent the introduction of invasive plants during construction to minimize vegetation community degradation by: i. Use only native and local (when possible) seed stock for all temporary and permanent vegetation establishment; and ii. Use vehicle wash stations prior to entering sensitive habitat areas to prevent accidental introduction of non‐native plants. 5. Tower Design. Tower design should consider the following attributes: a. Tower Height. It is recommended that new towers should be not more than 199 ft. above ground level (AGL). This height increases the mean free airspace between the top of the tower and average bird flight height, even in weather conditions with reduced cloud ceiling; b. Guy Wires. We recommend using free standing towers such as lattice towers or monopole structures. If guy wires are required for tower design: i. The minimum number of guy wires necessary should be used; and ii. Guy wired towers that are proposed to be located in known raptor or waterbird concentrations areas, daily movement routes, major daytime migratory bird movement routes, staging areas, or stopover sites should have daytime visual markers or bird flight diverters installed on the guy wires to attempt to prevent daytime collisions. Page 536 of 5415 3 c. Lighting System. Lights are a primary source of bird aggregation around towers, thus minimizing all light is recommended: i. No tower lighting is the preferred option if Federal Aviation Administration (FAA) regulations and lighting standards (FAA 2015, 2020, Patterson 2012) permit. ii. For some towers, the FAA can permit an Aircraft Detection Lighting System (ADLS), which maintains a communication tower of any height to be unlit until the ADLS radars detect nearby aircraft, at which time the tower lighting system is triggered to illuminate until the aircraft is out of radar range. iii. If taller (> 199 ft. AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting req uired by the FAA should be used. Unless otherwise required by the FAA, only white or red flashing lights should be used at night, and these should follow FAA obstruction and marking standards with regards to the minimum number of lights, minimum intensity (< 2,000 candela), and minimum number of flashes per minute (i.e., longest duration between flashes and "dark phase"). Avoid using non‐flashing warning lights at night (FAA 2015, 2020, Patterson 2012). Owners of existing towers lit with lighting systems that include non‐flashing lights should submit plans to the FAA explaining how and when they will transition to the new standards. iv. Security lighting for on‐ground facilities, equipment, and infrastructure should be motion‐ or heat‐sensitive, down‐shielded, and of a minimum intensity to reduce nighttime bird attraction and eliminate constant nighttime illumination while still allowing safe nighttime access to the site. OPERATION AND MAINTENANCE OF ALL TOWERS 1. Existing Tower Lighting. We recommend that towers be unlit, when allowed by FAA regulations. Light impacts can be minimized by: a. Extinguishing L‐810 non‐flashing red lights (USFWS 2007, 2011) on towers >350 ft. AGL or reconfiguring L‐810 non‐flashing red lights to flash at 30 FPM (+/‐ 3 FPM) in synchrony with other flashing obstruction lights on towers 150‐350 ft. AGL (FAA 2015, 2020); b. Extinguishing L‐810 red lights and reprogramming LED L‐810 lights; this can be done from the tower transmission building or remotely and does not require climbing the tower (FCC 20 20). A “lighting deviation” can be used to extinguish or eliminate L‐810 steady‐burning side lights from an existing registered tower taller than 350 ft. AGL and to reprogram L‐810 steady‐burning side lights to flash on registered towers 150‐350 ft. AGL. The following steps are necessary: 1. File a Marking and Lighting study electronically with the FAA requesting the elimination or omission non-flashing/steady-burning lights (L‐810) or requesting that steady‐burning lights flash with Form 7460‐1, Notice of Proposed Construction or Alteration. Designate structure type: “Deviation from Red Obstruction Light Standards.” 2. Once the FAA has approved the request and assigned a FAA Study Number, file Form 854 with the FCC via the Antenna Registration System (ASR). Please select “MD – Modification” and choose the appropriate FAA Lighting Style. The FCC typically will approve the application and modify the registration within 24 hours. 3. Once the lighting change for a tower has been granted by the FCC via ASR, the L‐81 0 steady‐burning side lights can be extinguished on towers taller than 350 ft. AGL and reprogramed to flash in concert with L‐864 lights on towers 150‐350 ft. AGL. Extinguishing L‐810 lights and reprogramming lights are typically accomplished in the tower transmission building and do not ordinarily require climbing the tower. Per the FAA requirements, flashing red lights should flash at 30 FPM (+/‐ 3 FPM). Page 537 of 5415 4 2. Infrastructure Lighting. We recommend that existing infrastructure be unlit. If associated b uildings require security or operational lighting, minimize light trespass using motion sensors and down‐ shielding with minimum intensity light (USFWS 2011; Poot et al. 2008; Manville 2013; FCC 2014). 3. Vegetation Management. When management of facility infrastructure is required: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing, etc.) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed should depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of t he project site, the site should be avoided until nestlings have fledged or the nest fails. If the activity must occur, a buffer zone should be established around the nest and no activities should occur within that zone until nestlings have fledged. The dimension of the buffer zone depends on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. 4. Birds Nesting on Towers: If birds are nesting on communication towers that require maintenance activities, contact the state natural resource protection agency and/or the USFWS for permits, recommendations, and requirements. Schedule construction and maintenance activities around the nesting and activity schedule of protected birds. Minimize excess wires and securely attach wires to the tower structure to reduce the likelihood of birds becoming entangled on the tower. Consider installing a bird nest exclusion device on the towers where birds frequently nest. 5. Tower Access: Representatives from the USFWS or researchers should be allowed access to the site to evaluate bird use, conduct dead‐bird searches, and conduct other research, as necessary. DECOMMISSIONING Tower Removal. Towers no longer in use, not re‐licensed by the FCC for use, or determined to be obsolete should be removed from the site within 12 months of cessation of use, preferably sooner. REFERENCES Avery, M., P.F. Springer, and J.F. Cassel. 1976. The effects of a tall tower on nocturnal bird migration – a portable ceilometer study. Auk 93: 281‐292. Ball, L.G., K. Zyskowski, and G. Escalona‐Segura. 1995. Recent bird mortality at a Topeka television tower. Kansas Ornithological Society Bulletin 46: 33‐36. Cochran, W.W. and R.R. Graber. 1958. Attraction to nocturnal migrants by ligh ts on a television tower. Wilson Bulletin 70: 378‐380. Erickson W.P., G.D. Johnson, and D.P. Young. 2005. A summary and comparison of bird mortality from anthropogenic causes with emphasis on collisions. USFS Tech. Rep. PSWGTR‐191. Pp. 1029‐1042. Page 538 of 5415 5 Evans, W.R., Y. Akashi, N.S. Altman, and A.M. Manville. 2007. Response of night‐migrating songbirds in cloud to colored and flashing light. North American Birds 60(4): 476‐488. Federal Aviation Administration. 2015. Obstruction marking and lighting. Adv isory Circular AC 70/7460‐ 1L. U.S. Department of Transportation. Federal Aviation Administration. 2016. FAA Acts to Reduce Bird Fatalities. http://www.faa.gov/news/updates/?newsId=85204 Federal Aviation Administration. 2020. Obstruction marking and lighting. Advisory Circular AC 70/7460‐ 1M. U.S. Department of Transportation. Federal Communications Commission. 2015. Opportunities to reduce bird collisions with communication towers while reducing tower lighting costs. http://wireless.fcc.gov/migratory‐ birds/Light_Changes_Information_Update_120415.pdf Gauthreaux, S.A. and C.G. Belser. 1999. The behavioral responses of migrating birds to d ifferent lighting systems on tall towers. In Transactions of the proceedings of the workshop on avian mortality at communication towers (eds. W.R. Evans and A.M. Manville). Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. In Ecological Consequences of Artificial Night Lighting (eds. C. Rich and T. Longcore), pp. 67‐93. Covelo, California: Island Press. Gehring, J., P. Kerlinger, and A.M. Manville. 2009. Communication towers, lights, and birds: Succ essful methods of reducing the frequency of avian collisions. Ecological Applications 19(2): 505 –514. Gehring, J., P. Kerlinger, and A.M. Manville. 2011. The role of tower height and guy wires on avian collisions with communication towers. Journal of Wildlife Management 75(4): 848‐855. Gehring, J. and K. Walter. 2012. Studies of avian collisions with communication towers: a quantification of a bird night flight calls at towers with different structural supports and the use of acoustics as an index of tower fatalities. Progress Report for U.S. Fish and Wildlife Service. MNFI Report Number: 2012‐ 29. Larkin, R.P. and B.A. Frase. 1988. Circular paths of birds flying near a broadcasting tower in cloud. Journal of Comparative Psychology 102: 90‐93. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012a. An estimate of avian mortality at communication towers in the United States and Canada. PLoS One 7(4): 1‐17. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012b. Avian mortality at communication towers in the United States and Canada: which species, how many, and where? Biological Conservation 158: 410‐419. Page 539 of 5415 6 Manville, A.M. 2009. Towers, turbines, power lines, and buildings – steps being taken by the U.S. Fish and Wildlife Service to avoid or minimize take of migratory birds at these structures. In Tundra to tropics: Connecting habitats and people. Proceedings of the 4th International Partners in Flight Conference (eds. T.D. Rich, C. Arizendi, D. Demarest, and C. Thompson). Pp. 1‐11. Manville, A.M. 2013. Recommended Lighting Standards and Lighting Protocols for Structures Requiring Pilot Warning Lighting, and for Security Lighting Purposes. Technical Report, Division of Migratory Bird Management, U.S. Fish and Wildlife Service. Manville, A.M. 2014. Status of U.S. Fish and Wildlife Service developments with communication towers with a focus on migratory birds: Updates to Service staff involved with tower issues. Webinar Summary Talking Points. Pp. 14. Norris, D.R. and C.M. Taylor. 2006. Predicting the consequences of carry‐over effects for migratory populations. Biology Letters 2006(2): 148‐151. Patterson, J.W. 2012. Evaluation of new obstruction lighting techniques to reduce avian fatalities. Technical Note: DOT/FAA/TC‐TN12/9. Poot, H., B.J. Ens, H. de Vries, M.A.H. Donners, M.R. Wernand, and J.M. Marquenie. 2008. Green light for nocturnally migrating birds. Ecology and Society 13(2): 47. U.S. Fish and Wildlife Service. 2007. Comments of the U.S. Fish and Wildlife Service Submitted Electronically to the FCC on 47 CFR Parts 1 and 17, WT Docket No. 03‐187, FCC 06‐164, Notice of Proposed Rulemaking, "Effects of Communication Towers on Migratory Birds." February 2, 2007. 32 pp. U.S. Fish and Wildlife Service. 2011. Comments of the U.S. Fish and Wildlife Service’s Division of Migratory Bird Management Filed Electronically on WT Docket NO. 08‐61 and WT Docket No. 03‐187, Regarding the Environmental Effects of the Federal Communication Commission’s Antenna Structure Registration Program. January 14, 2011. 12 pp. Page 540 of 5415 NEPA ENVIRONMENTAL SUMMARY REPORT AND CHECKLIST CARNESTOWN X601 TOWER ATLAS PROJECT NO: Z256340004 Location PREPARED FOR: Mr. James Fennell KCI Technologies Inc. 4041 Crescent Park Drive Riverview, Florida 33578 PREPARED BY: Atlas Technical Consultants LLC 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 September 15, 2023 Page 541 of 5415 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 (813)889-8960 | oneatlas.com September 15, 2023 Atlas Project No. Z256340004 MR. JAMES FENNELL, P.E. KCI TECHNOLOGIES INC. 4041 CRESCENT PARK DRIVE RIVERVIEW, FLORIDA 33578 Subject: NEPA Environmental Summary Report and Checklist Carnestown X601 Tower 40808 Tamiami Trail East, Ochopee, Florida 34141 Dear Mr. Fennell: Atlas Technical Consultants (Atlas) is pleased to present this report for the proposed Carnestown X601 Tower project. It is our opinion that the proposed site will potentially affect the FCC special interest items outlined in 47 CFR 1.1307 (a)(1) through (8). Specifically, the proposed site is located within the Big Cypress National Preserve and may affect threatened and endangered species and critical habitats. Thus, the preparation of an Environmental Assessment is required. The findings of this NEPA Environmental Summary Report and Checklist are based on the project location, project type, and construction drawings provided by KCI Technologies Inc. (KCI). Should the project location, project type, and/or construction drawings be altered, additional review and re-submittal of the Section 106 consultation package may be required. We appreciate the opportunity to be of service to KCI for this project and look forward to working with you on future projects. Please contact the undersigned if you have any questions about information in this report. Respectfully submitted, Atlas Technical Consultants LLC Stephen Higgins Cason Commander Project Manager Branch Manager stephen.higgins@oneatlas.com cason.commander@oneatlas.com Page 542 of 5415 Atlas Project No. Z256340004 Page | i CONTENTS 1. INTRODUCTION ................................................................................................................. 1 2. SITE INFORMATION .......................................................................................................... 1 3. NEPA ASSESSMENT......................................................................................................... 1 3.1 WILDERNESS AREAS .............................................................................................. 2 3.2 WILDLIFE PRESERVES ............................................................................................ 2 3.3 LISTED AND/OR PROPOSED THREATENED AND ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITATS ........................................................................ 3 3.3.1 Threatened and Endangered Species ........................................................... 3 3.3.2 USFWS Ecological Services Office ............................................................... 3 3.3.3 Migratory Birds .............................................................................................. 4 3.3.4 Designated Critical Habitats .......................................................................... 4 3.4 HISTORIC PLACES ................................................................................................... 4 3.5 INDIAN RELIGIOUS SITES ....................................................................................... 5 3.6 LOCATED IN A FLOODPLAIN (EXECUTIVE ORDER 11988) ................................... 6 3.7 WETLANDS AND OTHER WATER BODIES, CHANGE IN SURFACE FEATURES, DEFORESTATION AND WATER DIVERSION (SEE EXECUTIVE ORDER 11990 IF WETLANDS ARE ON A FEDERAL PROPERTY) ...................................................... 6 3.8 HIGH INTENSITY WHITE LIGHTS AND RADIOFREQUENCY (“RF”) RADIATION EXPOSURE ............................................................................................................... 7 4. CONCLUSIONS AND RECOMMENDATIONS ................................................................... 8 APPENDICES NEPA LAND USE CHECKLIST SITE LOCATION INFORMATION INFORMAL BIOLOGICAL ASSESSMENT DOCUMENTS FCC FORM 620 SHPO CONCURRENCE THPO DOCUMENTATION WILDERNESS, WILDLIFE, FEMA, AND NWI MAPS Page 543 of 5415 Atlas Project No. Z256340004 Page | 1 1. INTRODUCTION Atlas 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 new tower site designated as Carnestown X601 Tower (the “site”) located at 40808 Tamiami Trail East, Ochopee, Collier County, Florida. Florida Department of Management Services will be constructing the tower at this site for the purpose of providing wireless telecommunications service. For the purposes of this assessment, the site consists of the telecommunications facility, including the tower, lease area/tower compound, access easements (if any), and utility easements (if any). The site parcel includes the parcel of land on which the site is located, associated parking areas and access driveways. A completed NEPA Land Use Checklist is included in Appendix I. 2. SITE INFORMATION The site is located within Section 35, Township 52 South, Range 30 East of Collier County, Florida, as shown on the USGS Ochopee, Florida 7.5 Minute Series Topographic Quadrangle Map (Topographic), dated 2018. According to the topographic map, the site is located less than 5 feet above mean sea level. The area of the site is relatively level with no obvious slope. According to the Collier County Property Appraiser on-line web site, the site is located on a larger parent parcel identified as Parcel Number 01148440000 owned by the Collier County Board of Commissioners. Greater Naples Fire Rescue Fleet Management occupies and operates at the parent parcel. The surrounding area is primarily swamp land with sparse commercial development along Tamiami Trail East. Florida Department of Management Services proposes to develop the site with an irregular- shaped 5,235 square-foot telecommunications compound. The compound will be improved with a 350-foot self-support tower located in the southwestern portion of the tower compound. Future tenants will install related telecommunications equipment within designated lease areas inside of the fenced compound. Access/egress and utilities will be provided by a 20-foot wide non- exclusive easement leading from the right-of-way along Tamiami Trail East to the northwest. Site maps and location documentation are included in Appendix II. 3. NEPA ASSESSMENT This report was completed in accordance with Atlas Technical Consultants (Atlas) and KCI Technologies Inc. Client Service Agreement dated April 21, 2023. The NEPA Land Use Checklist table and supporting documentation are attached to this 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 Page 544 of 5415 Atlas Project No. Z256340004 Page | 2 regarding that particular item. Atlas 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 included 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 alternatives 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. 3.1 WILDERNESS AREAS In addressing the issue of officially designated wilderness areas, Atlas 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). There are currently 803 wilderness areas in the United States, 17 of which are located in the State of Florida. According to the NWPS information reviewed, the site is not located within a designated wilderness area. Documentation is included in Appendix VII. Wilderness areas are also delineated on USGS 7.5-minute series topographic quadrangle maps. Therefore, Atlas reviewed the USGS Ochopee, Florida quadrangle map for evidence of wilderness areas in the vicinity of the proposed site. According to the USGS map reviewed, the site is not located in a designated wilderness area. 3.2 WILDLIFE PRESERVES In addressing the issue of designated wildlife preserves, Atlas reviewed information from the USFWS National Wildlife Refuge System (https://www.fws.gov/our- facilities?type=%5B%22National%20Wildlife%20Refuge%22%5D) and information from the NPS (https://www.nps.gov/state/fl/index.htm), which maintain listings of National Wildlife Refuges (NWRs) and wildlife preserves in the United States. According to the information reviewed, the site is located within the Big Cypress National Preserve. The freshwaters of the Big Cypress Swamp, essential to the health of the neighboring Everglades, support the rich marine estuaries along Florida's southwest coast. Conserving over 729,000 acres of this vast swamp, Big Cypress National Preserve contains a mixture of tropical and temperate plant communities that are home to diverse wildlife, including the Endangered Florida panther. Documentation is included in Appendix VII. Based on the findings of this review, the proposed site is located in the Big Cypress National Preserve and further consultation with the NPS is warranted. Page 545 of 5415 Atlas Project No. Z256340004 Page | 3 3.3 LISTED AND/OR PROPOSED THREATENED AND ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITATS Section 7 of the Endangered Species Act of 1973 as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.), the Bald and Golden Eagle Protection Act, (16 U.S.C. 668-668d) (Eagle Act), and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 701 et seq.) charges the U.S. Fish and Wildlife Service (USFWS) as the lead Federal Agency with the protection and conservation of Federal Trust Resources, including threatened and endangered species and migratory birds. Section 7 of the Act requires that each Federal agency, in consultation with the Service, ensure their actions are not likely to jeopardize the existence of any Federally listed threatened or endangered species or result in the adverse modification of critical habitat designated for these species. The following represents a review for potential adverse effects to Federally listed threatened or endangered species and critical habitats as a result of the proposed activities. 3.3.1 Threatened and Endangered Species In order to evaluate if the site is located in an area documented to have occurrences of listed and/or proposed threatened or endangered species, Atlas reviewed the following:  Species and Natural Community Summary for Collier County provided by the Florida Natural Areas Inventory (FNAI) (http://www.fnai.org/),  USFWS Information, Planning and Conservation (IPaC) System Endangered Species Act List (http://ecos.fws.gov/ipac/). According to the FNAI, (1) documented, (4) likely and (19) potential, rare species or natural communities were identified within the biodiversity matrix searched. Atlas also obtained an Official Species List from the South Florida Ecological Services USFWS Field Office, which identified 17 threatened, endangered, or candidate species that may occur within the boundary of the project. FNAI and IPaC information reviewed is included in Appendix III. 3.3.2 USFWS Ecological Services Office The Florida Ecological Service Office issued a Clearance to Proceed with Communication Tower Project in Florida (Key) letter on November 6, 2020. The Key was developed for consultation with the FCC or other Federal agencies for new tower construction, co-location of antennas on existing communication towers or other structures, and the repair, maintenance or relicensing of existing structures. The questions in the determination Key are intended to assist the lead action agency in evaluating whether the proposed action will result in adverse effects to a species protected under the Act. According to IPaC, the proposed project area is outside of the scope of the Key. Copies of the Key and IPaC determination are included in Appendix III. Page 546 of 5415 Atlas Project No. Z256340004 Page | 4 3.3.3 Migratory Birds The USFWS has made the following recommendations that may help reduce potential bird/tower strikes:  Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office (www.fws.gov/offices/index.html);  Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape;  All new towers should be sited to minimize environmental impacts to the maximum extent practicable;  During construction, the consideration should be given to reduce the risk of take of birds; and  Tower design should consider attributes such as: tower height, use of guy wires, lighting systems. Please note that a copy of the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning issued by the USFWS is included in Appendix III. As the noted recommendations may minimize the potential for avian collisions, the USFWS has recommended that these guidelines be implemented on existing and future telecommunication tower projects. 3.3.4 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.” According to the Official Species List from the USFWS Florida Ecological Field Services, the proposed project lies wholly or partially within the proposed critical habitat for the Florida Bonneted Bat. Critical Habitat information reviewed is included in Appendix III. Based on the findings of this review, the proposed site may affect threatened and endangered species and critical habitats, and further evaluation of biological resources including Section 7 consultation with USFWS is warranted. 3.4 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. Atlas contracted with PaleoWest to complete a New Tower (“NT”) submission packet for the proposed Carnestown X601 Tower (FCC Form 620). The report was submitted to the Division of Page 547 of 5415 Atlas Project No. Z256340004 Page | 5 Historical Resources (DHR) and Florida State Historic Preservation Officer (SHPO) for their review and comment on June 29, 2023. PaleoWest and Atlas recommended a finding of no historic properties in the area of potential effects (APE) for direct effects and no adverse visual effects on historic properties in the APE. A copy of the FCC Form 620 is included in Appendix IV. In a response dated August 10, 2023, the SHPO concurred with PaleoWest and Atlas that no historic properties will be affected (directly or indirectly) by the proposed undertaking. A copy of the SHPO concurrence response is included in Appendix V. As required by the NHPA, public participation was solicited and other potentially interested parties were notified of the proposed project. A Public Notice was posted in the Collier Conty Business Observer on June 30, 2023, and notifications were sent to the local government and historical society inviting review and comment of the new tower and proposed undertaking by the general public. As of the date of this report, no opposing comment has been received. If an opposing comment is received, T-Mobile will be notified immediately in an addendum to this report. Based on the response from the SHPO, no further investigation regarding historic property issues appears warranted at this time. 3.5 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. Atlas submitted construction notification regarding the proposed undertaking to the FCC Tower Construction Notification System (TCNS). TCNS reference identification number 268653 was issued for the proposed project. The Form 620 and associated information was sent to the FCC on June 29, 2023 who forwarded the information on to all federally-recognized American Indian Tribes with expressed interest in the area of the site. Six (6) American Indian Tribes were identified that may attach religious and cultural significance to historic properties in the area of the site. American Indian Tribe Finding Miccosukee Tribe of Indians of Florida No interest in pre-construction review Seminole Tribe of Florida Referred to the FCC and received no response Seminole Nation of Oklahoma No interest in pre-construction review Muscogee (Creek) Nation Received no response. FCC notified and multiple attempts to contact were made. Page 548 of 5415 Atlas Project No. Z256340004 Page | 6 Eastern Shawnee Tribe of Oklahoma Responded “No adverse effect” Thlopthlocco Tribal Town Referred to the FCC and received no response Based on the responses or lack of responses from the interested American Indian tribes, no further investigation regarding religious American Indian issues appears warranted at this time. Please refer to Appendix VI for documentation of the American Indian tribal notifications and responses. 3.6 LOCATED IN A FLOODPLAIN (EXECUTIVE ORDER 11988) Atlas reviewed the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) flood zone information for the site. The site is located in Zone AE of the Collier County Unincorporated Areas FIRM, Community Panel Number 12021C0920H, dated May 16, 2012. Zone AE is identified by FEMA as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. According to FEMA, the base flood elevation in the area of the site is 7 feet. A copy of the FEMA FIRM is included in Appendix VII. It is Atlas’ understanding that the facility, including all equipment will be situated at least one (1) foot above the base flood elevation. According to the Accelerating Wireless Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order, adopted March 22, 2018, the requirement that applicants file an EA for facilities to be constructed on a flood plain has been eliminated, provided that the facilities, including all associated equipment, are constructed at least one foot above the base flood elevation. 3.7 WETLANDS AND OTHER WATER BODIES, CHANGE IN SURFACE FEATURES, DEFORESTATION AND WATER DIVERSION (SEE EXECUTIVE ORDER 11990 IF WETLANDS ARE ON A 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. According to the USFWS publication Classification of Wetlands and Deepwater Habitats of the United States, wetlands are defined as “…lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate Page 549 of 5415 Atlas Project No. Z256340004 Page | 7 is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.” In addition, the USFWS states that the “term wetland includes a variety of areas that fall into one of five categories: (1) areas with hydrophytes and hydric soils, such as those commonly known as marshes, swamps, and bogs; (2) areas without hydrophytes but with hydric soils–for example, flats where drastic fluctuation in water level, wave action, turbidity, or high concentration of salts may prevent the growth of hydrophytes; (3) areas with hydrophytes but nonhydric soils, such as margins of impoundments or excavations where hydrophytes have become established but hydric soils have not yet developed; (4) areas without soils but with hydrophytes such as the seaweed- covered portion of rocky shores; and (5) wetlands without soil and without hydrophytes, such as gravel beaches or rocky shores without vegetation.” The USGS Ochopee, Florida topographic map, does not depict surface water features in the immediate vicinity of the site; however, wetlands were depicted throughout the area. The National Wetlands Inventory (NWI) map depicts wetlands surrounding the area of the site, but not in the locations of the site. Atlas attempted to review soil data from the National Resource Conservation Service online Web Soil Survey; however, no soil data was available for the area of the site. According to soil data provided by Environmental Data Resources obtained from the Soil Conservation Service, Riviera fine sand is the predominant soil type underlying the site. These soils are very poorly drained and depth to the water table is generally less than 1 foot. These soils are clayey, have a high water table, or are shallow to an impervious layer. These soils meet the requirements for hydric soil. A copy of the NWI map is included in Appendix VII. During the completion of the site inspection performed by Atlas, there was no evidence of potential wetlands or hydrophytic vegetation in the area of the site, which was observed to be an area of maintained landscaping. Deforestation is not proposed for the project, as the site is not forested. In addition, water diversion and impacts to surface water features are not anticipated to be 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. 3.8 HIGH INTENSITY WHITE LIGHTS AND RADIOFREQUENCY (“RF”) RADIATION EXPOSURE It is Atlas’ understanding that Florida Department of Management Services will follow FAA requirements as the relates to lighting system requirements for the site development. It is Atlas’ understanding that Florida Department of Management Services will comply with radio frequency (RF) radiation exposure limits in accordance with FCC-adopted guidelines (47 CFR § 1.1307b) and the tower and all associated antennas will comply with the RF exposure standards as provided within 47 CFR §§ 1.1310 and 2.1093. Page 550 of 5415 Atlas Project No. Z256340004 Page | 8 4. CONCLUSIONS AND RECOMMENDATIONS Based on the review of the readily available published lists, files, and maps regarding FCC issues, the proposed Carnestown X601 Tower and the proposed site will potentially affect the FCC special interest items outlined in 47 CFR 1.1307 (a)(1) through (8). Specifically, the proposed site is located within the Big Cypress National Preserve and may affect threatened and endangered species and critical habitats. Thus, the preparation of an Environmental Assessment is required. Page 551 of 5415 NEPA LAND USE CHECKLIST Page 552 of 5415 NEPA LAND USE CHECKLIST Prepared for KCI Technologies LLC Site Name: Carnestown X601 Site Address: 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Coordinates (NAD 83): Lat: 25° 53’ 42.8” N Lon: 81° 16’ 54.0” W Check one box NEPA Category Yes No 1. Will the facility be located in an officially designated wilderness area? X 2. Will the facility be located in an officially designated wildlife preserve? X 3. May the facility effect listed, threatened or endangered species or designated critical habitats? Is the facility likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats? X 4. May the facility affect districts, sites, buildings, structures, or objects listed, or Eligible for listing, in the National Register of Historic Places? X 5. May the facility affect Native American religious sites? X 6. Will the facility be located in a flood plain? X 7. Will the construction of the facility involve a significant change in surface features (e.g.,wetland fill, deforestation, water diversion)? X 8. Is the site located in or near a residential neighborhood, as defined by the applicable zoning law? If so, will the antenna tower and/or supporting structure be equipped with high intensity white lights? If not categorically excluded from routine environmental evaluation for RF exposure, would the proposed facility potentially cause human exposure levels of RF radiation in excess of the limits specified in the FCC’s rules? X The undersigned has reviewed and approved the completion of this NEPA Checklist for the above-mentioned site. Prepared by: Atlas Technical Consultants LLC, 5602 Thompson Center Court, Suite 405, Tampa, Florida 33634 Signature: Title: Project Manager Printed Name: Stephen Higgins Date: September 15, 2023 Page 553 of 5415 SITE LOCATION INFORMATION Page 554 of 5415 APPENDIX II SCALE:1:24000 DRAWN BY: CA DATE: 06/2023 FILE: SITE VICINITY REVIEWED BY: SH SOURCE:USGS Topographic Map, Ochobee, Florida Quadrangle, 7.5 Minute Series, dated 2018 5602 THOMPSON CENTER COURT, STE 405 TAMPA, FLORIDA 33634 813.889.8960 PROJECT NO.: Z256340004 APPENDIX II SITE VICINITY MAP CARNESTOWN X 601 40808 Tamiami Trail East Ochopee, Florida 34141 Page 555 of 5415 5602 THOMPSON CENTER COURT, STE 405 TAMPA, FLORIDA 33634 813.889.8960 PROJECT NO.: Z256340004 APPENDIX II SCALE:N/A DRAWN BY: CA DATE: 06/ 2023 FILE: SITE PLAN REVIEWED BY: SH APPENDIX II SITE PLAN Carnestown X 601 40808 Tamiami Trail East Ochopee, Florida 34141 SOURCE:Google Earth, 2023 = Subject Property boundaries Undeveloped Undeveloped undeveloped 40800 Tamiami Trail EastUndeveloped Page 556 of 5415 INFORMAL BIOLOGICAL ASSESSMENT DOCUMENTS Page 557 of 5415 Page 558 of 5415 Page 559 of 5415 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 560 of 5415 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 561 of 5415 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 562 of 5415 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 563 of 5415 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 564 of 5415 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 565 of 5415 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 566 of 5415 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 567 of 5415 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 568 of 5415 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 569 of 5415 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 570 of 5415 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 571 of 5415 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 572 of 5415 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 573 of 5415 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 574 of 5415 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 575 of 5415 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 576 of 5415 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 577 of 5415 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 U.S. Fish and Wildlife Service Clearance to Proceed with Communication Tower Projects in Florida November 6, 2020 This Clearance to Proceed with Communication Tower Projects (Key) letter revises and replaces all prior versions of communication tower clearance letters within the State of Florida. This Key is only for use within the State of Florida. The U.S. Fish and Wildlife Service (Service) is the lead Federal Agency charged with the protection and conservation of Federal Trust Resources, including threatened and endangered species and migratory birds, in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.), the Bald and Golden Eagle Protection Act, (16 U.S.C. 668-668d) (Eagle Act), and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 701 et seq.). Section 7 of the Act requires that each Federal agency, in consultation with the Service, ensure their actions are not likely to jeopardize the existence of any Federally listed threatened or endangered species or result in the adverse modification of critical habitat designated for these species. The Key was developed for consultation with the Federal Communications Commission (FCC) or other Federal agencies for new tower construction, co-location of antennas on existing communication towers or other structures, and the repair, maintenance or relicensing of existing structures. When proposed projects have the potential to effect bald and golden eagles, or other migratory birds, additional consultation with the Migratory Bird office may be necessary, please visit: https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php and https://www.fws.gov/birds/index.php. Pursuant to section 7 of the Act, the lead action agency must review the best available data and exercise their responsibility to support determinations with clear and substantial information. The questions in the determination Key are intended to assist the lead action agency in evaluating whether the proposed action will result in adverse effects to a species protected under the Act. The responses to each of the questions in the determination Key should be considered within the context of the proposed action and site-specific information. If the lead action agency is aware of a nuance in a project that makes it different from the Key, then the lead action agency always has the option not to use the Key and make a determination based on their best professional judgement. In all cases, the lead action agency should document the reasoning behind their determination. Please request technical assistance from the Service for the proposed action if you would like additional guidance in evaluating whether the species is likely to be present and how the proposed action is likely to affect the species. Page 578 of 5415 Page 2 The purpose of this Key is to assist the FCC, the non-federal designee of the FCC, or other Federal agencies in making appropriate effects determinations for communication tower projects under section 7 of the Act within the State of Florida. The Key is intended to streamline consultation with the Service when the proposed action can be walked through the Key and the appropriate conclusion is the proposed action will have no effect on listed species. For towers where the Service believes that further evaluation of the proposed tower is necessary, the Key recommends contacting the local field office and requesting consultation. The Service intends to develop this Key further in the future to provide concurrence for some proposed towers where the proposed project may affect, but is not likely to adversely affect listed species. Therefore, the Service highly recommends continuing to check this site for improvements and additional streamlining opportunities for similar actions. Currently, this Key is not applicable to proposed actions that occur within the consultation area for the Florida bonneted bat (Eumops floridanus). No Effect Determinations: The following provides supporting rationale for no effect determinations. In order to avoid adverse effects to listed avian species from lighting on proposed communication towers and support a no effect determination for any tower in this Key, the applicant must implement the most current Federal Aviation Administration’s obstruction marking and lighting circular (https://www.fws.gov/birds/management/project-assessment-tools- and-guidance/guidance-documents/communication-towers.php). The link to this guidance as well as additional information and guidance from the Service and FCC on how to minimize and avoid impact to birds are posted our national a web site: https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance- documents/communication-towers.php Proposed projects that are co-located on an existing communication tower and do not increase the height of the tower more than 10 feet (3.05 meters) and do not include any ground disturbance, are considered to be consistent with the current structure and no adverse effects are expected for the addition of the new feature. The Key screens the remaining proposed tower projects that were new or co-located and will increase the height of the tower by more than 10 feet (3.05 meters) with a sensitive features layer to ensure the proposed action would be consistent with a no effect determination. This layer excludes towers proposed in Bay County, conservation lands, within 2,500 feet (762 meters) of a wood stork (Mycteria americana) colony, within 1 mile (1.6 meters) of the coastal shoreline (for piping plovers [Charadrius melodus] and red knots [Calidris canutus rufa]), pine rockland habitat, and scrub habitat. Proposed projects that fall outside these areas are considered further for potential affects to listed species. The next screen that is applied to support a conclusion that the proposed project would have no effect to listed species is whether the proposed action would include any ground disturbance. To Page 579 of 5415 Page 3 support a conclusion of no effect, when a proposed tower includes ground disturbance it must occur outside any designated critical habitat, as well as outside the consultation area for the blue- tailed mole skink (Eumeces egregius lividus), eastern indigo snake (Drymarchon corais couperi), and sand skink (Neoseps reynoldsi). Furthermore, the proposed tower must occur in a currently developed site (i.e., previously disturbed, urbanized, developed). Conclusion: For any project that meets the aforementioned screening criteria, use of the Key will provide documentation that they proposed project does not warrant additional consultation under the Act. For any proposed tower that does not meet the aforementioned screening criteria, the Service recommends further consultation. As described above, we anticipate that these activities have the potential to adversely affect a species protected under the Act and further evaluation is warranted. The consultation may conclude informally or formally. For these proposed projects, the Service strongly encourages applicants to implement Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning, dated April 2018, guidance letter from the Division of Migratory Bird Management, to avoid and minimize potential adverse effects to migratory birds and birds protected under the Act. If later modifications are made to the project so that it no longer meets the criteria described above, if additional information involving potential effects to listed species becomes available, or if a new species is listed, reinitiation of consultation may be necessary. If you have any questions, please contact us at 772-562-3909. Thank you for your effort and cooperation in protecting federally listed threated and endangered species and other wildlife resources in Florida. Sincerely yours, Larry Williams State Supervisor, Florida Ecological Services Page 580 of 5415 Page 581 of 5415 Page 582 of 5415 1 Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Migratory Bird Program U. S. Fish and Wildlife Service Falls Church, Virginia March 2021 NOTE: These recommendations replace all previous recommendations for communication tower construction and operation. These recommendations have been modified and updated from previous versions to incorporate the state of the science and the 2020 Federal Aviation Administration Obstruction Marking and Lighting Advisory Circular AC 70/7460‐1M. Communication towers are some of the tallest structures across the landscape and birds are regularly found dead around these towers (Longcore et al. 2012a). It is not definitively understood why this mortality occurs, but evidence suggests that night‐migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast (i.e., low cloud ceiling), foggy, or other low visibility conditions (Cochran and Graber 1958, Avery et al. 1976, Ball et al. 1995, Erickson et al. 2005, Evans et al. 2007, Manville 2014, Gehring et al. 2009 and 2011, Longcore et al. 2012a). Birds aggregate in larger numbers at towers with non‐flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they dispe rse during the “off” phase (Larkin and Frase 1988; Gauthreaux and Belser 1999, 2006; Evans et al. 2007; Poot et al. 2008). Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas. Given the height, structural engineering needs (i.e., guy wires), and obstruction lighting requirements, communication towers may cause direct and indirect bird mortality through: 1. Collisions ‐ Birds that are attracted to tower lights and aggregate in the lighting zone, circle the tower and collide with the tower, guy wires, other birds, or fall to the ground from exhaustion (Longcore et al. 2012b, Gauthreaux and Belser 2006, Erickson et al. 2005). 2. Construction, operation, and maintenance activities ‐ Adults, eggs, or nestlings can experience direct mortality through: a. Trauma or death during vegetation removal; b. Trauma or death during tower maintenance; and c. Death of eggs or nestlings when actions or activities cause adults to abandon nests. 3. Significant loss of fat reserves in adults due to the energy expenditure of circling towers, leading to reduced survival during long migrations (Norris and Taylor 2006, Gehring and Walker 2012). The following avoidance and minimization measures, when used comprehensively, reduce the risk of bird mortality at communication towers: SITING AND CONSTRUCTION OF NEW TOWERS 1. Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office. http://www.fws.gov/offices/index.html 2. Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape. Page 583 of 5415 2 3. Placement. All new towers should be sited to minimize environmental impacts to the maximum extent practicable. a. Place new towers within existing "antenna farms" (i.e., clusters of towers) when possible; b. Select already degraded areas for tower placement; c. Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal refuges, staging areas, rookeries, and Important Bird Areas), or in known migratory bird movement routes, daily movement flyways, areas of br eeding concentration, in habitat of threatened or endangered species, key habitats for Birds of Conservation Concern, or near the breeding areas (“leks”) of prairie grouse; d. Towers should avoid ridgelines, coastal areas, wetlands or other known bird concentration areas; and e. Towers and associated facilities should be designed, sited, and constructed so as to avoid or minimize habitat loss within and adjacent to the tower "footprint". In addition, several shorter, un‐guyed towers may be preferable to one, tall guyed, lit tower. 4. Construction. During construction, the following considerations can reduce the risk of t ake of birds: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of the project site, avo id the site until nestlings have fledged or the nest fails. If the activity must occur, establish a buffer zone around the nest and no activities will occur within that zone until nestlings have fledged. The dimension of the buffer zone will depend on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. c. Prevent the introduction of invasive plants during construction to minimize vegetation community degradation by: i. Use only native and local (when possible) seed stock for all temporary and permanent vegetation establishment; and ii. Use vehicle wash stations prior to entering sensitive habitat areas to prevent accidental introduction of non‐native plants. 5. Tower Design. Tower design should consider the following attributes: a. Tower Height. It is recommended that new towers should be not more than 199 ft. above ground level (AGL). This height increases the mean free airspace between the top of the tower and average bird flight height, even in weather conditions with reduced cloud ceiling; b. Guy Wires. We recommend using free standing towers such as lattice towers or monopole structures. If guy wires are required for tower design: i. The minimum number of guy wires necessary should be used; and ii. Guy wired towers that are proposed to be located in known raptor or waterbird concentrations areas, daily movement routes, major daytime migratory bird movement routes, staging areas, or stopover sites should have daytime visual markers or bird flight diverters installed on the guy wires to attempt to prevent daytime collisions. Page 584 of 5415 3 c. Lighting System. Lights are a primary source of bird aggregation around towers, thus minimizing all light is recommended: i. No tower lighting is the preferred option if Federal Aviation Administration (FAA) regulations and lighting standards (FAA 2015, 2020, Patterson 2012) permit. ii. For some towers, the FAA can permit an Aircraft Detection Lighting System (ADLS), which maintains a communication tower of any height to be unlit until the ADLS radars detect nearby aircraft, at which time the tower lighting system is triggered to illuminate until the aircraft is out of radar range. iii. If taller (> 199 ft. AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting req uired by the FAA should be used. Unless otherwise required by the FAA, only white or red flashing lights should be used at night, and these should follow FAA obstruction and marking standards with regards to the minimum number of lights, minimum intensity (< 2,000 candela), and minimum number of flashes per minute (i.e., longest duration between flashes and "dark phase"). Avoid using non‐flashing warning lights at night (FAA 2015, 2020, Patterson 2012). Owners of existing towers lit with lighting systems that include non‐flashing lights should submit plans to the FAA explaining how and when they will transition to the new standards. iv. Security lighting for on‐ground facilities, equipment, and infrastructure should be motion‐ or heat‐sensitive, down‐shielded, and of a minimum intensity to reduce nighttime bird attraction and eliminate constant nighttime illumination while still allowing safe nighttime access to the site. OPERATION AND MAINTENANCE OF ALL TOWERS 1. Existing Tower Lighting. We recommend that towers be unlit, when allowed by FAA regulations. Light impacts can be minimized by: a. Extinguishing L‐810 non‐flashing red lights (USFWS 2007, 2011) on towers >350 ft. AGL or reconfiguring L‐810 non‐flashing red lights to flash at 30 FPM (+/‐ 3 FPM) in synchrony with other flashing obstruction lights on towers 150‐350 ft. AGL (FAA 2015, 2020); b. Extinguishing L‐810 red lights and reprogramming LED L‐810 lights; this can be done from the tower transmission building or remotely and does not require climbing the tower (FCC 20 20). A “lighting deviation” can be used to extinguish or eliminate L‐810 steady‐burning side lights from an existing registered tower taller than 350 ft. AGL and to reprogram L‐810 steady‐burning side lights to flash on registered towers 150‐350 ft. AGL. The following steps are necessary: 1. File a Marking and Lighting study electronically with the FAA requesting the elimination or omission non-flashing/steady-burning lights (L‐810) or requesting that steady‐burning lights flash with Form 7460‐1, Notice of Proposed Construction or Alteration. Designate structure type: “Deviation from Red Obstruction Light Standards.” 2. Once the FAA has approved the request and assigned a FAA Study Number, file Form 854 with the FCC via the Antenna Registration System (ASR). Please select “MD – Modification” and choose the appropriate FAA Lighting Style. The FCC typically will approve the application and modify the registration within 24 hours. 3. Once the lighting change for a tower has been granted by the FCC via ASR, the L‐81 0 steady‐burning side lights can be extinguished on towers taller than 350 ft. AGL and reprogramed to flash in concert with L‐864 lights on towers 150‐350 ft. AGL. Extinguishing L‐810 lights and reprogramming lights are typically accomplished in the tower transmission building and do not ordinarily require climbing the tower. Per the FAA requirements, flashing red lights should flash at 30 FPM (+/‐ 3 FPM). Page 585 of 5415 4 2. Infrastructure Lighting. We recommend that existing infrastructure be unlit. If associated b uildings require security or operational lighting, minimize light trespass using motion sensors and down‐ shielding with minimum intensity light (USFWS 2011; Poot et al. 2008; Manville 2013; FCC 2014). 3. Vegetation Management. When management of facility infrastructure is required: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing, etc.) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed should depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of t he project site, the site should be avoided until nestlings have fledged or the nest fails. If the activity must occur, a buffer zone should be established around the nest and no activities should occur within that zone until nestlings have fledged. The dimension of the buffer zone depends on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. 4. Birds Nesting on Towers: If birds are nesting on communication towers that require maintenance activities, contact the state natural resource protection agency and/or the USFWS for permits, recommendations, and requirements. Schedule construction and maintenance activities around the nesting and activity schedule of protected birds. Minimize excess wires and securely attach wires to the tower structure to reduce the likelihood of birds becoming entangled on the tower. Consider installing a bird nest exclusion device on the towers where birds frequently nest. 5. Tower Access: Representatives from the USFWS or researchers should be allowed access to the site to evaluate bird use, conduct dead‐bird searches, and conduct other research, as necessary. DECOMMISSIONING Tower Removal. Towers no longer in use, not re‐licensed by the FCC for use, or determined to be obsolete should be removed from the site within 12 months of cessation of use, preferably sooner. REFERENCES Avery, M., P.F. Springer, and J.F. Cassel. 1976. The effects of a tall tower on nocturnal bird migration – a portable ceilometer study. Auk 93: 281‐292. Ball, L.G., K. Zyskowski, and G. Escalona‐Segura. 1995. Recent bird mortality at a Topeka television tower. Kansas Ornithological Society Bulletin 46: 33‐36. Cochran, W.W. and R.R. Graber. 1958. Attraction to nocturnal migrants by ligh ts on a television tower. Wilson Bulletin 70: 378‐380. Erickson W.P., G.D. Johnson, and D.P. Young. 2005. A summary and comparison of bird mortality from anthropogenic causes with emphasis on collisions. USFS Tech. Rep. PSWGTR‐191. Pp. 1029‐1042. Page 586 of 5415 5 Evans, W.R., Y. Akashi, N.S. Altman, and A.M. Manville. 2007. Response of night‐migrating songbirds in cloud to colored and flashing light. North American Birds 60(4): 476‐488. Federal Aviation Administration. 2015. Obstruction marking and lighting. Adv isory Circular AC 70/7460‐ 1L. U.S. Department of Transportation. Federal Aviation Administration. 2016. FAA Acts to Reduce Bird Fatalities. http://www.faa.gov/news/updates/?newsId=85204 Federal Aviation Administration. 2020. Obstruction marking and lighting. Advisory Circular AC 70/7460‐ 1M. U.S. Department of Transportation. Federal Communications Commission. 2015. Opportunities to reduce bird collisions with communication towers while reducing tower lighting costs. http://wireless.fcc.gov/migratory‐ birds/Light_Changes_Information_Update_120415.pdf Gauthreaux, S.A. and C.G. Belser. 1999. The behavioral responses of migrating birds to d ifferent lighting systems on tall towers. In Transactions of the proceedings of the workshop on avian mortality at communication towers (eds. W.R. Evans and A.M. Manville). Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. In Ecological Consequences of Artificial Night Lighting (eds. C. Rich and T. Longcore), pp. 67‐93. Covelo, California: Island Press. Gehring, J., P. Kerlinger, and A.M. Manville. 2009. Communication towers, lights, and birds: Succ essful methods of reducing the frequency of avian collisions. Ecological Applications 19(2): 505 –514. Gehring, J., P. Kerlinger, and A.M. Manville. 2011. The role of tower height and guy wires on avian collisions with communication towers. Journal of Wildlife Management 75(4): 848‐855. Gehring, J. and K. Walter. 2012. Studies of avian collisions with communication towers: a quantification of a bird night flight calls at towers with different structural supports and the use of acoustics as an index of tower fatalities. Progress Report for U.S. Fish and Wildlife Service. MNFI Report Number: 2012‐ 29. Larkin, R.P. and B.A. Frase. 1988. Circular paths of birds flying near a broadcasting tower in cloud. Journal of Comparative Psychology 102: 90‐93. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012a. An estimate of avian mortality at communication towers in the United States and Canada. PLoS One 7(4): 1‐17. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012b. Avian mortality at communication towers in the United States and Canada: which species, how many, and where? Biological Conservation 158: 410‐419. Page 587 of 5415 6 Manville, A.M. 2009. Towers, turbines, power lines, and buildings – steps being taken by the U.S. Fish and Wildlife Service to avoid or minimize take of migratory birds at these structures. In Tundra to tropics: Connecting habitats and people. Proceedings of the 4th International Partners in Flight Conference (eds. T.D. Rich, C. Arizendi, D. Demarest, and C. Thompson). Pp. 1‐11. Manville, A.M. 2013. Recommended Lighting Standards and Lighting Protocols for Structures Requiring Pilot Warning Lighting, and for Security Lighting Purposes. Technical Report, Division of Migratory Bird Management, U.S. Fish and Wildlife Service. Manville, A.M. 2014. Status of U.S. Fish and Wildlife Service developments with communication towers with a focus on migratory birds: Updates to Service staff involved with tower issues. Webinar Summary Talking Points. Pp. 14. Norris, D.R. and C.M. Taylor. 2006. Predicting the consequences of carry‐over effects for migratory populations. Biology Letters 2006(2): 148‐151. Patterson, J.W. 2012. Evaluation of new obstruction lighting techniques to reduce avian fatalities. Technical Note: DOT/FAA/TC‐TN12/9. Poot, H., B.J. Ens, H. de Vries, M.A.H. Donners, M.R. Wernand, and J.M. Marquenie. 2008. Green light for nocturnally migrating birds. Ecology and Society 13(2): 47. U.S. Fish and Wildlife Service. 2007. Comments of the U.S. Fish and Wildlife Service Submitted Electronically to the FCC on 47 CFR Parts 1 and 17, WT Docket No. 03‐187, FCC 06‐164, Notice of Proposed Rulemaking, "Effects of Communication Towers on Migratory Birds." February 2, 2007. 32 pp. U.S. Fish and Wildlife Service. 2011. Comments of the U.S. Fish and Wildlife Service’s Division of Migratory Bird Management Filed Electronically on WT Docket NO. 08‐61 and WT Docket No. 03‐187, Regarding the Environmental Effects of the Federal Communication Commission’s Antenna Structure Registration Program. January 14, 2011. 12 pp. Page 588 of 5415 FCC FORM 620 Page 589 of 5415 FCC Form FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039 Notification Date: See instructions for File Number: public burden estimates General Information 1)(Select only one) ( ) NE – New UA – Update of Application WD – Withdrawal of Application 2) If this application is for an Update or Withdrawal, enter the file number of the pending application currently on file.File Number: Applicant Information 3) FCC Registration Number (FRN): 4) Name: Contact Name 5) First Name:6) MI: 7) Last Name:8) Suffix: 9) Title: Contact Information 10) P.O. Box:And /Or 11) Street Address: 12) City:13) State: 14) Zip Code: 15) Telephone Number:16) Fax Number: 17) E-mail Address: Consultant Information 18) FCC Registration Number (FRN): 19) Name: Principal Investigator 20) First Name: 21) MI: 22) Last Name: 23) Suffix: 24) Title: Principal Investigator Contact Information 25) P.O. Box:And /Or 26) Street Address: 27) City:28) State:29) Zip Code: 30) Telephone Number:31) Fax Number: 32) E-mail Address: Florida Department of Management Services 0004575346 Doug Whitfield 4030 Esplanade Way Tallahassee FL 32399 (850)487-0543 0022578983 PaleoWest doug.whitfield@dms.fl.gov Jelane WallaceM Principal Investigator 1942 2nd Ave South, Unit H Saint Petersburg FL 33712 (813)508-5686 jwallace@chg-inc.com 1 of 13 NE 620 FCC Form 620 New Tower (NT) Submission Packet 0010595957 7AM EST 06/29/2023 May 2014Page 590 of 5415 Professional Qualification 33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( ) Yes ( ) No 34) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) __________________________________________________________________________________________ Additional Staff 35) Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( ) Yes ( ) No If “YES,” complete the following: X X X 36) First Name: 37) MI: 38) Last Name: 39) Suffix: 40) Title: 41) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) ____________________________________________________________________________________________ Stacey L Griffin X Senior Architectural Historian 2 of 13 FCC Form 620 May 2014Page 591 of 5415 Site Information Tower Construction Notification System 1) TCNS Notification Number: Site Information 2)Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( ) No 3) Site Name: 4) Site Address: 5) Detailed Description of Project: 6) City:7) State:8) Zip Code: 9) County/Borough/Parish: 10) Nearest Crossroads: 11)NAD 83 Latitude (DD-MM-SS.S):( ) N or ( ) S 12)NAD 83 Longitude (DD-MM-SS.S):( ) E or ( ) W Tower Information 13) Tower height above ground level (include top-mounted attachments such as lightning rods): ___________________ ( ) Feet ( ) Meters 14) Tower Type (Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( ) Monopole ( ) Other (Describe): Project Status 15) Current Project Status (Select One): ( ) Construction has not yet commenced ( ) Construction has commenced, but is not completed Construction commenced on: _______________ ( ) Construction has been completed Construction commenced on: _______________ Construction completed on: _______________ 268653 Carnestown X601 Tower 40808 Tamiami Trail East Ochopee FL COLLIER 34141 25-53-42.8 081-16-54.0 X X 106.7 X 3 of 13 X X FCC Form 620 US 41 and Turner River Road May 2014 US 41 and Turner River Road Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. X Page 592 of 5415 Determination of Effect 14) Direct Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 15) Visual Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 4 of 13 X X FCC Form 620 May 2014Page 593 of 5415 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system:Number of Tribes/NHOs: _________________ 268653 3 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Seminole Nation of Oklahoma 06/28/2023 X Ben Yahola Tribal Historic Preservation Officer Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Seminole Tribe of Florida 06/28/2023 X THPO Compliance Compliance Review Supervisor 5 of 13 FCC Form 620 May 2014Page 594 of 5415 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system:Number of Tribes/NHOs: _________________ 268653 3 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Thlopthlocco Tribal Town 06/28/2023 X Ryan Morrow Mekko 6 of 13 FCC Form 620 May 2014Page 595 of 5415 Other Tribes/NHOs Contacted Tribe/NHO Information 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name:4) MI: 5) Last Name:6) Suffix: 7) Title: Contact Information 8) P.O. Box:And /Or 9) Street Address: 10) City:11) State:12) Zip Code: 13) Telephone Number:14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 7 of 13 FCC Form 620 May 2014Page 596 of 5415 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City:8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE US-41 X X 8CR927 US-41 Ochopee FL COLLIER 34141 Florida Master Site File X X X X X X 8 of 13 FCC Form 620 May 2014Page 597 of 5415 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City:8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE Tamiami Canal X X 8CR928 US-41 Ochopee FL COLLIER 34141 Florida Master Site File X X X X X X 9 of 13 FCC Form 620 May 2014Page 598 of 5415 Local Government Involvement Local Government Agency 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name: 4) MI: 5) Last Name: 6) Suffix: 7) Title: Contact Information 8) P.O. Box:And /Or 9) Street Address: 10) City:11) State:12) Zip Code: 13) Telephone Number:14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 19) Information on local government’s role or interest (optional): Collier County Timothy Finn Principal Planner 2800 North Horseshoe Drive North Naples FL 34104 (000)000-0000 timoth.finn@colliercountyfl.gov X 06/23/2023 06/23/2023 Based on our GIS Historical Probability Maps there are no Historical Structures , Historical Districts, Historical/Archaeological Probability Areas, or Archaeological Sites on the area proposed for the telecommunications project. X 10 of 13 FCC Form 620 May 2014Page 599 of 5415 Other Consulting Parties Other Consulting Parties Contacted 1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No Consulting Party 2) FCC Registration Number (FRN): 3) Name: Contact Name 4) First Name:5) MI: 6) Last Name:7) Suffix: 8) Title: Contact Information 9) P.O. Box:And /Or 10) Street Address: 11) City: 12) State:13) Zip Code: 14) Telephone Number:15) Fax Number: 16) E-mail Address: 17) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 18) Date Contacted _______________19) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 20) Information on other consulting parties’ role or interest (optional): X HISTORIC PALM COTTAGE, EDUCATIONAL HQ To Whom It May Concern 137 12th Avenue South Naples FL 34102 (000)000-0000 NHS@NaplesHistoricalSociety.org X 06/23/2023 X 11 of 13 FCC Form 620 May 2014Page 600 of 5415 12 of 13 FCC Form 620 May 2014 Designation of SHPO/THPO 1)Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower. SHPO/THPO Name: ____Florida Division of Historical Resources__________________________________________________ 2)You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation Agency. SHPO/THPO Name: ______________________________________________________________________________________________ SHPO/THPO Name: ______________________________________________________________________________________________ SHPO/THPO Name: ______________________________________________________________________________________________ Designation of SHPO/THPO Attachments may be required – See instructions for details. Certification I certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true, correct, and complete. Party Authorized to Sign 20)First Name: Jelane 21)MI: M 22)Last Name: Wallace 23)Suffix: Signature: Date: _06__/_28__/_2023_ FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Page 601 of 5415 Attachments Page 1 FCC Form 620 May 2014 Attachments I. Consultant Information Attachments You are required to provide a current copy of the resume of curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in this filing. JELANE WALLACE, M.A., R.P.A. Education M.A. Applied Anthropology, University of South Florida, 2021 B.A. Archaeology, Boston University, 2003 Selected Relevant Experience • 2007-present: Field Supervisor/Principal Investigator, 300+ new build and co-located cellular surveys for FCC Form 620/621 projects. • 2021: Principal Investigator, Phase III Mitigation of Site 8SL1646 St. Lucie County, Florida. USACE, Jacksonville District. • 2020: Field Supervisor/GIS Specialist, August Mine HFRA, Talladega Ranger District, Talladega National Forest, Calhoun, Cherokee, and Cleburne Counties, Alabama, for U.S. Forest Service. • 2019: Field and Lab Supervisor/GIS Specialist, Anclote River Federal Navigation Project Submerged Cultural Resources Survey and Terrestrial Phase I Survey, USACE, Jacksonville District. • 2018: Field Supervisor, Heather Well Site, Hernando County, Florida, Southwest Florida Water Management District. • 2017-2018: Field and Lab Supervisor/GIS Specialist, Bayshore Gate, WebOps and CDC Parking Lot Project Areas, MacDill Air Force Base. • 2018-2019: Field and Lab Supervisor/GIS Specialist, Phase I Survey of Western Everglades Restoration Project for Army Corps of Engineers, Jacksonville District, Hendry Co., Florida, Panamerican Consultants, Inc. • 2015-2018: Drafting/GIS Specialist, Historic District Nominations: Berryville Commercial HD, Leslie Commercial HD, Prairie Grove Commercial HD, and North Mock Street Commercial HD, Arkansas. Panamerican Consultants, Inc. • 2015-2016: Field and Lab Supervisor, Phase I survey, USDA Forest Service, Ocala National Forest North 40 Environmental Assessment and Alexander Springs, Marion County, Florida. • 2015: Field Supervisor, Phase I survey, Army Corps of Engineers, Mobile District, Fairchild State Park Proposed Timber Sale, Seminole County, Georgia. Panamerican Consultants, Inc. • 2011: Field Supervisor: Miami Canal and WCA-3A Phase I survey, Brevard and Miami-Dade Counties, Florida, for USACE, Jacksonville District. • 2007: Field Supervisor, Phase I survey, Eagle Quarry in Selby County, Alabama, for RMT, Inc. of Birmingham, Alabama. Panamerican Consultants, Inc. • 2006: Field Assistant, Phase I survey for the Williams Gas Pipeline Production Area Mainline Expansion, East Feliciana and St. Helena Parishes, Louisiana, Panamerican Consultants, Inc. Professional Memberships Register of Professional Archaeologists (RPA) Page 602 of 5415 Attachments Page 2 FCC Form 620 May 2014 STACEY L. GRIFFIN, M.A. Education M.A. History/Historic Preservation, Middle Tennessee State University, 2003 B.A. Art History (Art Studio, Minor), University of Alabama at Birmingham, 1991 Selected Relevant Experience • On-going: Principal Investigator/Sr. Architectural Historian, Architectural Assessment, National Register of Historic Places Eligibility Recommendations, and National Register District Eligibility Recommendations of All Standing Structures for Marshall Space Flight Center, Huntsville, Alabama. • 2023: Principal Investigator/Senior Architectural Historian, Campus-Wide Architectural and Landscape Survey of Jacksonville State University, Jacksonville, Calhoun County, Alabama. • On-going: Project Manager/Senior Architectural Historian, Nationwide Historic Context Study: Preparing for the Great War, A Historic Context Study of the United States Mobilization For World War I: Technology, Tactics, and Training (Legacy Project 18-834). • 2021: Principal Investigator/Senior Architectural Historian, Architectural Survey to Provide a Determination of National Register of Historic Places (NRHP) eligibility for BR C-292.2, Sargent, Coweta County, Georgia. • 2020: Principal Investigator/Senior Architectural Historian, Assessment of Effects for SAS-2020-00364 (Bridge A-175.2 Replacement), Wilkinson County, Georgia. • 2019: Principal Investigator/Senior Architectural Historian, Level I Historic American Engineering Record, Lamb-Fish Lumber Company Bridge, Charleston, Tallahatchie County, Mississippi. • 2018: Principal Investigator/Senior Architectural Historian, Architectural Survey and Completion of a Determination of Effect Report of the Beatline Road Project Area, Gulfport, Harrison County, Mississippi. • 2018: Principal Investigator/Senior Architectural Historian, Prairie Grove Commercial Historic District, Prairie Grove, Washington County, Arkansas [listed April 2018]. • 2018: Principal Investigator/Senior Architectural Historian, North Mock Street Commercial Historic District, Prairie Grove, Washington County, Arkansas [listed April 2018]. • 2018: Senior Architectural Historian, Viewshed Assessment of the Battleship Road Development, Wilmington, North Carolina. • 2015: Project Manager/Principal Investigator/Senior Architectural Historian, Phase I and Phase II for the Reevaluation of the 1989 National Register Nomination Package and Evaluation of Resources 50 Years or Older At Hawthorne Army Depot, Mineral County, Nevada. • 2012: Principal Investigator/Senior Architectural Historian, Main Post Historic District, Fort Benning, Georgia, National Register of Historic Places Nomination Form. • 2012: Principal Investigator/Senior Architectural Historian, Key West Historic Resources Survey 2011. • 2008: Principal Investigator/Senior Architectural Historian, Fort Benning Treatment Plans for the Historic Properties Component, Fort Benning, Georgia. • 2007: Principal Investigator/Senior Architectural Historian, Fort Benning Historic Properties Survey Update for the Reevaluation of Historic Properties, U.S. Army Maneuver Center of Excellence, Fort Benning, Georgia. Page 603 of 5415 Attachments Page 3 FCC Form 620 May 2014 II. Site Information Attachments You are required to provide photographs and maps as part of this filing. Additional site information can be provided in an optional attachment. Photograph Requirements: Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project, keyed to the relevant map or text, and dated; the focal length of the lens and the height of the camera should be noted. The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic images) should be identified on the photograph. a. Photographs taken from the tower site should show views from the proposed location in all directions. The direction (e.g., north, south, etc.) should be indicated on each photograph, and, as a group, the photographs should present a complete (360 degree) view of the area around the communications tower or non-tower structure. b. Photographs of all listed and eligible properties within the Areas of Potential Effects. c. If any listed or eligible properties are visible from the proposed tower site, photographs looking at the site from each historic property. The approximate distance in feet (meters) between the site and the historic property should be included. If any listed or eligible properties are within the APE, photos looking at each historic property should be included. Include aerial photos of the APE for visual effects, if available. There are a variety of publicly available websites that provide aerial photographs. Please see the attached photographs, which were taken June 19, 2023, unless otherwise noted. 1. Proposed tower and compound location, in foreground with fire station building in background, facing northeast. Page 604 of 5415 Attachments Page 4 FCC Form 620 May 2014 2. View from the proposed tower location, facing north. Note the existing access route along paved driveway. 3. View from the proposed tower compound, facing east. Page 605 of 5415 Attachments Page 5 FCC Form 620 May 2014 4. View from the proposed tower compound, facing south. 5. View from the proposed tower compound, facing west. Page 606 of 5415 Attachments Page 6 FCC Form 620 May 2014 6. Existing access road and utility route for proposed tower and compound, from Historic Resource 8CR927 (US-41), facing south. Includes the viewshed from Historic Resource 8CR927 (US-41). 7. Historic Resource 8CR927 (US-41), facing west- northwest. Page 607 of 5415 Attachments Page 7 FCC Form 620 May 2014 8. Historic Resource 8CR928 (Tamiami Canal), facing east. 9. Viewshed from Historic Resource 8CR928 (Tamiami Canal), facing south, showing the fire station building and access route to tower compound. Page 608 of 5415 Attachments Page 8 FCC Form 620 May 2014 Map Requirements: Include one or more 7.5-minute quad USGS topographical maps that: a. Identify the Areas of Potential Effects for both Direct and Visual Effects. If a map is copied from the original, include a key with name of quad and date. b. Show the location of the proposed tower site and any new access roads or other easements including excavations. c. Show the locations of each property listed. d. Include keys for any symbols, colors, or other identifiers. e. Submit color maps whenever possible. The following maps have been attached to this report: Aerial Map showing proposed tower compound (Figure 1) Topographic Map showing APE (Figure 2) Aerial Map showing APE (Figure 3) Site Plans from Client (2 pages) Aerial Map showing proposed tower compound (Figure 1) Page 609 of 5415 Attachments Page 9 FCC Form 620 May 2014 Topographic Map showing APE (Figure 2) Page 610 of 5415 Attachments Page 10 FCC Form 620 May 2014 Aerial Map showing APE (Figure 3) Page 611 of 5415 Attachments Page 11 FCC Form 620 May 2014 Site Plan from Client (Page 1) Page 612 of 5415 Attachments Page 12 FCC Form 620 May 2014 Site Plan from Client (Page 2) Page 613 of 5415 Attachments Page 13 FCC Form 620 May 2014 Additional Site Information Recommendations: Describe any additional structures, access roads, utility lines, fences, easements, or other construction planned for the site in conjunction with the proposed tower and related facilities. Use this attachment to provide additional details needed to provide a full and accurate description of any structural alterations, additions, or other construction activities that will take place to complete the tower. The subject property is located at 40808 Tamiami Trail East (US-41), Ochopee, Collier County, Florida 34141. It lies at the northeast south of Tamiami Trail (US-41), east of Bass Lake Road and west of Turner River Road (County Road 839). The Ochopee Fire Control Station 66 is located on the property. There are existing paved driveway, parking, access road, utilities and a structure for the fire station. To the south of the fire station building is a grassy area where the tower compound would be located, adjacent to a paved circular driveway. Fill material was evident on the surface in this area. Proposed is the construction of a self-support cellular communications tower with a total height of 350 ft. (106.7 m). The tower is to be located in an approximately 5,235 square foot (486 square meter) fenced compound area. Access is already in existence and is a 20 ft. (6.1 m.) wide paved drive and gateway that connects to US-41 to the north. To the north is the fire station, driveway, parking lot, and US-41. To the south, east, and west is the thick vegetation of the Big Cypress portion of the Everglades. Page 614 of 5415 Attachments Page 14 FCC Form 620 May 2014 III. Determination of Effect Attachments You are required to provide two attachments regarding the Determination of Effect: Areas of Potential Effect and Mitigation of Effect (if applicable). Areas of Potential Effect Guidelines: a. Describe the APE for direct effects and explain how this APE was determined. The APE for direct effects is defined as the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the undertaking. On November 24, 2008, the FCC further clarified that the APE-Direct Effects is limited to the lease area including the access route and utility corridor. Clay Bush, Field Technician, under the supervision of Jelane Wallace, M.A., Principal Investigator for PaleoWest/Commonwealth Heritage Group, completed a field survey on June 19, 2023, and determined that the APE for direct effects is limited to the proposed compound area and the access/utility easement route. b. Describe the APE for visual effects and explain how this APE was determined. The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a historic property that makes it eligible for listing on the National Register. The presumed APE for visual effects for construction of new facilities is the area from which the tower will be visible: a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in overall height; b. Within ¾ of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c. Within 1½ miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. Due to the height of the existing tower, the APE for visual effects for this project is a 3/4-mile radius. Mitigation of Effect Guidelines: In the case where an Adverse Visual Effect or Adverse Direct Effect has been determined you must provide the following: a. Copies of any correspondence and summaries of any oral communications with the SHPO/THPO and any consulting parties. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant’s conclusion regarding the feasibility of each alternative. The proposed tower, compound area, and access/utility route are not expected to impose a direct effect or an adverse visual effect on Historic Properties, so no alternatives were considered. Page 615 of 5415 Attachments Page 15 FCC Form 620 May 2014 IV. Tribal/NHO Involvement Attachments You may be required to provide a Tribal/NHO Involvement attachment(s) (if applicable). Tribal/NHO Involvement Attachment Guidelines At an early stage in the planning process, the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations (“NHOs”) to assist in the identification of historic properties of religious and cultural significance to them. Describe measures taken to identify Indian Tribes and NHOs that may attach religious and cultural significance to historic properties that may be affected by the tower project within the Areas of Potential Effects (“APEs”) for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by the FCC, the Applicant, or the Applicant’s representative. Provide copies of relevant documents, including correspondence. If no such Indian Tribes or NHOs were identified, please explain. TCNS notification was initiated by ATC Group Services, LLC. on June 27, 2023 with the Notification ID of 268653. See attached document. Page 616 of 5415 From:towernotifyinfo@fcc.gov To:Stephen Higgins Subject:[EXTERNAL] Proposed Tower Structure Info - Email ID #8581889 Date:Tuesday, June 27, 2023 11:22:59 AM [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for submitting a notification regarding your proposed construction via the Tower Construction Notification System. Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 617 of 5415 Attachments Page 17 FCC Form 620 May 2014 V. Historic Properties Attachments Historic Properties Identified for Direct Effects Guidelines a. List all properties identified within the APE for direct effects. Based on a review of Florida Master Site files in GIS form, dated January 2023, a review of the online records of the Collier County Property Appraiser, and a June 19, 2023 field visit, there were no Historic Properties identified within the APE for direct effects. b. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for direct effects, not listed in part “a”, that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant’s research. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible, describe why it does not satisfy the criteria of eligibility. The records of the FMSF in GIS format, dated January 2023 showed no previously recorded resources in the APE for direct effects. c. Describe the techniques and the methodology, including any field survey, used to identify historic properties within the APE for direct effects.2 If no archeological field survey was performed, provide a report substantiating that: i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, ii) geomorphological evidence indicates that cultural resource bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth. Clay Bush, Archaeological Field Technician, under the supervision of Jelane Wallace, M.A. Principal Investigator for PaleoWest/Commonwealth Heritage Group, completed an evaluation of the proposed tower location, compound area, and access/utility easement on June 19, 2023 for the likelihood of Historic Properties in the area for direct effects. The majority of the compound is covered comprised of fill material and there are utilities present in the vicinity. Four shovel tests were attempted, but all terminated at 20 cm below surface or less due to the dense fill material present. These shovel tests revealed a disturbed stratigraphy which consisted of only one stratum of dense fill material. Close surface inspection of the area in and around the tower compound was also conducted but did not result in the recovery of any artifacts or the observation of any historic features. It is the opinion of PaleoWest/Commonwealth Heritage Group that no archaeological resources will be affected by the proposed tower and compound construction. Page 618 of 5415 Attachments Page 18 FCC Form 620 May 2014 Historic Properties Identified for Visual Effects Guidelines a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPO/THPO, pursuant to Section VI.D.1.a. of the Nationwide Agreement.3 Based on a June 2023, search performed using GIS data dated January 2023 provided by the Florida Master Site File, as well as a June 19, 2023 site visit, 2 Historic Properties were found within the ¾ mile APE for visual effects. No adverse visual effect is expected from the proposed tower if it is visible from any of these properties. Site Number Site Name; Address Date Resource Type SHPO Evaluation 8CR00927 US 41: Tamiami Trail East, Ochopee, FL 34141 1928 Linear Eligible for NRHP 8CR00928 Tamiami Canal: Tamiami Trail East, Ochopee, FL 34141 1928 Linear Eligible for NRHP b. Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in part “a”, identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). As of the date of this report, ATC Group Services, LLC. has not received comments from Indian Tribes, NHOs, local governments, or members of the public that identify specific Historic Properties in the APE for visual effects that are not listed above. A standing request from consulting parties that archaeological sites located within the APE of the proposed tower site did not note any previously recorded resources. c. For any properties listed in part “a”, that the Applicant considers no longer eligible for inclusion in the National Register, explain the basis for this recommendation. There are no resources listed above in part ‘a’ that are no longer eligible for inclusion in the National Register. Page 619 of 5415 Attachments Page 19 FCC Form 620 May 2014 VI. Local Government Involvement Attachment(s) You may be required to provide a Local Government attachment(s). Local Government Attachment Guidelines a. If any local government has been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Agreement, list the local government agencies contacted. Provide a summary of contacts and copies of any relevant documents (e.g., correspondence or notices). b. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place. The Mr. Timothy Finn, Collier County Principal Planner as well as the Historic Palm Cottage, Educational HQ for Naples Historical Society were contacted by ATC Group Services, LLC on June 23, 2023. On June 23, 2023, Timothy Finn for Collier County responded. See following attached documents. Page 620 of 5415 June 23, 2023 MR. TIMOTHY FINN, AICP timothy.finn@colliercountyfl.gov COLLIER COUNTY PRINCIPLE PLANNER 2800 NORTH HORSESHOE DRIVE NORTH NAPLES, FL 34104 SUBJECT: Notification of Florida Department of Management Services Intent to Pursue a Communications Tower Site Carnestown X601 Tower 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Atlas Project No.: Z256340004 Dear Mr. Finn: Florida Department of Management Services is proposing to build a Federal Communications Commission registered tower to provide wireless services throughout the South Florida area. Proposed is the construction of a wireless facility at 40808 Tamiami Trail East, Ochopee, Florida 34141. The facility will consist of a new 350 foot-tall self-support telecommunications tower with associated electrical equipment situated within a fenced area. This facility, and others like it, will allow high-quality wireless communications services to the people of your community. This notice is provided pursuant to the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission 47 C.F.R. pt. 1 app. C § V(C). A notice will also be published in a local newspaper to inform the public, in addition to any requirements that are part of the zoning and permitting process. To submit comments regarding potential effects to historic properties or to obtain a copy of our filing with the State Historic Preservation Officer, please contact Stephen Higgins at the information listed below and reference Carnestown X601 Tower. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC Stephen Higgins Catie Arena Project Manager Staff Biologist Direct Line: 863-397-6637 Direct Line: 262-721-4613 Email: stephen.higgins@oneatlas.com Email: catie.arena@oneatlas.com Page 621 of 5415 June 23, 2023 HISTORIC PALM COTTAGE, EDUCATIONAL HQ NHS@NaplesHistoricalSociety.org NAPLES HISTORICAL SOCIETY 137 12th AVENUE SOUTH NAPLES, FLORIDA 34102 SUBJECT: Notification of Florida Department of Management Services Intent to Pursue a Communications Tower Site Carnestown X601 Tower 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Atlas Project No.: Z256340004 Dear Madam or Sir: Florida Department of Management Services is proposing to build a Federal Communications Commission registered tower to provide wireless services throughout the South Florida area. Proposed is the construction of a wireless facility at 40808 Tamiami Trail East, Ochopee, Florida 34141. The facility will consist of a new 350 foot-tall self-support telecommunications tower with associated electrical equipment situated within a fenced area. This facility, and others like it, will allow high-quality wireless communications services to the people of your community. This notice is provided pursuant to the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission 47 C.F.R. pt. 1 app. C § V(C). A notice will also be published in a local newspaper to inform the public, in addition to any requirements that are part of the zoning and permitting process. To submit comments regarding potential effects to historic properties or to obtain a copy of our filing with the State Historic Preservation Officer, please contact Stephen Higgins at the information listed below and reference Carnestown X601 Tower. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC Stephen Higgins Catie Arena Project Manager Staff Biologist Direct Line: 863-397-6637 Direct Line: 262-721-4613 Email: stephen.higgins@oneatlas.com Email: catie.arena@oneatlas.com Page 622 of 5415 1 Stephen Higgins From:FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent:Friday, June 23, 2023 8:48 AM To:Stephen Higgins Subject:[EXTERNAL] RE: Notification of a Proposed Telecommunications Tower [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Hello, Based on our GIS Historical Probability Maps there are no Historical Structures , Historical Districts, Historical/Archaeological Probability Areas, or Archaeological Sites on the area proposed for the telecommunications project. From: Stephen Higgins <stephen.higgins@oneatlas.com> Sent: Friday, June 23, 2023 8:24 AM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: Notification of a Proposed Telecommunications Tower EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello, Please see the attached notification for a proposed telecommunications tower in your area. Thank you Stephen Higgins Project Manager 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 O: 813.889.8960 | C: 863.397.6637 OneAtlas.com I LinkedIn I Facebook I Twitter This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and/or confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any use Page 623 of 5415 2 and/or dissemination of any of this communication is strictly prohibited. If you have received this communication in error, notify the sender immediately by return email and delete the message and any attachments from your system. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 624 of 5415 Attachments Page 24 FCC Form 620 May 2014 VII. Consulting Parties Attachment You are required to provide a Public Notice attachment. Public Notice Guidelines: Provide copies of any relevant correspondence or other documentation used to invite public involvement in this project (e.g., legal notices, letters, or public meetings). The following public notice for the proposed cellular tower was placed in the Business Observer newspaper of Collier County, Florida on June 30, 2023. Telecommunication Facility Florida Department of Management Services proposes to construct a new 350 foot-tall self-support telecommunications tower at 40808 Tamiami Trail East, Ochopee, Florida 34141. Wireless telecommunications antennas will be installed on the tower and related electronic cabinets will be placed next to it. In accordance with regulations implementing Section 106 of the National Historic Preservation Act, Florida Department of Management Services hereby solicits public comment concerning its proposal. In order for your comments to receive full and timely consideration they should be received at the address below within 30 days of the date of this notice: Stephen Higgins Atlas Technical Consultants LLC 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 Phone: 813-889-8960 Fax: 813-889-8754 stephen.higgins@oneatlas.com Page 625 of 5415 SHPO CONCURRENCE Page 626 of 5415 RON DESANTIS Governor CORD BYRD Secretary of State Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) • FLHeritage.com Ms. Jelane Wallace August 10, 2023 Principal Investigator PaleoWest 1942 2nd Avenue South, Suite H St. Petersburg, FL 33712 RE: DHR Project File No.: 2023-4114 Federal Communication Commission – TCNS Number: 268653 Project: Proposed Telecommunications Tower - X601 Carnestown Address: 40808 Tamiami Trail East, Ochopee County: Hamilton County Dear Ms. Wallace: The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on historic properties listed, or eligible for listing, in the National Register of Historic Places. The review was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations in 36 CFR Part 800: Protection of Historic Properties. Based on the information provided, it is the opinion of this office that no historic properties will be affected (directly or indirectly) by the proposed undertaking. If you have any questions, please contact Scott Edwards, Historic Preservationist, by electronic mail scott.edwards@dos.myflorida.com, or at 850.245.6333 or 800.847.7278. Sincerely, Alissa Slade Lotane Director, Division of Historical Resources and State Historic Preservation Officer Page 627 of 5415 THPO DOCUMENTATION Page 628 of 5415 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Tuesday, June 27, 2023 11:23 AM To:Stephen Higgins Subject:[EXTERNAL] Proposed Tower Structure Info - Email ID #8581889 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for submitting a notification regarding your proposed construction via the Tower Construction Notification System. Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 629 of 5415 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Friday, June 30, 2023 10:25 AM To:Stephen Higgins Cc:tcnsweekly@fcc.gov Subject:[EXTERNAL] NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8591384 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The notification that you provided was forwarded to the following Tribal Nations and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. Real Estate Director Kevin Donaldson - Miccosukee Tribe of Indians of Florida - Tamiami Station (PO Box: 440021) Miami, FL - hopel@miccosukeetribe.com - 305-223-8380 (ext: 2246) - regular mail Page 630 of 5415 2 If the applicant/tower builder receives no response from the Miccosukee Tribe of Indians of Florida within 30 days after notification through TCNS, the Miccosukee Tribe of Indians of Florida has no interest in participating in pre- construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Miccosukee Tribe of Indians of Florida in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 2. Compliance Review Supervisor THPO Compliance - Seminole Tribe of Florida - 30290 Josie Billie Hwy PMB 1004 Clewiston, FL - THPOcompliance@semtribe.com - 863-983-6549 (ext: 12245) - electronic mail 3. Tribal Historic Preservation Officer Ben Yahola - Seminole Nation of Oklahoma - (PO Box: 1498) Wewoka, OK - tcns-sno@sno-nsn.gov - 405-234-5218 - electronic mail Exclusions: Please send all inquiries to email address: tcns-sno@sno-nsn.gov If the applicant/tower builder receives no response from the Seminole Nation of Oklahoma within 30 days after notification through TCNS, the Seminole Nation of Oklahoma has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Seminole Nation of Oklahoma in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. TCNS Manager Corain Lowe-Zepeda Ms - Muscogee (Creek) Nation - Highway 75 & Loop 56 (PO Box: 580) Okmulgee, OK - clowe@muscogeenation.com - 918-732-7835 - regular mail 5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East 128 Road Wyandotte, OK - celltower@estoo.net - 918-238-5151 (ext: 1861) - regular mail Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened. Submit one printed color copy by US postal mail or other parcel carrier of all documentation to: Eastern Shawnee Tribe Attn: CellTower Program 70500 E. 128 Rd. Wyandotte, OK 74370 Provide a 1-page cover letter with the following information: a. TCNS Number b. Company Name c. Project Name, City, County, State d. Project type Page 631 of 5415 3 e. Project coordinates f. Contact information The Eastern Shawnee Procedures document is available and highly recommended for guidance; send an email to celltower@estoo.net requesting our most current copy. 6. Mekko Ryan Morrow - Thlopthlocco Tribal Town - P.O. Box 188 Okemah, OK - thpo@tttown.org - 000-000- 0000 - electronic mail Exclusions: Thlopthlocco Tribal Town requests that all initial review materials required by applicable law be submitted by email directly to thpo@tttown.org. In addition, in the event archeological or cultural materials or human remains are discovered at any time during this undertaking, please notify Thlopthlocco Tribal Town immediately. The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SHPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA. 7. Deputy SHPO Compliance Review Laura A Kammerer - Div of Historical Resources, Dept of State - 500 S. Bronough St. Tallahassee, FL - lkammerer@dos.state.fl.us - 850-245-6333 - electronic mail 8. Historic Preservationist General Staff - Florida Division of Historical Resources - 500 S. Bronough Street Tallahasse, FL - CompliancePermits@DOS.MyFlorida.com - 850-245-6366 - electronic mail TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by emailing tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Page 632 of 5415 4 Notification Received: 06/27/2023 Notification ID: 268653 Excluded from SHPO Review: No Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: https://urldefense.com/v3/__https://www.fcc.gov/wireless/available-support- services__;!!NLb8tKzEWkjbfA!kOmUn6scbMm5KBRARoAvi3yRvGZQmWbKwUH7BSqJZEHNk6O4lNZakX5aOdoVxK3mmR y-i_bhWHMDiIw7mdOBNts9TpvaOpnCFg$ You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission Page 633 of 5415 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Monday, August 14, 2023 5:17 PM To:Stephen Higgins Cc:tcns.fccarchive@fcc.gov Subject:[EXTERNAL] Reply to Proposed Tower Structure (Notification ID: 268653) - Email ID # 8640592 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the Eastern Shawnee Tribe of Oklahoma in reference to Notification ID #268653: The Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma (ESTO) has received the documentation for the referenced TCNS project. ESTO has reviewed the project in accordance with Section 106 of the National Historic Preservation Act (NHPA). Based on the information provided and a review of our records, we find that this project will have No Adverse Effect on properties of sacred and/or cultural significance to the Tribe. The project site is within the known regional area of the Shawnee prehistorically and historically, be aware of inadvertent discoveries. However, ESTO has no objection to the project proceeding as described. Please note that any future changes to this project will require additional consultation. In accordance with the NHPA of 1966 (16 U.S.C. § 470-470w-6), federally funded, licensed, or permitted undertakings that are subject to the Section 106 review process must determine effects to significant historic properties. As clarified in Section 101(d)(6)(A-B), historic properties may have religious and/or cultural significance to Indian Tribes. Section 106 of NHPA requires Federal agencies to consider the effects of their actions on all significant historic properties (36 CFR Part 800) as does the National Environmental Policy Act of 1969 (43 U.S.C. § 4321-4347 and 40 CFR § 1501.7(a). However, if during construction cultural objects or human remains are inadvertently discovered, please stop work immediately and contact the Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma. (918)238- 5151 x1861 Niyaawe, Kelly Nelson Cell Tower Coordinator Eastern Shawnee Tribe of Oklahoma Page 634 of 5415 2 For your convenience, the information you submitted for this notification is detailed below. Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 635 of 5415 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Thursday, August 10, 2023 9:01 AM To:Stephen Higgins Cc:tcnsweekly@fcc.gov Subject:[EXTERNAL] Proposed Construction of Communications Facilities Notification of Final Contacts - Email ID #34523 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Florida Department of Management Services Stephen Higgins 5602 Thompson Center Court, Suite 405 Tampa, FL 33634 Dear Applicant: This letter addresses the proposed communications facilities listed below that you have referred to the Federal Communications Commission (Commission) for purposes of contacting federally recognized Indian Tribes, including Alaska Native Villages (collectively Indian Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G of the Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the Commission's Wireless Infrastructure Second Report and Order (1), we have contacted the Indian Tribes or NHOs identified in the attached Table for the projects listed in the attached Table. You referred these projects to us between 08/03/2023 and 08/10/2023. Our contact with these Tribal Nations or NHOs was sent on 08/10/2023. Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or Commission staff do not receive a statement of interest regarding a particular project from any Tribe or NHO within 15 calendar days of 08/10/2023, your obligations under Section IV of the NPA with respect to these Tribal Nations or NHOs are complete. If a Tribal Nation or NHO responds that it has concerns about a historic property of traditional religious and cultural significance that may be affected by the proposed construction within the 15 calendar day period, the Applicant must involve it in the review as set forth in the NPA, and may not begin construction until the process set forth in the NPA is completed. You are reminded that Section IX of the NPA imposes independent obligations on an Applicant when a previously unidentified site that may be a historic property, including an archeological property, is discovered during construction or after the completion of review. In such instances, the Applicant must cease construction and promptly notify, among others, any potentially affected Tribal Nation or NHO. A Tribal Nation's or NHO's failure to express interest in participating in pre-construction review of an undertaking does not necessarily mean it is not interested in archeological properties or human remains that may inadvertently be discovered during construction. Hence, an Applicant is still required to notify any potentially affected Tribal Nation or NHO of any such finds pursuant to Section IX or other applicable law. Sincerely, Jill Springer Federal Preservation Officer Federal Communications Commission jill.springer@fcc.gov _______________________________________ Page 636 of 5415 2 1) See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Deployment, Second Report and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second Report and Order). 2) See id. at paras. 111-112. LIST OF PROPOSED COMMUNICATIONS TOWERS TCNS# 268653 Referred Date: 08/09/2023 Location: 40808 Tamiami Trail East, Ochopee, FL Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Tribe Name: Seminole Tribe of Florida Tribe Name: Thlopthlocco Tribal Town LEGEND: * - Notification numbers are assigned by the Commission staff for sites where initial contact was not made through TCNS. Page 637 of 5415 WILDERNESS, WILDLIFE, FEMA, AND NWI MAPS Page 638 of 5415 Wilderness Map County of Collier, Esri, HERE, Garmin, iPC, State of Florida, Maxar, Microsoft 6/13/2023, 9:28:36 AM 0 0.03 0.060.01 mi 0 0.06 0.110.03 km 1:2,257 Web AppBuilder for ArcGIS State of Florida, Maxar, Microsoft | County of Collier, Esri, HERE, Garmin, iPC |Page 639 of 5415 Exploring Big Cypress / Explorando el Gran CiprésThe Preserve is open all year and both visitor centers are open daily, except December 25. December through April, rangers lead programs that give you insights into the Preserve’s many stories. Choices include guided swamp walks, canoe tours, talks, and amphi-theater programs. Many recreation options await you: birding, wildflower viewing, bicycling, canoeing, hunting and off-road vehicle explorations. Stop at a visitor center for schedules, maps, guides, and other publications and to watch a 20-minute orientation film. Be sure to ask about our Junior Ranger Program, too.Whether in summer’s wet season or winter’s dry season, you can explore this mysterious Big Cypress. Swamp walks will take you to the heart of this area’s fascinating world of air-plants that live on trees, fabulous orchids, and saw palmetto plants. Walking and hiking trails give you options for a short venture or a longer adventure. Some places you might explore waist-deep in the wet season are bone dry in the dry season. Play It Safe, Plan Ahead, and Be Pre-pared The Preserve is remote. In many areas cell phones do not work. There is no gas or food service in the Preserve. Services are found in nearby areas, including our gateway community of Everglades City. Wildlife lives in the Preserve—we are the visitors. For your welfare and theirs, enjoy animals at a distance. Do not feed or harm them. You are responsible for knowing fire-arm regulations: Visit our website or ask a park ranger for details. Weather can be harsh and unpredict-able at any time. Bring and drink lots of water. Wear a hat, sunglasses, and sunscreen. Always tell others where you are going and when you plan to return. Wildfires occur any time of the year: Never discard burning materials or leave campfires unattended.In emergencies contact 1-800-788-0511More InformationBig Cypress Swamp Welcome Center33000 Tamiami Trail EastOchopee, FL 34141239-695-4758Oasis Visitor Center52105 Tamiami Trail East Ochopee, FL 34141239-695-1201www.nps.gov/bicyBig Cypress National Preserve is one of over 390 parks in the National Park System. To learn more about national parks visit www.nps.gov.La Reserva está abierta todo el año y ambos centros de visitantes están abier-tos diariamente, a excepción del 25 de diciembre. Entre diciembre y abril, los guardaparques dirigen programas que le proporcionan conocimientos sobre las muchas historias de la Reserva. Las opciones incluyen caminatas guiadas por el pantano, paseos en canoa, pláti-cas interpretativas y programas en el anfiteatro. Muchas opciones recreativas lo esperan: avistamiento de aves, obser-vación de flores silvestres, ciclismo, canotaje, cacería y exploraciones en ve-hículos todo terreno. Visite un centro de visitantes para obtener horarios, mapas, guías y otras publicaciones, y para ver una película de orientación de 20 minutos. No deje de preguntar por nuestro Programa para Guardaparques Juveniles.Ya sea en la temporada húmeda de ve-rano o en la temporada seca de invier-no, usted puede explorar el misterioso Gran Ciprés. Las caminatas por el pan-tano lo llevarán al corazón del mundo fascinante de plantas aéreas que viven en los árboles, orquídeas fabulosas y pal-mas enanas americanas (Serenoa repens) de esta área. Los senderos para camina-tas y excursiones le ofrecen opciones para una caminata corta o una aventura larga. Durante la temporada húmeda podrá explorar algunos lugares en que el agua le llega hasta la cintura, mismos que durante la temporada de sequía es-tán totalmente secos.Tome Precauciones, Planifique con Anticipación y Esté Preparado La reser-va es remota. En muchas áreas los telé-fonos celulares no funcionan. No hay gasolineras ni servicios de comida en la Reserva. Los servicios se encuentran en áreas cercanas, incluyendo nuestra co-munidad de entrada, la ciudad de Ever-glades. La vida silvestre vive en la Reser-va—nosotros somos los visitantes. Por su bienestar y la de ellos, disfrute a los ani-males de lejos. No los alimente ni los las-time. Usted es responsable de conocer los reglamentos de armas de fuego: vis-ite nuestro sitio web o pregunte a un guardaparque acerca de los detalles.El clima puede ser severo e impre-decible en cualquier momento. Traiga y beba mucha agua. Porte sombrero, len-tes oscuros y protector solar. Siempre avise a otras personas a donde va y cu-ando piensa regresar. Los incendios forestales suceden en cualquier época del año: nunca deseche materiales en llamas ni deje fogatas desatendidas.Para mayor informaciónBig Cypress Swamp Welcome Center 33000 Tamiami Trail EastOchopee, FL 34141239-695-1201Oasis Centro de Visitantes52105 Tamiami Trail EastOchopee, FL 34141www.nps.gov/bicy239-695-4758Big Cypress National Preserve es unde más de 390 parques en el Sistema de Parques Nacionales. Para obtener más información sobre los parques naciona-les y programas nacionales de servicio del Parque de las comunidades de Esta-Bicycling in Bear Island.Ciclismo en Bear Island.Canoeing Turner River.Canotaje en el Río Turner.White Ibis in flight.Ibis Blanco Americano en vuelo.Ranger-led programs.Programas dirigidos por guardaparques.all photos nps Page 640 of 5415 Page 641 of 5415 Carnestown X601 Wetlands Map U.S. Fish and Wildlife Service, National Standards and Support Team,wetlands_team@fws.gov Wetlands_Alask a Estuarine an d Marin e D eepwa ter Estuarine an d Marin e Wetlan d Freshwater Emergent Wetland Freshwater Forested/Shrub We tla nd Freshwater Pond Lake Other Riverine June 13, 20 23 0 0.04 0.080.02 mi 0 0.065 0.130.0325 km 1:2,480 This page was produced by the NWI mapperNational Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Page 642 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 6 5.0 FEDERALLY LISTED SPECIES EcoWild conducted a desktop evaluation and subsequent field surveys for the Project to document the occurrence and relative abundance of those species listed as Threatened or Endangered by the USFWS under 50 CFR Part 17, designated or proposed critical habitats, and birds of conservation concern (BCC) identified by the USFWS FESFO as having potential to occur on or in the vicinity of the Project Site (Appendix A). In addition to the IPaC Official Species List obtained for the Project, EcoWild referenced available agency information including: • USFWS Environmental Conservation Online System (ECOS), List of Species by County; • Florida Natural Areas Inventory (FNAI), Tracking List by County; • Geographic Information Systems (GIS) data, including Proposed and Designated Critical Habitat (USFWS, Federal Register), Consultation Area boundaries (USFWS), and various species occurrence data (USFWS, FWC-FWRI); • Consultation Guidelines by Species (USFWS); • Survey Guidelines by Species (USFWS); • Cooperative Land Cover (CLC) data, Version 3.7 (FWC-FNAI 2023); • Land Use (FLUCFCS) data (SFWMD); and • Soils data (USDA-NRCS). Information obtained was then used to prepare a survey plan for the Project, with a focus on those species known or likely to occur in habitats found on the Project Site and in the immediate vicinity. Qualified biologists conducted a general pedestrian survey and habitat evaluation on the Project Site (and 250-foot buffer) on October 11, 2023 and October 28, 2023 to document occurrence by listed species. Surveys were performed in accordance with the general methodologies provided and developed by the Florida Fish and Wildlife Conservation Commission (FWC), USFWS, and FNAI. Biologists canvassed the Project Site for direct observations or signs (e.g., tracks, burrows, nests, scat, whitewash, sheds, and other various indicators) of potential occurrence by listed species. Any observations were noted on an aerial image of the Project Site and locations were recorded using a GPS. Representative habitat photos were obtained. A species-specific limited roost survey and acoustic survey for the FBB were also completed on the Project Site by EcoWild during October 11 - October 28, 2023 in accordance with methods found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a) and guidance provided by staff from the USFWS FESFO. Page 643 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 7 Results from these evaluation efforts are incorporated into the information provided by species below. Please note that for any listed species identified by agency resources but for which preferred, or potentially suitable, habitat is not present on the Project Site or vicinity including those species considered strictly marine or coastal and no downstream impacts are reasonably expected as a result of the action (i.e., green sea turtle [Chelonia mydas], loggerhead sea turtle [Caretta caretta], and Gulf sturgeon [Acipenser oxyrinchus desotoi]); species without regulatory requirements (i.e., American alligator [Alligator mississippiensis]); and federally listed species of insects and/or plants (i.e., Florida prairie clover [Dalea carthagenensis floridana]) with restricted ranges and/or habitat needs that do not overlap the Project Site, specific field surveys were not conducted, and these species are not discussed further in the BA. All other potentially occurring listed species are evaluated below. Effect determinations were applied as defined in the glossary (p. xv and xvi) of the Final ESA Section 7 Consultation Handbook (USFWS and NMFS 1998) as follows: • No effect - the appropriate conclusion when a proposed action will not affect a listed species or designated critical habitat. • May affect - the appropriate conclusion when a proposed action may pose any effects on listed species or designated critical habitat; must either initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect" listed species. • Not likely to adversely affect - the appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. • Likely to adversely affect - the appropriate finding if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not: discountable, insignificant, or beneficial. In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action "is likely to adversely affect" the listed species. If incidental take is anticipated to occur as a result of the proposed action, an "is likely to adversely affect" determination should be made and requires the initiation of formal consultation. Page 644 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 8 5.1 FLORIDA BONNETED BAT The FBB is listed by the USFWS as Endangered and is protected pursuant to the ESA. The FBB is known to roost in a variety of man-made structures and natural roosts, including shafts of palms and cavities excavated by woodpeckers. Important foraging areas include wetlands and open, fresh water sources such as ponds and streams where bats will also fly low to drink water (USFWS 2019a). FBB may travel considerable distances when foraging around a roost. Relatively little is known about the species, but recent studies are beginning to provide valuable information critical for management of the species. Habitat loss and modification and other natural and manmade factors appear to be the primary threats to the FBB. The Project Site is situated within the designated Consultation Area for the FBB and within proposed critical habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 4). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. Action Area To complete the analysis of potential impacts to FBB as a result of the Project, an action area was defined to include the Project Site and a 250-foot buffer. The 250-foot buffer accounts for any FBB roosts that may be located nearby and susceptible to disturbance. Impacts to FBB CH are evaluated by looking at the area associated with all units of CH proposed for the species within its range of occurrence. Occurrence A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS FESFO as described in Appendix D. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts that may occur near the proposed activity. Surveys were conducted Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey within the Project Site and 250-foot buffer, 3 potentially suitable roosting structures were recorded and inspected. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the 10 valid nights of acoustic survey. The majority of calls were classified by Kaleidoscope Pro (KPro) as Noise or as one of two common bat species: Mexican free tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz). Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some FBB activity on the Project Site. Page 645 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 9 Based on the number and type of FBB calls confirmed during the acoustic survey, it is determined that, while FBB are using the Project Site, data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. Determining the likelihood of FBB roosting is challenging. The USFWS (2019a) considers the following evidence indicative that roosting is likely nearby (i.e., reasonably certain to occur): • FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset, or within 1.5 hours before sunrise; • Emergence calls are recorded; • Human observers see or hear FBB flying to or from potential roosts; • Human observers see and identify FBB within a natural or artificial roost; or • Other bat sign (e.g., guano, staining, etc.) are found to be identified as FBB. Results from the combination roost search and acoustic survey do not indicate that FBB are roosting on the Project Site or in the immediate vicinity. The Project Site is located within proposed CH for the FBB as part of “Unit 6” which is associated in part with the surrounding Big Cypress National Park (87 FR 71466). CH is defined by the USFWS as specific habitat within the geographical area occupied by the species that contain those physical or biological features essential to the conservation of the species and which may require special management considerations or protections. Unit 6 is considered occupied by the FBB based on documented species presence. High quality roosting habitat and areas of high conservation value are found within the vast expanses of forested habitats in this region (87 FR 71466). Effects and Conservation Measures Results from the field surveys completed for the FBB (Appendix D) do not indicate that roosting is likely on the Project Site or in the immediate vicinity. Therefore, no roost disturbances or direct impacts to known FBB roosts are reasonably expected to occur as a result of the Project. No land clearing is proposed as part of the Project action; therefore, no potentially suitable roost trees or roosting habitat on the Project Site will be removed or lost as part of the action. Little to no scientific information or guidance was found regarding bat collisions specifically with self-supported communication towers. Data suggest that the collision risk for these types of projects is likely greater for avian species (see Section 6.1) and for which specific BMPs are designed. At this time, effects to the FBB as a result of the Project (i.e., additional structures being added to the landscape with lighting) may include avoidance of the Project Site by foraging FBB and missed feeding opportunities. It is difficult to quantify the extent of missed feeding opportunities by the FBB; however, considering the amount and quality of Page 646 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 10 available habitats to the FBB in the vicinity of the Project Site, these impacts are expected to be minor and are not reasonably expected to result in negative population level impacts. The location and placement of the tower was chosen by the Applicant because it is on County-owned land and was previously disturbed for human use. The habitat that will be converted for the Project consists of open, weedy vegetation. No wetlands will be impacted, and no native trees will be lost as a result of the Project. Because a communication tower is needed to provide public safety communications in this general area, it may be challenging to find an alternative location that would not affect the FBB. Moving the Project to another location in this general area could potentially result in loss of roosting habitat or habitat that supports a higher level of FBB activity (i.e., an area of higher importance for the species). Considering the distance that FBB may travel from a roost for foraging on any given night, and the extent of occupied habitat found in CH Unit 6, it is considered unlikely that an alternative location in this general area would result in no FBB detections found as part of an acoustic survey. Because only 3 FBB detections were found during the acoustic survey for the Project, no roosts were found or indicated as a result of the surveys, and considering the habitat type and quality within the Project Site and immediate vicinity, this location is considered to be the suitable location for the Project. Generally, in applying the Florida Bonneted Bat Consultation Key to a project that is less than 5 acres in size, when some FBB activity is recorded during an acoustic survey but data do not indicate “high activity” in accordance with USFWS definitions, it is determined that a project “may affect” but is “not likely to adversely affect” the species if/when standard BMPs can be implemented (USFWS 2019a). The USFWS identifies a set of BMPs for the FBB that can be implemented on development projects to provide a benefit to the species (USFWS 2019). However, it is not practicable to implement all necessary BMPs for the Project considering the activity type proposed, the location of the Project, and the overall Project size. For similar reasons, offsite restoration activities are also not a viable option for the Applicant. The Applicant has proposed the following conservation measures to benefit the FBB. Conservation measures are intended to minimize impacts to the species during construction and operation of the Project. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Install and use wildlife-friendly lighting on the tower compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 4. Design and construct the new equipment shelter in a way that discourages the FBB and other bat species from roosting in the structure (e.g., eliminating structural voids, seam roofing, screens on vents, no downspouts, or gutters, etc.); 5. Avoid or limit the application of insecticides at the Project Site; Page 647 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 11 6. Notify the USFWS FESFO of any identified or suspected FBB roosting activities on the Project Site within 48 hours of discovery; 7. Coordinate with the USFWS FESFO and/or the FWC if/when it comes time to decommission the Project to determine if any additional steps should be taken to ensure additional adverse impacts to FBB or other native bat species do not occur; and 8. Provide a voluntary, one-time contribution in the amount of $10,000.00 to the Florida Bat Fund administered by the Fish and Wildlife Foundation of Florida. There are 1,174,011 acres over 13 Florida counties included by USFWS in the proposed CH designation for the FBB. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties. The Project will convert a total of 0.12 acres for the tower compound. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and the entire extent of CH for the FBB. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the FBB. The majority of land surrounding the Project Site and those included in FBB CH Unit 6 are permanently protected as federal (533,179 acres) and state-owned (152,494 acres) conservation lands. Effect Determination The Project as proposed “may affect” but is “not likely to adversely affect” the FBB. Conservation measures are provided by the Applicant to minimize impacts to the FBB during construction and throughout operation to the extent practicable given the Project type and location. The proposed action is not reasonably expected to destroy or adversely modify proposed CH for the FBB. 5.2 FLORIDA PANTHER The Florida panther (Puma concolor coryi) is listed as Endangered by the USFWS and protected pursuant to the ESA. Panthers require expansive wilderness areas to meet their needs and depend upon habitat of sufficient quantity, quality, and spatial configuration for long-term persistence. The species historical range included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee. Today, the breeding population is primarily limited to areas of South Florida but breeding females have been dispersing north of the Caloosahatchee River in recent years. Primary threats include habitat loss/conversion and fragmentation, vehicular mortality, and disease. The Project Site is situated within the occupied Primary Zone of the designated Panther Focus Area (Figure 5, Figure 6). Lands within the Primary Zone are considered essential for the survival of the species in the wild. Critical Habitat has not been designated for the species. Page 648 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 12 Action Area To complete the analysis of potential impacts to the Florida panther as a result of the Project, an action area was defined to include the Project Site and a 2-mile buffer in accordance with guidance found in the Panther Effect Determination Key (USFWS 2007b). Occurrence No Florida panthers or evidence of the species (e.g., scat, tracks) were observed during the field surveys of the Project Site. A review of telemetry data confirms panther occurrence in the immediate vicinity and in Big Cypress National Park (Figure 5) (FWC-FWRI 2023b). Mortality data confirms deaths by vehicle along Tamiami Trail East in the vicinity of the Project (Figure 6) (FWC-FWRI 2023a). Effects and Conservation Measures Florida panthers occur in the area of the Project Site. The habitat found on the Project Site and the immediate area adjacent to the Project Site do not provide optimal panther denning habitat (i.e., old growth palmetto) but may provide some open space and edge effects for hunting and ambushing prey. The forested cypress and shrub/brush swamp areas found adjacent to the Project Site may be utilized as corridors for movement and for cover. The fencing proposed around the tower compound is necessary for security purposes and will exclude panthers from the Project. Lighting used on the tower compound may result in avoidance of the Project Site by panthers. No removal or loss of native habitats, including wetlands or mature tree cover will occur as part of the Project action. In accordance with the Panther Effect Determination Key, individual projects that are less than 1-acre in size are not expected to have a measurable effect on panthers (USFWS 2007b). Panthers are a wide-ranging species, and individually, a less than 1-acre habitat change is not likely to adversely affect panthers or reasonably expected to result in negative population level impacts. Vehicular mortality is a significant threat to the species. Only minor traffic increases will occur during construction of the Project but will occur during the daytime hours. No long-term changes to the existing traffic patterns or intensity are reasonably expected as a result of operation of the Project. Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the Florida panther. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 4. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; Page 649 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 13 5. Provide educational training for contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that will affect the Florida panther. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Considering the above information, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the Florida panther. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.3 CRESTED CARACARA The crested caracara (caracara) (Caracara plancus) is listed by the USFWS as Threatened and protected pursuant to the ESA. In Florida, the listed population of caracara occurs from Orlando south to the Everglades. Primary habitat includes open pasturelands with short herbaceous vegetation and seasonal wetlands that are used for foraging. Suitable habitats include native wet and dry prairies, improved, unimproved, and woodland pastures, sod farms, row crops, levees, and rangeland. Juvenile caracaras may use citrus and tree farms. Primary nesting substrate is cabbage palms, although there have been reports of caracara nesting in pines and hardwoods and atypical locations such as human-engineered structures (USFWS 2016). The main threat to the species remains habitat loss for conversion to development and agriculture. The Project Site intersects the designated Consultation Area for the species and contains minimal open foraging habitat (Figure 7). A cluster of mature cabbage palms is present. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the caracara as a result of the Project, an action area was defined to include the Project Site and 1,500-meter buffer in accordance with guidance found in the Species Conservation Guidelines South Florida (USFWS 2004b). The 1,500-meter buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No caracara were observed during the field surveys of the Project Site and vicinity. Mature cabbage palms on the Project Site were inspected by experienced biologists for any evidence Page 650 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 14 of use by the species. No nests or nest material, food material, or whitewash were observed in the trees and on the surrounding ground. A review of caracara sightings in eBird show 3 records within 1,500-meters of the Project Site along Tamiami Trail East; in March of 2017, one caracara was reported at the nearby Trail Lakes Campground, and once caracara was reported near the Turner River Canoe Launch both in December of 2019 and January of 2022 (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project Site provides minimal open habitat to support foraging by the caracara. The habitat in the vicinity of the Project is heavily forested and not considered suitable for the species (USFWS 2004b). Occasional occurrence by the caracara in the vicinity and foraging along Tamiami Trail East are likely. There are no data to suggest caracara nesting occurs on site or in the vicinity. Construction is expected to commence in June of 2024 and last for approximately 3-5 months. Therefore, activities associated with construction of the Project will not occur during the typical breeding season for the species (i.e., primary nesting season is between November and April). Nest disturbance is not reasonably expected to occur. Further, no land clearing activities will occur as part of the Project and no mature cabbage palms onsite will be removed or lost. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any caracara nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the caracara. The majority of land surrounding the Page 651 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 15 Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of caracara or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of breeding caracara within the Project Site or vicinity but considering the caracara may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the caracara, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.4 EASTERN BLACK RAIL The eastern black rail (rail) (Laterallus jamaicensis jamaicensis) is listed as Threatened by the USFWS and protected pursuant to the ESA. The rail is subspecies of small, cryptic wetland-dependent marsh bird that occurs in salt, brackish, and freshwater wetlands in the eastern U.S. (east of the Rocky Mountains), Mexico, Brazil, Central America, and the Caribbean. Habitat associations vary by location and can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. In Florida Gulf Coast marshes, habitat occupied by rails is comprised of black needle rush and limited elevational bands supporting cordgrass and possibly saltbush inland and adjacent to these marshes. Rail nests are typically well hidden in a dense clump of vegetation over moist soil or shallow water. Geographically isolated freshwater emergent wetlands have been associated with supporting rails. Threats to the species include habitat fragmentation, alteration, and conversion; altered hydrology; land management; climate change; oil and chemical spills, as well as environmental contaminants; disease; altered food webs and predation; and human disturbance (USFWS 2019b). No optimal nesting or foraging habitat is present on the Project Site. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the rail as a result of the Project, an action area was defined to include the Project Site and 250-foot buffer, surveyed as part of the effort for the FBB. Occurrence No rails were seen or heard during field surveys of the Project Site and vicinity, and no suitable foraging and nesting habitats were observed. Water depths in the adjacent forested and shrub/brush swamps were greater than 3 centimeters at the time of survey and grasslands on the site were dry (USFWS 2019b). Dense emergent vegetation and shallow water depths and flooded grasslands are required to support the rail resource needs. Page 652 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 16 Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the rail. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of rails and their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of rails or suitable habitat within the Project Site and immediate vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.5 SNAIL KITE The snail kite (Rostrhamus sociabilis) is listed as Endangered by the USFWS and protected pursuant to the ESA. The snail kite once occupied a large range in Florida but is now restricted to portions of central and south Florida. Snail kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems or in lake littoral zones with emergent vegetation, where apple snails are found and kites can see their prey. Snail kites nest in a variety of vegetation types including both woody species such as willows, cypress, pond apple, and melaleuca, as well as cattails (USFWS 2006). Primary threats include the loss and degradation of wetlands and water quality in south and central Florida. The Project Site intersects the Consultation Area for the species, but no preferred nesting or foraging habitat is present on the Project Site (Figure 8). Critical Habitat has been designated but is not intersected by the Project. Action Area To complete the analysis of potential impacts to the snail kite as a result of the Project, an action area was defined to include the Project Site and 500-foot buffer in accordance with guidance found in the Snail Kite Survey Guidance (USFWS n.d.). The 500-foot buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No snail kites or nests were observed during the field surveys of the Project Site and vicinity. A review of snail kite sightings in eBird show no records within 500-feet of the Project Site. The closest records are near Trail Lakes Campground in March of 2017 and April of 1984. There are also observations near the Turner River and Canoe Lauch (December and February, 2019) (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project is situated within previously disturbed uplands and will not directly impact snail kite habitat. Occasional snail kite occurrence along Tamiami Trail East and adjacent wetland forests habitats is possible. However, there are no data to suggest snail kite nesting occurs Page 653 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 17 on site and habitat within the vicinity is not conducive to kite foraging. Construction is expected to commence during June of 2024 and last for approximately 3-5 months. Peak nesting season is between the months of February and July. Disturbance of kite nest sites is not likely to occur. Critical habitat has been designated for the snail kite but is not intersected by the Project. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any snail kite nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the snail kite. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of snail kites or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of snail kites within the Project Site and vicinity but considering the species may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. Critical habitat is not intersected by the Project; therefore, none will be impacted. Page 654 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 18 5.6 RED-COCKADED WOODPECKER The red-cockaded woodpecker (RCW) (Dryobates borealis) is listed as Threatened by the USFWS and protected pursuant to the ESA. Historically, the RCW occurred in mature pine forests throughout the southeastern coastal plain and piedmont, including all 67 Florida counties. The current distribution is highly fragmented and characterized by a majority of relatively small, isolated populations in remaining suitable forests, primarily located on public lands (USFWS 2003). The primary threat to the RCW continues to be destruction or degradation of habitat in association with timbering operations and other land clearing operations and, more recently, the loss of habitat as a result of fire suppression and exclusion. The Project Site intersects the Consultation Area for the species, but no suitable nesting or foraging habitat is present. Critical Habitat has not been designated for the RCW. Action Area To complete the analysis of potential impacts to the RCW as a result of the Project, an action area was defined to include the Project Site and 0.5-mile buffer in accordance with guidance found in the Red-cockaded Woodpecker South Florida Survey Protocol (USFWS 2003). The 0.5-mile buffer accounts for any nesting territories that may overlap the Project Site. Occurrence Suitable foraging habitats in south Florida consist of a pine or pine/hardwood stand of forest, woodland, or savannah in which 50 percent or more of the dominant trees are pines and the dominant pine trees are generally 60 years in age or older. Suitable nesting habitat consists of pine, pine/hardwood, and hardwood/pine stands that contain pines 60 years in age or older and that are within 0.5 miles of suitable foraging habitat (USFWS 2003). No RCW, RCW cavities, or suitable foraging and nesting habitats were observed during the field surveys of the Project Site and vicinity. Field surveys were designed specifically to evaluate the area for presence of mature native tree species and to search these trees for cavities. One pileated woodpecker was observed in association with a dead maple tree in the 250-foot buffer of the Project Site covered as part of the FBB survey. Other avian species observed on the Project Site include northern mockingbird and black vulture. Nearly all RCW populations are known and managed. A review of RCW occurrence data shows no records within 0.5-miles of the Project Site (FWC-FWRI 2005). The closest RCW records are located starting approximately 5.3 miles to the northeast of the Project Site associated with vast areas of the Big Cypress Wildlife Management Area (WMA) (Figure 9). Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the RCW. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 655 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 19 Effect Determination Incidental take of RCW or their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of RCW or habitat within the Project Site and vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.7 EASTERN INDIGO SNAKE The eastern indigo snake (EIS) (Drymarchon couperi) is listed by the USFWS as Threatened and protected pursuant to the ESA. Historically, the EIS occurred throughout Florida and in the coastal plain of Georgia, Alabama, and Mississippi (Krysko et al. 2019). Today, the only remaining viable populations occur in southern Georgia and Florida where the snake uses a wide variety of natural and altered habitats, including scrub, pine flatwoods, dry prairie, pine rocklands, tropical hardwood hammocks, edges of freshwater marshes, mangrove swamps, coastal dunes, pine plantation, farmlands, agricultural lands, canal banks in sugarcane fields, and citrus groves (Krysko et al. 2019). The EIS maintains a large home range and travels seasonally between wetland and upland habitats. Habitat loss and fragmentation remain the greatest threat to the species (Krysko et al. 2019). Potentially suitable habitats are found on the Project Site and on the large tracts of adjacent undeveloped conservation lands in the vicinity. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the EIS as a result of the Project, an action area was defined to include the Project Site and 1-mile buffer to account for the diameter of a male EIS home range for EIS occurrence that may overlap the Project Site. Occurrence No EIS or evidence of the species (e.g., sheds) were observed during the field surveys of the Project Site. Pieces of an invasive Burmese python (Python molurus bivittatus) shed were identified and collected in the open area of the Project Site. This observation was reported via the “IveGot1” app (Version 5.6.1) and during a phone call with the USFWS FESFO. A review of sightings for Burmese pythons in the app show numerous observations along Tamiami Trail East in the vicinity of the Project Site. A review of EIS occurrence data show no records within 1-mile of the Project Site (Figure 10) (FWC-FWRI 2008). The closet records are located approximately 5.2 miles to the north/northwest (2005) and 13.6 miles to the northeast (1980). FWC was contacted by EcoWild via email on August 8, 2023 to confirm if additional (or more recent) sightings were known from Collier County (Krysko et. al. 2019). Specific locations were not shared but general locations were provided and confirm 13 known records for Collier County between 2005 and 2011 (Enge, personal communication 2023). About half of the records came from Page 656 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 20 Rookery Bay and most of the remainder from the CREW Wildlife and Environmental Area (WEA). There is 1 record each from Big Cypress and Fakahatchee Strand. The lack of practical methods to survey for the EIS, in conjunction with its wide-ranging activity, usage of a variety of habitat types, and a lack of available information on density, makes it difficult to estimate the approximate number of EIS (if any) that occur within the Project Site and the vicinity. Effects and Conservation Measures EIS are known to occur in the region. Although EIS are known to use some disturbed areas, there is considered to be a low probability of occurrence for the Project as the Project Site has no known holes, gopher tortoise burrows, or other refugia where a snake could be buried, trapped, or injured during Project activities. There is very little cover for protection from predators. No EIS or signs of the species (i.e., sheds) were observed within the Project Site during field surveys. Further, there will be no loss of native habitats, including wetlands or native tree cover as part of the Project. According to the USFWS Consultation Key for the Eastern Indigo Snake for South Florida (Revised 2017) individual projects that will impact less than 25 acres of potential EIS habitat, provide no refugia sites, and are conditioned to follow the standard BMPs for EIS to limit injury and mortality will not have a measurable effect on the species (USFWS 2017). Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the EIS. Specifically, the Applicant will: 1. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 2. Implement the USFWS Standard Protection Measures for the Eastern Indigo Snake (USFWS 2022c). At least 30 days prior to any clearing/land alteration activities, the Applicant will notify the USFWS FESFO via e-mail and confirm use of the protection including use of informational materials (i.e., posters and pamphlets) and contractor training. The plan will include instructions for identifying EIS and what to do in the case live or dead EIS are confirmed on the Project Site. As long as the plan is followed as directed, no further approval from USFWS is needed, and the Applicant will move forward with the Project. A final report will be sent to USFWS within 60 days of Project completion; 3. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery; and 4. Immediately report any invasive Burmese python sightings within the Project Site so that agency response can be initiated to treat (i.e., remove) the species from the wild. Cumulative Impacts At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect EIS. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 657 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 21 Effect Determination Incidental take of EIS is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of EIS within the Project Site and vicinity but considering the snake may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the EIS, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. Page 658 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 22 6.0 MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703–711) is the federal statute that protects nearly all native birds, their eggs, and nests. The statute makes it unlawful "to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations." The USFWS concludes that the take of migratory birds resulting from an otherwise lawful activity (i.e., incidental take) is prohibited. There are currently no permits available that authorize incidental take of migratory birds under the MBTA. Bald eagles are further afforded protection under the federal Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668) which provides for the protection “by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. ‘Take’ includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” Incidental take and nest take are prohibited without a federal permit issued by the USFWS Regional Migratory Bird Program. Executive Order (EO) 13186 (66 Federal Register 3853) (2001) directs federal agencies to evaluate effects to migratory birds as a result of their actions and implement measures to promote conservation of the resource. The EO states that an emphasis should be placed on species of concern, priority habitats, and risk factors while addressing population-level impacts. Migratory birds are species that nest in the U.S. and Canada during the summer, and migrate south to the tropical regions of Mexico, Central and South America, and the Caribbean for the non-breeding season. All migratory bird species in the vicinity of the Project are protected under the MBTA; however, in accordance with EO13186, the geographic and environmental scope of analysis on direct and indirect impacts focuses on Birds of Conservation Concern (BCC) within the vicinity of the Project Site and Audubon-designated Important Bird Areas (IBAs). BCC species are considered priority species for conservation action and may include resident species. IBAs are designated areas that provide essential habitats for breeding, wintering, or migrating birds. 6.1 BIRDS OF CONSERVATION CONCERN According to a review of the USFWS Official Species List, 10 BCC species occur within the general region of the Project Site (Appendix A) (USFWS 2021a). These species may occur or breed within the Project Site or the vicinity during some portion of the year (Appendix A). Desktop evaluation shows that the Project Site is situated within a Global Important Bird Area (IBA) associated with the Big Cypress Swamp Watershed (Audubon n.d.). Page 659 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 23 During construction, birds are expected to avoid or leave the Project Site, if present, and retreat into surrounding habitats in the vicinity which may be of higher quality depending on individual habitat needs. Nesting habitats for BCC species that breed in the region in Florida are considered very limited within the Project Site. Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. Nest abandonment and disturbance to BCC nests is not reasonably expected to occur as most of the BCC species identified in the Official Species List do not have a breeding season that overlaps with the anticipated construction schedule, or else no suitable breeding habitat is available in the Project Site. Further, no native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Project activities will not result in direct intentional taking of migratory birds or their eggs. The only avian species identified during field surveys include the pileated woodpecker, northern mockingbird, and black vulture. None of these species are identified as BCC. Communication towers are some of the tallest structures found across the landscape. It is not definitively understood why bird mortality may occur at these locations, but evidence suggests that night-migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast, foggy, or other low visibility conditions (USFWS 2021b). Birds aggregate in larger numbers at towers with non-flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they disperse during the “off” phase. Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas (USFWS 2021b). USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable as part of the Project action to benefit bird resources in the area. This includes, but is not limited to, siting the tower in a location with lower quality avian habitats, the use of wildlife friendly lighting on the compound and associated components, a reduction in artificial lighting to the extent practicable, avoidance of insecticide uses within the Project site, and use of only those lighting and markings on the tower that are required in accordance with FAA regulations. Pre-clearing surveys will determine if any BCC species are present or actively nesting within the Project Site in order to provide assurances that direct take of migratory birds, their nests, or young will not occur. Incidental take permits are currently not authorized by the USFWS for migratory birds; therefore, the Applicant is not requesting authorization at this time or providing mitigation as part of the action. Population level impacts to BCC species within the region are not expected to be significant. Appropriate conservation measures and BMPs will be implemented to the extent practicable to benefit bird resources in the vicinity of the Project. Page 660 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 24 6.2 BALD EAGLE One of the 10 BCC species identified as occurring within the vicinity of the Project by IPaC is the bald eagle (Haliaeetus leucocephalus) (Appendix A). The bald eagle may occur or breed in the vicinity of the Project Site during a portion of the year. Desktop evaluation shows two known bald eagle nesting territories occur within 5 miles of the Project Site including CO012 (2.7 miles to the southeast, last recorded in a pine tree) and CO044 (3.7 miles to the west, last recorded in a cypress tree) (Figure 11) (Audubon 2023). No bald eagle nests are known within 660 feet of the Project, which is the largest management zone where nest disturbance is considered possible as a result of an activity (USFWS 2007a). Field surveys for the Project occurred during the early portion of the breeding season for the bald eagle in October of 2023. No bald eagles were seen or heard during the surveys, and no bald eagle nests were located on the Project Site or vicinity. Suitable nesting habitat for the bald eagle is present in the vicinity of the Project Site (e.g., occasional mature pine and dense cypress trees). Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. No native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Construction will commence in June of 2024 and is expected to last for a duration of 3-5 months. Bald eagle nesting season is generally from October to May in the southeast region. At this time, disturbance of bald eagles, their nests, and young is not reasonably certain to occur. If at any time bald eagles are observed nesting on the Project Site, the Applicant will coordinate with the USFWS Migratory Bird Program. Communication towers are some of the tallest structures found across the landscape. Bald eagles have adapted to utilizing these manmade structures for nesting and for perching. The USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable to benefit bird resources in the Project area. If any birds, including bald eagles, are nesting on the tower and maintenance activities are required, the Applicant will contact the USFWS for permits, recommendations, and requirements. The Applicant will schedule construction and maintenance activities around the nesting and activity schedule of protected birds including the bald eagle to the extent practicable. The Applicant may consider installation of a bird nest exclusion device on the tower if occurrence by nesting birds creates a safety hazard or operational conflict. Page 661 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 25 7.0 SUMMARY Desktop review and field surveys were completed for the Project in accordance with agency protocols and as otherwise discussed in coordination with the USFWS FESFO. As a result of these efforts, federally listed species were identified on or near the Project. The Applicant has proposed appropriate conservation measures to avoid and/or minimize incidental take of listed species to the extent practicable and has provided within this report an analysis of direct, indirect, and cumulative impacts and justification for the appropriate effect determinations in accordance with ESA obligations (Table 7.0-1). Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Scientific Name Common Name Effect Determination Eumops floridanus Florida Bonneted Bat May affect, not likely to adversely affect. Puma concolor coryi Florida Panther May affect, not likely to adversely affect. Caracara plancus Crested Caracara May affect, not likely to adversely affect. Laterallus jamaicensis Eastern Black Rail No effect. Rostrhamus sociabilis Snail Kite May affect, not likely to adversely affect. Dryobates borealis Red-cockaded Woodpecker No effect. Drymarchon couperi Eastern Indigo Snake May affect, not likely to adversely affect. The Project overlaps proposed CH Unit 6 for the FBB. In total, there are 1,174,011 acres in 13 Florida counties included in the proposed CH designation by USFWS. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties that is considered to be occupied by the species. The Project will convert a total of 0.12 acres of disturbed grassland for the tower compound which does not provide critical habitat features for the FBB. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and in the entire extent of CH for the FBB within its range. For this reason, FBB CH will not reasonably be destroyed or adversely modified as a result of the Project. No other CH designations overlap the Project Site. The Applicant will implement BMPs to benefit migratory birds and bald eagles in the Project area to the extent practicable using the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021) (Appendix E). Population level impacts to BCC species within the region are not expected to be significant. No bald eagles are known to nest within 660 feet of the Project Site and Project activities will occur primarily during the non-breeding season for the species; therefore, disturbance to bald eagles, their nests, or young is not reasonably expected to occur and further coordination with the USFWS Migratory Bird Program regarding BGEPA compliance is not warranted at this time. Page 662 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 26 8.0 REFERENCES Audubon. 2023. Audubon Florida. Eagle Watch Nest Locator Map. Accessed December 2023. https://cbop.audubon.org/conservation/about-eaglewatch-program?_gl=1*1hztqld*_ga*MTIzMjMyMjE5Ny4xNjc4MTM4NDAy*_ga_X2XNL2MWTT*MTcwMjkxNDYyNC40OC4xLjE3MDI5MTQ4NjUuMjAuMC4w Audubon. n.d. Important Bird Areas. Public Mapping Tool. Accessed December 2023. https://www.audubon.org/important-bird-areas Avian Knowledge Network. 2023. Beneficial Practices. Available online: https://avianknowledge.net/index.php/beneficial-practices/ Bat Conservation International. 2023. Bats in Homes and Buildings. Web page. https://www.batcon.org/about-bats/bats-in-homes-buildings/ Collier County. 2023. Property Appraiser. GIS Maps. https://www.collierappraiser.com/ Cornell Lab of Ornithology. 2023. eBird. Maps. Explore by Species. Accessed December 2023. https://ebird.org/map Eddleman, W. R., R. E. Flores, and M. Legare (2020). Black Rail (Laterallus jamaicensis), version 1.0. In Birds of the World (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bow.blkrai.01 Enge, Kevin. Personal Communication. Email. August 8, 2023. Federal Register. 2022a. Volume 87. Number 224. November 22, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Endangered Florida Bonneted Bat. Revised Proposed Rule. 71466-71501. Federal Register. 2022b. Volume 87. Number 198. October 14, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover). Proposed Rule. 62564-62611. Federal Register. 2020. Volume 85. Number 196. October 8, 2020. Endangered and Threatened Wildlife and Plants; Threatened Species Status for Eastern Black Rail With a Section 4(d) Rule. Final Rule. 63764-63803. Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2023. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ Page 663 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 27 FWC-FWRI. 2023a. Florida Panther Mortality. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-mortality/explore?location=25.884257%2C-81.270882%2C14.83 FWC-FWRI. 2023a. Florida Panther Telemetry. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-telemetry/explore FWC-FWRI. 2008. Eastern Indigo Snake locations. GIS data. FWC-FWRI. 2005. Red Cockaded Woodpecker Locations. GIS data. Krysko, K.L., K.M. Enge, and P.E. Moler. 2019. Amphibians and Reptiles of Florida. University of Florida Press. Gainesville, Florida. Morrison, J. L. and J. F. Dwyer. 2023. Crested Caracara (Caracara plancus), version 1.1. In Birds of the World (N. D. Sly, Editor). Cornell Lab of Ornithology, Ithaca, New York. https://doi.org/10.2173/bow.y00678.01.1 USDA-NRCS. 2023. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx U.S. Fish and Wildlife Service (USFWS). 2023a. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2023b. Critical Habitat for Threatened and Endangered Species. Web Mapping Tool. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77 USFWS. 2022a. Environmental Conservation Online System (ECOS). Accessed November 2023. https://ecos.fws.gov/ecp/ USFWS. 2022b. Four Everglades Plants Proposed Critical Habitat. Frequently Asked Questions. Web Page. https://www.fws.gov/story/2022-10/faq-proposed-critical-habitat-4-everglades-plants USFWS. 2022c. Standard Protection Measures for the Eastern Indigo Snake. https://www.fws.gov/story/eastern-indigo-snake-conservation USFWS. 2021a. Birds of Conservation Concern 2021. Migratory Bird Program. Available online: https://www.fws.gov/sites/default/files/documents/birds-of-conservation-concern-2021.pdf USFWS. 2021b. Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning. Migratory Bird Program. Page 664 of 5415 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 28 Falls Church, Virginia. USFWS. 2019a. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. USFWS. 2019b. Species Status Assessment Report for the Eastern Black Rail (Laterallus jamaicensis jamaicensis). Version 1.3. Southeast Region. Atlanta, Georgia. USFWS. 2017. Consultation Key for the Eastern Indigo Snake – Revised. Letter to the U.S. Army Corps of Engineers. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2007a. National Bald Eagle Management Guidelines. Available online: https://www.fws.gov/media/national-bald-eagle-management-guidelines USFWS. 2007b. Panther Effect Determination Key. Letter to the U.S. Army Corps of Engineers dated February 19, 2007. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2004a. Species Conservation Guidelines South Florida. Red-cockaded Woodpecker. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2004b. Species Conservation Guidelines South Florida. Audubon’s Crested Caracara. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2003. Red-cockaded Woodpecker South Florida Survey Protocol. Adapted from Service 2003. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. n.d. Snail Kite Survey Guidelines. Florida Ecological Services Field Office. Gainesville, Florida. USFWS-NMFS. 1998. Endangered Species Consultation Handbook. Available online: https://media.fisheries.noaa.gov/dam-migration/esa_section7_handbook_1998_opr5.pdf Page 665 of 5415 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting January 9, 2025 Michael Sawyer Project Manager II Transportation Management Services Department 2685 S Horseshoe Drive Naples, FL 34104 Re: PL20230011384 TIS Waiver Request Dear Mr. Sawyer: This letter is a formal request for a no impact TIS Waiver per the pre application meeting notes for PL20230011384. The proposed emergency communications tower at 40808 Tamiami Trail E is not anticipated to generate greater than +/- 6 trips per month for maintenance purposes, thus having minimal to no impact on Tamiami Trail. Should you have any questions or require additional information please contact me directly at 239.434.6060 or via email: jeff@davidsonengineering.com Sincerely, Jeff Davidson, P.E. President Page 666 of 5415 Historic Preservation/Forms/rev. 06/05/08 1 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: _______________ PLANNER: Laura DeJohn PETITION NUMBER ASSOCIATED WITH THE WAIVER: PL20230011384 (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: EMS Communication Tower Ochopee (CU) LOCATION: (Common Description) 40808 Tamiami Trail E ________________________________________________________________________ ________________________________________________________________________ SUMMARY OF WAIVER REQUEST: Request for a waiver requirement for a historical and archaeological survey due to the site’s existing conditions. Currently Ochopee Fire Control District Station 66 is built and operational on the site, and the proposed area of impact for the communication tower for 911 emergency service is already cleared and disturbed land. The proposed tower is an essential service, and the current tower servicing this area located at Carnestown is being forced to relocate by the State of Florida. The selected site at Fire Station 66 is the most ideal site for the relocation of this essential service, and the most disturbed portion of the site has been selected for the tower. ________________________________________________________________________ (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the Page 667 of 5415 Historic Preservation/Forms/rev. 06/05/08 2 requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Page 668 of 5415 Historic Preservation/Forms/rev. 06/05/08 3 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A.Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Collier County Emergency Management Mailing Address: 8075 Lely Cultural Parkway ___________________________________________________________________ Phone: 239-252-3615 ___________________________ FAX: E-Mail: steven.hall@colliercountyFL.com B.Name of agent(s) for applicant, if any: Jeff Davidson, P.E. - Davidson Engineering, Inc. Mailing Address: 4365 Radio Road, Naples, FL 34104 ___________________________________________________________________ Phone: 239-434-6060 FAX: ____________________ E-Mail: Jeff@DavidsonEngineering.com C.Name of owner(s) of property: Collier County Board of Commissioners ___________________________________________________________________ Mailing Address: _____________________________________________________ ___________________________________________________________________ Phone: ( ) _____________________________ FAX: ___________________ E-Mail: _____________________________________________________________ Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. Page 669 of 5415 Historic Preservation/Forms/rev. 06/05/08 4 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk’s Office at the original scale) with subject property clearly marked.) A.Legal description of subject property. Answer only 1 or 2, as applicable. 1.Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: __________________________________________________ Plat Book ________ Page ________ Unit _______ Block _______ Lot ________ Section __________ Township __________ Range __________ 2.If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. 35 52 30 E1/2 OF W1/2 OF W1/2 OF E1/2 OF E1/2, LYG S OF US 41 5.34 AC OR 677 PG 986 B.Property dimensions: Area: __________________ square feet, or 5.34 acres Width along roadway: 135’ Depth: ____________________________________________________________ C.Present use of property: Ochopee Fire District Station 66 __________________________________________________________________ D.Present zoning classification: Conservation (CON) Page 670 of 5415 Historic Preservation/Forms/rev. 06/05/08 5 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an are a has been excavated. A.Waiver Request Justification. 1.Interpretation of Aerial Photograph: Proposed site is cleared, grassy land at 2.4’-2.7’ elevation. 2.Historical Land Use Description: The existing structure was constructed in 1977 per building permit 77-558. Prior to this the site was undeveloped. 3.Land, cover, formation and vegetation description: Please see included environmental information. 4.Other: No obvious evidence of excavation or prior construction exists on site. B.The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. Page 671 of 5415 Historic Preservation/Forms/rev. 06/05/08 6 SECTION FOUR: CERTIFICATION A.The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B.All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C.All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ½” x 14”) folder. ______________________________ Signature of Applicant or Agent ______________________________ Printed Name of Applicant or Agent ===================================================================== -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: Approved on: _____________ By:______________________________ Approved with Conditions on: ____________ By: _____________________________ (see attached) Denied on: _______________ By: ______________________________ (see attached) Jeff Davidson, P.E. - Agent Page 672 of 5415 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)P1202300r r364 Aw,q Elttrson ,", 0;wnlrt l'lonoqer(print name)(title, ift, a U pplcaotM nder oath, that I am the (choose one) owner applicant contra lcdmpany, lf app*able), swear or affirm ct purchaserIand that: f collter colnty 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions jn this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honesl and true;3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l aUthOfiZe oavdson Ensine€nng,lnc to act as our/my representative in any matters regarding this petition including 1 through 2 above *Nores: . lf the applicant is a corporation, then it is usually executed by the corp. pres. orv. pres. . lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typica y be signed by the Company's "Managing Member.". lf the applicant is a paftnership, then typically a partner can sign on behalf of the partnership.. lf the applicant is a limited painership, then the general paftner must sign and be identified as the "general padner" of the named partnership. c lf the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's sratus, e.9,, individual, corporate, trust, paftnership, and then use the appropriate format for that ownership. Under penalties of periury, I declare that I have read the foregoing Affidavit of Authorization and that the s stated in it a true. fi lrc1l 73 Signature Date I he foregoing instrument was acknowleged before me by means of lfinysicatpre ence or Eonline notarization this STATE OF FLORIDA COUNry OF COLLIER Such person(s) Notary Public must check applicable box 6e personally *nown to me lilAFlA PIZARRO Notary Publlc Stat. of Flodd. Comm# HHf768/t E4lrt6 9n027I Has produced a current drivers license Notary Signature C cP\0&coA-001l5\155 Rfv 3/4/2020 E Has produced _ as identification. ) Page 673 of 5415 From:Timothy Finn To:Ray Bellows; Ailyn Padron; Jessica Kluttz Cc:Eric Ortman Subject:RE: PL20230011384 Historic Preservation Waiver Date:Tuesday, March 5, 2024 12:00:39 PM Attachments:image002.jpg image003.jpg image004.jpg image005.png image006.gif image007.gif image008.png collierlogo_bc4e7ee2-8235-4d00-8774-cd5110071b39.jpg fb_00e65385-a43c-4497-b8d7-07c5a47c9913.jpg insta_0af32327-1145-4574-ae51-5dd15a6f38d5.jpg X-logo-black-32x32_c19684b4-b806-4f68-82de-c15698629dfa.png youtube_301e93df-f36e-4281-a711-91384ad28f83.gif 311_4b451a5f-a445-4cc3-bbaa-a387a86aa3d5.gif Hi All, I just verified through our GIS map that this property does not need a waiver as this is not within any historic probability areas and does not contain any historic structures. As such, this waiver will not be presented at the March 15 HAPB meeting. Timothy Finn Planner III Zoning Office:239-252-4312 Timothy.Finn@colliercountyfl.gov From: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Sent: Tuesday, March 5, 2024 11:29 AM To: Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Subject: FW: PL20230011384 Historic Preservation Waiver Has a draft HAPB agenda been created yet? Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: Jessica Kluttz <JessicaK@davidsonengineering.com> Sent: Tuesday, March 05, 2024 10:57 AM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: PL20230011384 Historic Preservation Waiver EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon, Per the rejection comment on PL20230011384 regarding the historic preservation waiver, I wanted to request that this item be put on the next available Historic Preservation Board agenda on March 15 so the project can move forward and the essential Page 674 of 5415 service of emergency communications can be established. Please let me know if any action is needed on our end. Thank you, Jessica Kluttz, AICP Planner Main: 239.434.6060 JessicaK@davidsonengineering.com www.DavidsonEngineering.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 675 of 5415 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Civil Engineering • Planning • Permitting D esigning E xcellence M E M O R A N D U M May 10, 2024 To: Collier County Development Services From: Jessica Kluttz, AICP RE: EMS Tower NIM Davidson Engineering conducted a Neighborhood Information Meeting regarding the Communication Tower Conditional use, PL20230011384, on Thursday May 9 at 5:30pm. The meeting was held at Everglades City Hall in the council chambers, located at 102 Copeland Ave, Everglades City, FL 34139. There was a total of 0 in- person or remote attendees from the public. No members of the public requested a virtual link to attend. Six members of the project team attended in-person. Attached to this letter is the sign in sheet from the meeting, the provided hand out for attendants, and the PowerPoint Presentation prepared for the meeting. The list of individuals below, associated with the project, attended the meeting: - Jessica Kluttz, Davidson Engineering - Nathan Hinkle, Collier County Emergency Management - Scott Pardue, Collier County Sheriff - Tom Forsyth, Collier County Sheriff - Josh Bow, Greater Naples Fire Rescue - Robert Renthe, Collier County Sheriff As no members of the public attended, no presentation was given. The project team left at 6:00 PM. Page 676 of 5415 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Neighborhood Information Meeting May 9, 2024 Collier County Emergency Communication Tower Conditional Use (PL20230011384) The site is located at 40808 Tamiami Trail E in Naples, FL, a 5.34 acre site. The purpose of this application is to allow for a 350’ tall self supporting communications tower at the current site of Ochopee Fire Control District Station 66. The current zoning of the site is Conservation. The existing station will not be altered and the tower is to be sited in a currently cleared portion of the site. This tower will provide essential emergency communication services for Collier County 911 Emergency Services, State Law Enforcement Radio System and National Parks Service. The tower will also be constructed with the capability to support multiple cellular providers. The tower shall be designed with a 250’ fall radius, which means that should the tower fall in a category IV or higher storm event, it will not impact Tamiami Trail E or structures on any other property. The following deviations are sought: LDC 5.05.09.F.2.g.i.: Wireless communication facilities shall be screened with a wall or 30 fence. The wall or fence shall be 100 percent opaque with a 31 minimum height of 8 feet and maximum height of 10 feet. Applicant is requesting the County to allow for a standard chain link fence around the tower without screening. LDC 5.05.09.F.2.b.: Limits tower height to 185’ in a non-agricultural zoning district. Applicant is requesting the County to allow for a 350’ tower in the Conservation zoning district. Page 677 of 5415 Page 678 of 5415 Ochopee Emergency Communication Tower CONDITIONAL USE-PL20230011384 NEIGHBORHOOD INFORMATION MEETING 5/9/2024 1Page 679 of 5415 Project Location: 40808 Tamiami Trail E. 5/9/2024 2Page 680 of 5415 Zoning- Conservation District Permitted Uses: ◦Single Family House ◦Open Space/Recreation/Preservation ◦Family Care Facilities ◦Specific Agricultural Uses per State Standards ◦Essential Services- Utilities Conditional Uses: ◦Accessory Commercial Use (Agricultural/Recreational) ◦Oil/Gas Field Development ◦Essential Services- Utilities, Safety Services, Communication Towers 5/9/2024 3Page 681 of 5415 Proposed Use 350’ Self Supporting Tower Essential Service: Collier County 911 Emergency Services, State Law Enforcement Radio System and National Parks Service. Capability to Support Multiple Cellular Providers. 5/9/2024 4Page 682 of 5415 Impacts on Area ◦Site – Largest impact is the visibility of a tower. Typically in about 3 months, these generally fade into background. ◦Sound – The generator will have some sound during testing and power outages, but the generator housing is designed to minimize most of the sound (tactically quiet), so will be heard only within a small vicinity. ◦Smell – None anticipated. ◦Safety – Please note that the towers are not designed to fail and the design criteria is for a Risk Category IV storm, similar to hospitals and other critical infrastructure ◦RF exposure meets all of the FCC guidelines due to height of antenna and output wattage. 5/9/2024 5Page 683 of 5415 Tower Design KCI Technologies, Inc. has reviewed and ensured that the tower will be in compliance with the 250-ft fall zone radius for Collier County. The tower has been designed to comply with TIA-222-H and the 2020 Florida Building Code. The tower design incorporates a section within the to be the highest capacity. Therefore, under the TIA design criteria, if the design limits are exceeded, the tower member with the highest capacity will lead to failure at that particular section of the tower. This tower has been designed with the diagonal bolts at the 100-ft elevation of the 350-ft tall tower, which is the highest capacity member. The bracing bolts will fail in shear and will cause the tower to “fold over” and reduce the wind load in the remainder of the tower. This will allow the tower to remain within the desired fall radius per the zoning criteria as the maximum distance of tower “folding over” will be 250-ft measured from the base of the tower. 5/9/2024 6 100’ Page 684 of 5415 Separation & Fall Radius 5/9/2024 7 370’ 1050’ 250’ Page 685 of 5415 Image provided by KCI of tower failure, demonstrating the fall zone with a failure point 100’ up the tower in a Category IV or worse storm event. 5/9/2024 8Page 686 of 5415 5/9/2024 9Page 687 of 5415 Tower Uses & Deviations Tower use: Emergency communications services as well as capability to support cellular service. The applicant would like to formally request a deviation from: LDC 5.05.09.F.2.g.i.: Wireless communication facilities shall be screened with a wall or 30 fence. The wall or fence shall be 100 percent opaque with a 31 minimum height of 8 feet and maximum height of 10 feet. Applicant is requesting the County to allow for a standard chain link fence around the tower without screening. LDC 5.05.09.F.2.b.: Limits tower height to 185’ in a non-agricultural zoning district. Applicant is requesting the County to allow for a 350’ tower in the Conservation zoning district. 5/9/2024 10Page 688 of 5415 Thank You Please feel free to contact me with any questions. JESSICAK@DAVIDSONENGINEERING.COM 239-434-6060 5/9/2024 11Page 689 of 5415 Page 690 of 5415 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting April 19, 2024 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional Use PL20230011384 for the following described property 5.34 acres in size: 40808 Tamiami TRL E, Ochopee, FL 34141 The petitioner is asking the County to approve this application to allow for a 350’ tall emergency communication tower on the subject property which is zoned Conservation and currently houses the Ochopee Fire Control Station 66. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development . The Neighborhood Information Meeting will be held on May 9th, 2024 at 5:30 PM at the Everglades City Hall. The address of this location is 203 Buckner Ave, Everglades City, FL 34139 At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. Should you have questions prior to the meeting, please contact me at 239-434-6060 or JessicaK@DavidsonEngineering.com . A link to join the meeting virtually may also be requested. Sincerely, Jessica Kluttz, AICP Planner, Davidson Engineering Page 691 of 5415 PID Name 1 Name 2 Address 1 Address 21148600002 NATIONAL PARK SERVICES ATTN: BRIAN COLEMAN 2975 HORSESHOE DR S, STE 800 NAPLES, FL 341041148480002 SHEALY, JACK M 40904 TAMIAMI TRL E OCHOPEE, FL 341411148400008 NATIONAL PARK SERVICES ATTN: BRIAN COLEMAN 40800 TAMIAMI TRL E OCHOPEE, FL 34141Page 692 of 5415 Page 693 of 5415 Page 694 of 5415 Page 695 of 5415 Page 696 of 5415 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on March 25, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A 350-FOOT-TALL COMMUNICATIONS TOWER ON AN ESSENTIAL SERVICE SITE WITHIN THE CONSERVATION ZONING DISTRICT (CON) AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN SPECIAL TREATMENT OVERLAY (ACSC/ST) PURSUANT TO SECTIONS 2.03.09.B.1.C.5 AND 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, LOCATED ON APPROXIMATELY 5,217± SQUARE FEET OF A 5.34± ACRE TRACT LOCATED AT THE OCHOPEE FIRE CONTROL STATION 66, 40808 TAMIAMI TRAIL E, OCHOPEE, IN SECTION 35, TOWNSHIP 52 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (PL20230011384) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Page 697 of 5415 All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation i s provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen Deputy Clerk (SEAL) Page 698 of 5415