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HomeMy WebLinkAboutbocc.ord.020.2005ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE BOARD TO ENTER INTO A LEASE AGREEMENT WITH THE U.S. FOREST SERVICE FOR THE ELEPHANT MOUNTAIN AND SUNLIGHT PEAK COMMUNICATIONS SITES ORDINANCE NO. 00M -2005 The United States Forest Service owns property on Elephant Mountain and Sunlight Peak, as described more fully in the lease agreements. 2. Pitkin County Translator Department has maintained and operated communication sites at these locations for TV and FM Translators as well as public safety. 3. The leases that were in place expired and need renewal. Renewal generally is up to 30 years. There are no costs associated with renewing these leases, and no annual costs. 4. Pitkin County desires to enter into a lease agreement with the U.S. Forest Service which would extend the lease to expire December 31, 2034. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that does hereby authorize the chair to sign on its behalf the lease agreements with the U.S. Forest Service for the Elephant Mountain and Sunlight Peak communications sites. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON April 13, 2005. NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON March 27, 2005. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON April 27, 2005. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON YV\IT 2005. Illill�� 11111 IIII11111111111��l 11111111110 9049Q 08:04 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Ord. 20051Q�W APPROVED AS TO FORM: ---- John Date County Attorney *MANAGER APPROVAL: "d Hilary 00cher Smith Date County Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: R _agaw 1 as.va as - Patti Kay-Clappe# Date Chair RECOMMENDED FOR APPROVAL: v i . l t.Ql7 J1105_ Renee Hassle Date Translator Administrator VIII VIII II II I II II IIIIII IIII II I II II Page: 0490 08.04 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 2 Authorization ID: SOP132 Contact ID: PITCO_TRANS Expiration Date: 12!31/2034 Use Code: 808 U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE COMMUNICATIONS USE LEASE AUTHORITY: FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976 FS -2700-4a (05/03) OMB 0596-0082 PITKIN COUNTY TRANSLATOR DEPARTMENT of 76 SERVICE CENTER ROAD, ASPEN, CO 81611. THIS LEASE, dated this 1-7 of Nausmk2a- , 2004 by and between the UNITED STATES OF AMERICA, acting through the Forest Service, Department of Agriculture (hereinafter called the "United States" or "Forest Service"), as authorized by the Act of October 21, 1976, (90 Stat. 2743; 43 U.S.C. 1761, et seq.), and PITKIN CO. TRANSLATOR DEPT., its agents, successors, and assigns (hereinafter called the "Lessee"). The United States and the Lessee are jointly referred to herein as the "Parties". As used herein, the "Authorized Officer" refers to the Forest Service official having the delegated authority to execute and administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the Forest Supervisor or District Ranger of the White River National Forest wherein the following described lands are located. The United States, for and in consideration of the terms and conditions contained herein and the payment of the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County of Garfield, State of Colorado, Sec. 19, T. 7 S., R. 89 W., 6TH PRINCIPAL MERIDIAN (hereinafter called the "property"). The Lessee accepts this lease and possession of the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and termination of a LOW POWER TV/FM BROADCAST TRANSLATOR communications facility. The location of the property is shown generally on the site plan dated MARCH 24, 1998 for the Sunlight Peak Communications Site, which is attached and made part hereof as Exhibit A. The dated and initialed exhibit(s), attached hereto, are incorporated into and made a part of this instrument as fully and effectively as if they were set forth herein in their entirety. The parties agree that this lease is made subject to the following terms and conditions. 1. TENURE, RENEWAL AND TRANSFERABILITY A. This lease shall terminate at one minute after midnight on December 31, 2034. Termination at the end of the lease term shall occur by operation of law and shall not require any addition notice or documentation by the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease pursuant to Paragraph "C' below. B. The Lessee shall undertake and pursue with due diligence construction and operation that is authorized by this lease. To the extent specified in Exhibit n/a operation shall commence immediately. This lease shall terminate if operation does not commence by that date, unless the parties agree in writing, in advance; to an extension of the commencement date. C. If the Lessee desires a new lease upon termination of this lease, the Lessee shall notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer shall require payment of III II II II II I I IIIIIIIII II II II II 05/25/2005 59©490 08 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 3 any amounts owed the United States under any Forest Service authorization before issuance of another authorization. D. This lease is assignable with prior written approval of the Authorized Officer, except when the rental has been waived in whole or part. Renting of space does not constitute an assignment under this clause. ;W0,11 A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual adjustments using the Consumer Price Index - Urban (CPI -U), changes in tenant occupancy, or phase-in rental, if applicable. B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or revisions thereto, and direction in FSH 2709.11, chapter 30. C. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any rental amount not paid within 30 days from the date the rental or rental calculation financial statement specified in this authorization becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the rental or rental calculation financial statement is due. In addition, an administrative penalty at a percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt that is more than 90 days past due-. This paragraph shall survive the termination or revocation of this lease, regardless of cause. D. Disputed rentals are due and payable by the due date. No appeal of rentals will be considered by the Forest Service without full payment of the disputed amount. RESPONSIBILITIES OF THE LESSEE A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The Lessee shall impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15 of each year, the Lessee shall provide the Authorized Officer a certified statement listing all tenants and customers, by category of use in the facility on September 30th of that year. B. All development, operation and maintenance of the authorized facility, improvements, and equipment located on the property shall be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required by the Authorized Officer, all plans for development, layout, construction, or alteration of improvements on the property, as well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans must be approved in writing by the Authorized Officer before commencement of any work. After completion, as -built plans, maps, surveys, or other similar information will be provided to the Authorized Officer and appended to the communications site plan. C. The Lessee will comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other agent of the United States, to inspect the premises. A failure by the United States, or other governmental officials, to inspect is not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel against the United States. The Lessee shall at all times keep the title of the United States to the property free and clear of all liens and encumbrances. D. Use of communications equipment is contingent upon the possession of a valid Federal Communication Commission (FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization, and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or authorization shall at all times be maintained by the Lessee IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 59049© 2 05/25/2005 08:04 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 for each transmitter being operated. The Lessee shall provide the Authorized Officer, when requested, with current copies of all licenses for equipment in or on facilities covered by this lease. E. The Lessee shall ensure that equipment within his or her facility (including tenant and customer equipment) operates in a manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the Federal Communication Commission (FCC) determines that the Lessee's use interferes with existing equipment, the Lessee will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC official. F. When requested by the Authorized Officer, the Lessee will furnish technical information concerning the equipment located on the property. IV. LIABILITIES A. The Lessee assumes all risk of loss to the authorized improvements. B. The Lessee shall comply with all applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility, improvement, or equipment on the property. C. The Lessee shall indemnify, defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United States in connection with the Lessee's use or occupancy of the property. The Lessee's indemnification of the United States shall include any loss of personal injury, loss of life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification shall include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types.of abatement costs; third parry claims and judgments; and all administrative, interest, and other legal costs. This paragraph shall survive the termination or revocation of this lease, regardless of cause. D. The Forest Service has no duty, either before or during the lease term, to inspect the property or to warn of hazards and, if the Forest Service inspects the property, it shall incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph shall survive the termination or revocation of this lease, regardless of cause. E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of the United States. F. in.the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable notice, cure the breach for the account at the expense of the Lessee. If the Forest Service at any time pays any sum of money or does any act which will require payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs and damages shall, at the election of the Forest Service, be deemed to be additional rental hereunder and shall be due from the Lessee to the Forest Service on the first day of the month following such election. V. OTHER PROVISIONS A. Nondiscrimination. The Lessee shall at all times operate the described property and its appurtenant areas and its buildings and facilities, whether or not on the property, in full compliance with Title VI of the Civil Rights Act of 1964 -and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date this lease is granted to the end that no person in the United States shall, on the grounds of race, sex, color, religion or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the programs or activities provided thereon. B. Revocation, Termination and Suspension. III IIILVIA R II II VIS T I IIIlKIN ollr I I II II II I III IIY CO R 00 Page: 9 ©49:04 0008 3 1, General. For purposes of this lease, termination, revocation, and suspension refer to the cessation of uses and privileges under the lease. "Revocation" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest. Revocations are appealable. "Termination" refers to the cessation of the lease under its own terms without the necessity for any decision or action by the Authorized Officer. Termination occurs automatically when, by the terms of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration. Terminations are not appealable. "Suspension" refers to a revocation which is temporary and the privileges may be restored upon the occurrence of prescribed actions or conditions. Suspensions are appealable. 2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of two (2) years. 3. Except in emergencies, the Authorized Officer shall give the Lessee written notice of the grounds for revocation or suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After 90 days, the Forest Service is entitled to such remedies as provided herein. 4. This lease may be revoked at the discretion of the Forest Service when in the public interest. When revoked in the public interest, the Lessee shall be compensated subject to the availability of appropriated funds. Compensation shall be based upon the initial cost of improvements located on the lease, less depreciation as allocated over the life of the improvements as declared by the Lessee's Federal tax amortization schedules. 5. Any discretionary decisions or determinations by the Authorized Officer on revocation or suspension are subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. 6. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the Authorized Officer and the Lessee shall, within six months prior to the termination date of this lease, agree upon a mitigation plan to restore and stabilize the site. 7. Upon termination or revocation of the authorization, delinquent fees and other charges associated with the authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions: a. Administrative offset of payments due the holder from the Forest Service. b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1). c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720, et seq.). In the event this lease is revoked for noncompliance, the Lessee shall remove all structures and improvements within 365 days, except those owned by the United States, and shall restore the site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the Authorized Officer. If the Lessee fails to remove all structures or improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner shall benefit from this lease whether directly or indirectly, except when the lease provides a general benefit to a corporation. D. Reservations. This lease is granted subject to the following reservations by the United States 30 �1�0490 a 11111111111 0 9 08:04 SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 1. The right to all natural resource products now or hereafter located on the property unless stated otherwise, and the right to utilize or dispose of such resources insofar as the rights of the Lessee are not unreasonably affected. 2. The right to modify the communications site plan as deemed necessary. 3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease. 4. The right of the United States to require common use of the property, and the right to authorize use of the property for compatible uses, including the subsurface and air space. In the event of any conflict between any of the preceding printed clauses or any provisions thereof and any of the following clauses or any provision thereof, the preceding clauses shall control. E. Protection of Habitat of Endangered. Threatened. and Sensitive Species (X8). Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, derived from ESA Section 7 consultation, may be shown on a separate map, hereby made a part of this authorization, or identified on the ground. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the authorization holder. If protection measures prove, inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, the authorized officer may specify additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party. F. Superseded Authorization (X18). This authorization supersedes a special -use authorization designated: SOP102603. G. Disputes (X96). Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. H. Utility Installation (R2 -B-2). The installation of systems to handle utilities such as water, sewage, electricity, and natural or liquefied petroleum gas, must conform to national, state, local, and industry standards. I. Site Plan, Existing Authorization (R2 -C-2). Existing authorized land and structural improvements are shown on the Site Plan titled Sunlight Peak Communications Site Plan, and dated March 24, 1998, which is attached hereto and made a part hereof. J. Noxious Weed Control (R2 -D-8). The Holder shall take all reasonable precautions to prevent the introduction, establishment, and spread of noxious weeds on lands covered by this authorization and adjacent thereto. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPage: 9 : 7of30 09.0 SILVIA DAVIS PITKIN COUNTY CO R 0. 0 D 0.00 �t Jrt� J�,,' ACCEPTED this day of 1 v""`" i` � , 2004, 1 the undersigned have read, derstand and accept the terms and conditions of this lease. Lessee IN WITNESS WHEREOF, the Forest Service, by its Authorized Officer, has executed this lease on the day and year first written above. UNITED STATES OF AME WALLACE B. WESTBR K Forest Service Department of Agriculture According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information_ unless_ it displays a valid _ OMB control number. The valid OMB control number for this information collection is 0596-0082. This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the Secretary of Agriculture to promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archaeological Resources Protection Act, and Alaska National Jnterest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing these authorizations. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Ad (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. Public reporting burden for this collection of information, f requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and use information, sublease information, and other similar miscellaneous information requests. This included the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, including suggestions for reducing this burden. IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 05/25/2005 e 9 08:04 0 D 0. 00 USYS Drm ZVY, z5b. Pitkin County Translator Dept.. Site Map and Antenna Array Sunlight Peak Site Site and Elevation Plan Pitkin County FWTV Translator Department G fr r (D USFS Form 299, 8C. Pitkin County Translator Sunlight Peak �s 0 d - � A X � ro $ / 0 A � � 0 c rL w Q X O 00 / vz SIIIIII VIII IIIIII II II VIII IIIIII VIII III IIIIII II III00 510490 08: Page: ILVIA DAVIS PITKIN COUNTY CO R 0. 0 0 D 900 85/25/2005 .041 / D EX41arr A SUNLIGHT PEAK COMMUNICATIONS SITE PLAN ROCKY MOUNTAIN REGION WHITE RIVER NATIONAL FOREST SOPRIS RANGER DISTRICT Prepared By: Sunlight Peak Users Association 3/23/98 Date Recommended B District Ranger Date Approved By::""((F((F////// Z 3 6#1 Forest Supervisor Da e 111 IE�II II�E�E�� III III III II II a 9 �11 490f 30 08:04 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 TABLE OF CONTENTS TITLE I. Introduction II. Current Site Factors A. Background B. Environmental Factors III. Current Site Management A. General Site Policy B. Policies/Procedures/Standards 1. Site Development/Standards a. Limits of Development b. New Facility Development Priority 2. Applications and Plans a. Association Role b. Kinds of Actions Requiring Submittal of Applications - - '3. Construction Activities- - ----- 4. Access Roads S. Utilities a. Electrical Service b. Grounding System C. Lightning Protection d. Other I IV. Technical Standards A. Required Data -Records B. Excavation, Trenching/Drilling Blasting C. Building Requirements/Codes/Standards D. Antenna Support Structures/Towers E. Electronic Equipment 1. Antennas 2. Transmitters 3. Receivers 4. Transmission Lines S. Interference 6. Technical Standards Compliance 7. Housekeeping V. Permit Administration A. Processing of Application Permit B. Permit C. Inspections VI. Future Development and Operation I. Appendices A. General Location Map B. Site Map IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIe 510490 Page: 12 of 30 05/25/2005 0aa SILVIA DAVIS PITKIN COUNTY CO R 0. D 0.00 PAGE 1 1 1 2 3 3 4 6 6 6 6 6 7 8 9 9 9 9 9 9 10 10 10 11 11 11 11 12 12 12 12 13 14 14 14 14 14 [E Sunlight Peak Comm Site Plan I. INTRODUCTION Page 1 This plan for management of the Sunlight Peak Communications Site was developed for the following purposes: --Organize and present up-to-date status of site improvements and permitted facilities. --Document current site management strategies, policies, procedures, and standards. --Present a program for future growth, development and operation within the site. The primary objective of the plan is to develop a working plan: --That will provide procedures for management of the site now and in the future; --That will assist the site user in applications, modifications, and compliance procedures; --That can guide and record changes and improvements thereby maintaining up-to-date status of the site; --Assist in planning for the future. _... __.. -II. -CURRENT-SITE-FACTORS. A. BACKGROUND The Sunlight Peak Communications Site, hereinafter referred to as "the Site" was officially designated by the Regional Forester in the 1985 White River National Forest Land and Resource Management Plan. This designation set aside a specific area for electronic communications systems and facilities. The site consists of three distinct areas: * The majority of the facilities are located on the ridge top situated on National Forest System lands. * The northwest corner of the ridge top is situated on public lands administered by the Bureau of Land Management. The Forest Service manages the two facilities located on the BLM lands as agreed to in a signed Memorandum of Understanding. - * A high power broadcast facility is situated approximately 1/2 mile southeast of the ridge top on National Forest System lands. The site was first established as an aircraft visual navigation beacon site by the Civil Aeronautics Administration in 1946. Commercial power was extended -for the first telecommunications facilities in 1952. Over the ensuing decades facilities proliferated to the present count of seventeen individual facilities. No new facilites have been constructed since 1985, except for upgrade and replacement of existing facilites. Equipment currently utilized at the ridge top site includes microwave, conventional and trunked two-way radio, telemetry radio, radio paging, amateur radio, and low power. broadcast FM and television. The high power broadcast location established in 1983 includes a 20,000 watt channel 3 television transmitter and an 8,000 watt 92.7 MHz FM radio transmitter. VIII VIIIA III IIIIII IIIIII IIII II IIII II Page: 904300©f 08004 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 13 Sunlight Peak Comm Site Plan Page 2 B. ENVIRONMENTAL FACTORS (FACT SHEET) Site Description -Legal: Sections 19 and 30, T.7 S., R.89 W., and Section 24, T.7 S., R.90 W., 6th P.M., Garfield County. General Location: See general location map (Appendix A) Site Map: Cattle Creek Quadrangle Center Mountain Quadrangle (Appendix B) Access: Via the Four Mile Road, (Garfield County Road 117), to Forest Development Road 300. Approximately two miles from the National Forest Boundary, Forest Development Road (FDR), 318 begins to the north. Access on FDR 318 requires a high clearance vehicle. A tracked vehicle or helicopter is necessary for winter access. Size and Configuration: Sunlight Peak has an elevation of 10,584 feet, and the electronic site is located in -a-mountain bunchgrass park locatedonthe summit.- This park is surrounded by a mature stand of spruce -fir timber. The size of the site is approximately 22 acres on two ridge tops. The main site located on the west ridge top runs approxmately north and south, and slopes off gradually to the east and sharply to the west. Geology and Heritage Resources: Bedrock geology is a tertiary basalt flow which caps the top of Sunlight Peak. The basalt flow is stable on the gently sloping west and east ridge tops. Sunlight Peak itself is mapped as an inclusion in the Doughspon family, 40-60o slopes. This unit is typically used to characterize ecological land units having aspen on montane, south facing slope and landslide scarp faces and mountain slopes in soft sedimentary rock. In 1990 Sunlight Peak was surveyed for heritage resource sites with negative results. Climate: -Annual average precipitation is 30 to 35 inches from winter snow (drifts 10+ feet in some locations) and intense summer thunderstorms. -Normal Snow free construction period: June through October 15. -Average expected frost free period (estimated): Ranging from no frost free days to a brief period between June and August. -First snows: September to October -Heaviest accumulation: January through March. Temperature range: Highest - August, upper 70's; Lowest - February, below 0. -Frost line (estimate): 6 feet. -Winds: Range 0 to 100 mph, prevailing wind direction: southwest. -Tower Icing: Minimal (6" to 12"), accumulations of rhime ice have been observed. III VIII IIIIII I II VIII IIIIII I III III IIIIII I III �49© f 080 05/04 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 I LI Sunlight Peak Comm Site Plan - Page 3 III. CURRENT SITE MANAGEMENT A. GENERAL SITE POLICY The primary objective for managing this communications site is to strive for compatible uses at a level acceptable to the majority of site users, "...ensure efficient site use, and ensure that the activities do not degrade the environment". (from FSM 2728, Interim Directive No. 47, WO, 10/15/85). The high power ridge top to the east is approximately one half mile horizontally from the western ridge top site. Although less than ideal for separation from low power users, coexistence has generally been acceptable. This horizontal distance does not meet the recommended minimal one mile separation for low and high power uses. Historically the western ridge top site has been used for two-way communications (less than 100 watt output), and microwave. There have never been any high power broadcast transmitters on the western ridge top. High power communications on this ridge top would reduce the effectiveness of the site for existing and future land mobile, microwave and other low power communications. Based on the highest and best use of the site., restricting the west ridge top site to low power two-way communications is the best alternative for the management of this site. This is based on the demonstrated need to have minimal potential for interference or degradation of signal from high power or broadcast transmissions. Case history and technical information strongly directs separation. While there is evidence to support that there are technical mitigation measures available which would minimize potential interference problems, evidence from sites which contain co -location of broadcast and two-way uses have poor track record of resolving such problems in an equitable and timely manner. Forest Service regulations (FSM 2728.12 Clause X-60) requires that other users at an electronic site "shall not interfere with U.S. Government radic or electronic operations already in existence on National Forest land within two miles". The potential for interference would exist if high power broadcast transmitters were permitted on the west ridge top. Some of the basic objectives for managing the western site ridge top in the future include allowing and planning for low power two-way communications uses. These uses include but are not necessarily limited to land mobile radios, specialized mobile radios, microwave, 800 trunking and cellular phones. Current users of the west ridge top site include Federal, State, and local government agencies, public safety agencies, utilities, transportation, and other entities that depend on reliable reception of weak signals that could be jeopardized by excessive transmit power levels from potential broadcast users of the site. Because of the emergency communications involved with these users, the possibility of interference or a weakened signal as a result of allowing high power or broadcast transmitters is not acceptable. AUTHORIZATIONS: The "Act of October 21, 1976, (43 U.S.C. 1761) or Federal Land Policy and Management Act (FLPMA)", authorizes the use of National Forest system lands for electronic transmission and reception purposes. Building owners must hold a -valid special use authorization. Non -Federal operators of electronic transmission equipment must hold a valid frequency assignment or license from the Federal Communication Commission (FCC). Federal agency operators must hold a valid frequency assignment or Sunlight Peak Comm Site Plan Page 4 authorization from the National Telecommunications and Information Administration (NTIA). B. POLICIES/PROCEDURES/STANDARDS Safety: The safety of authorized personnel within, and any public visiting the surrounding attractions is a major management concern. Public Safety: The site is open to the public via foot and horseback. There are locked gates with appropriate closure and an explanatory sign at the road intersection of the two sites. Authorized Personnel Safety: It must be recognized that the site contains known and unknown hazardous conditions. Some of the hazardous environments known to exist are: Climatic Electrical Electromagnetic Physical Chemical It is the responsibility of authorized personnel to become knowledgeable of said hazardous conditions and environments, and to take necessary actions to minimize or eliminate any harmful effects therefrom. Environmental Safety: Recognizing the potential impact of non -ionizing radiation on both those who work on and visit the site, radiation of a m energy at levels which may expose such persons to more than one m mill iwatt per square centimeter (30 to 300 MHz range) is prohibited in Ey 000 any areas accessible by the general public. � N � ry The National Environmental Policy Act of 1969 (NEPA) requires all r afederal agencies to ensure that the environmental effects of their LD 00 n o m action are given appropriate consideration. The FCC has specified that 0 American National Standards Institute (ANSI) "Radio Frequency Protection Guides" (ANSI C95.1 - 1982) will be the guideline for determining acceptable human exposure to non -ionizing radiation levels. All applications for new facilities, modifications to existing facilities, and renewals submitted to FCC must specify that the RF o radiation of the facility operation will not have a significant impact on the human environment. a r z Protection of Resources: Other resources, uses, and activities of the National Forest occurring in the vicinity must be impacted as little as possible by presence of the site. a N a No material shall be disposed of by burning in open fires. All motorized equipment and machinery shall be equipped with spark arresters. Wildlife: Substances known to be hazardous to wildlife or livestock will be stored in buildings or removed. Pesticides and herbicides will be used only in strict conformance with applicable regulations. Prior approval must be obtained from the Forest Officer. Wildlife will not be purposely attracted to the site. Garbage and other possible attractants will be removed. Visual Quality Considerations: (VQ) The following standards and requirements are designed to assure minimal visual detraction as viewed from the outside and to promote standardization of hazard and safety markings and adherence to environmentally suitable texture and color treatment of facilities within the site: l� Sunlight Peak Comm Site Plan Page 5 Lighting: No lighting will be authorized that is visible day or night from outside the site, except for FAA required lighting and color schemes to be specified on an as - needed basis. The ForestService has final approval in this matter. External equipment will be designed or treated to avoid light reflection. New proposals and modifications will be evaluated in terms of minimizing overall visual impact to the skyline and immediate surroundings. Guidelines for use on the site are the following: All equipment that requires protection from weather (electronics, generators, batteries, etc.), shall be installed in approved equipment shelters or buildings. Exterior equipment cabinets, old freezers, sheds, etc. will not be acceptable for use at the site. Pre -manufactured equipment shelters may be utilized provided they are designed and manufactured specifically for the use intended, and are in compliance with applicable building code requirements. New proposals and modifications will be evaluated in terms of providing conformity for overall site appearance, and adherence to uniform safety color code in such manner that will least detract from the scenic quality of the immediate natural surrounding. Hazard warning devices will be used when and where needed. l7 Mobile generator housings, cargo trailer, shipping container boxes, military vehicle bodies,- or other semi-mobile deviceswill --- not be acceptable for use at the site. Masonary construction (concrete, block, stone), shall be the preferred method of construction for its inherent structural strength, low maintenance, sound absorbtion, bullet resistance, m m and fire protection. ro � m Q om m X All exposed surfaces shall be painted either Sherwin Williams ry m Licorice Stick BM -80-23 or Federal Standard 595B-34086. With Q N approval from the authorized Forest Officer, exposed surfaces may Lo n be permanantly colored a dark non -reflective natural color (is: exposed aggregate stone, dyed cement etc.) m � m Antenna support structures shall be painted the above referenced color, dulled galvanized (acid dipped), or self weathering steel. Microwave antennas and radomes shall be painted the above = � referenced color. Teglar or similar flexible radome covers shall �r utilize the closest compatible color available from the �Z manufacturer. 0 U _ 2 Small vertical or directional antennas may be any color. Y F a N Aviation orange and white shall be utilized when mandated by the > FAA, and approved by the Forest Service. � o � a J Flat, reflective and/or illuminated surfaces such as window panes, U shiny sheeting, etc, shall be avoided. New proposals and modifications will be evaluated in terms of providing conformity for overall site appearance, and adherence to uniform safety color code in such manner that will least detract from the scenic quality of the immediate natural surrounding. Hazard warning devices will be used when and where needed. l7 Sunlight Peak Comm Site Plan Page 6 Approved color code for on-site hazard warning: Object markers.................Yellow and black stripe Construction signs.............Orange background Warnings .......................Yellow background Regulatory ................:....White background Soils/Watershed: Plans for new construction or modifications shall provide for restoration of disturbed areas and for proper handling of run off from buildings, parking areas, access roads, and undeveloped related - interspaces. Plans for new construction and major reconstruction that result in the removal of vegetation and/or disturbance of the ground shall specify provisions for site rehabilitation measures including but not limited to soil replacement (new cover if necessary), stabilization, reestablishment of vegetation, monitoring and treatment of noxious weeds, etc. A site rehabilitation plan must be submitted to and approved by the authorized Forest Officer, with the application prior to any disturbance taking place. Forest Service must pre -approve removal of trees. Facility criteria and requirements may be found under Visual Quality. 2. APPLICATIONS AND PLANS a. Association Role: The site plan shall be attached and made part' of all Special Use Permits. The User's Association is established and membership I Recreation and Other Uses: Site development will consider visual and auditory impacts to others using nearby areas. (Also see Public Safety and Visual Quality). ROS class at the site is Roaded Natural. v 1. SITE DEVELOPMENT/SPACE MANAGEMENT: CRITERIA/REQUIREMENTS/STANDARDS 00 . 0 0 0 o a. Limits of Development: Development of facilities will be confined °� N o within the established limits of the site as shown on Appendix B. 0 N W Lf7 a m High power (greater than 300 watts output) and broadcast transmitters will m not be located on the western ridge top. Low power applications (less than m 300 watts output) can be located anywhere on the site; however, the m � emphasis will be to maximize co -location. b. New Facility Development Priority: The primary management objective in approval of new site development is to maximize use of existing space. Following is the order of priority for selection (by application) and r awarding (by Forest Service) of new and revised permits: z Priority Item - �.� .... Occupancy of existing buildings, towers, etc. Y a 2. .... .... Recombine buildings and towers (result - reduce total number of buildings and towers). 0 3. .... .... Recombine towers only (use same building and design a new antenna support structure to consolidate antennas).. 4. .... .... Recombine buildings only. - 5. .... .... Occupancy of existing tower - new building. 6. .... .... Occupancy of existing building - new tower required. 7. .... .... New facility. Facility criteria and requirements may be found under Visual Quality. 2. APPLICATIONS AND PLANS a. Association Role: The site plan shall be attached and made part' of all Special Use Permits. The User's Association is established and membership I Sunlight Peak Comm Site Plan shall be a condition of site occupancy shall be: Page 7 The objective of this Association 1. To represent the permittees as a group in dealings with and making recommendations to the White River National Forest on matters relating to the communications site use and occupancy. 2. To work in cooperation with the Forest Service in maintaining good engineering practices, interference reduction, personnel safety, snow removal, maintenance, protection, and use of the road. 3. To do any and all things lawful, just, and necessary to further the interests of this Association in developing and improving the use of the communication site. The Association goal shall be to maximize effective use of facilities that are; and may be located on the site. b. Kinds of Actions Requiring Submittal of Applications: Submission of applications for authorization to occupy new or existing facilities will be - ..required in all -.of_the following. cases: -- - --- -- - -- -Major change in size, shape (silhouette) of building. -Major change in size, shape (silhouette or "density") of antenna support structure. -New building. -New antenna support structure. Submit Applications to: Sopris Ranger District P.O. Box 309 Carbondale, CO 81623 Information Contact: Lands Forester or Assistant District Ranger Telephone: (970) 963-2266 Application --Requirements and Planning Criteria: Applications shall include as appropriate: ** Applications Form: FS -2700-3 and "Additional Data Sheet" ** "Need to occupy" justification statement ** FCC license, construction permit, frequency assignment station license, etc., or NT IA/IRAC Authorization. ** Technical Data Sheet Form(s): FS -2700-10 ** Complete site layout plan, building plans, and construction details by a registered professional engineer. ** Electrical plan ** Manufacturer specifications of proposed tower, antenna supporting structure, and/or antenna(s) including site specific design criteria and structural analysis. ** Site rehabilitation plan ** Tower base details including cross-section concrete strength, reinforcing, grouting material, anchoring methods and device. ** Proposed maximum cross-sectional loading of antennas and attachments. ** Primary contractor (name, address, telephone number) ** Timetable for completion. All electronic site permits shall be required to have clause X-60 (FSM 2728.12) as part of the permit. This clause specifies that "The operation of the equipment covered by this permit shall not interfere with United State Government radio or electronic operations already in existence on National Forest land within two miles of the site to which this permit refers. The permittee shall at its own expense take all action necessary f Sunlight Peak Comm Site Plan Page 8 to prevent or eliminate such interferences. If it does not eliminate such interference within ten (10) days after receipt of notice from the Forest Service to do so, this permit may be terminated forthwith.,, New applicants must assure that existing users' operations will not be significantly affected from operation of the new or modified facility. Should an existing operation experience unacceptable interference because of the construction/modification/operation of a facility, it will be the responsibility of the offending party to correct the situation immediately. Submittal of an application does not guarantee occupancy and use of a facility. Applications must be complete in regard to required detail before the proposal will be officially considered. New applicants will be required to secure such written agreements from all parties involved as might be needed to co -join or singly occupy an existing or new facility. Plans for construction, major modification, etc., are required as part of the -application -process. These plans -must be accepted and approved by the Forest Service. Appropriate building codes will be observed. Applicants may be requested to provide certain technical information which will be published in a notification to the other site users. New applicants may be required to assume certain costs for modification, improvement or site development above and beyond their immediate needs in order to be accommodated at this site. The Forest Service reserves the right to solicit development of specified facilities through issuance of a prospectus (to a successful bidder) or cooperative agreement with Users Association or other agency. A single permit authorization for the site issued to the Association is to be encouraged. Applicants will be required to perform all necessary background work and coordination toward perfection of their application. 3. CONSTRUCTION ACTIVITIES, INSPECTIONS, ON-SITE COOPERATION Inspections for construction and modification as required by the State or County and are the responsibility of the permittee such as, but not limited to, the following: Foundations Structural Electrical Mechanical Plumbing copies of required inspections, as evidence of their completion are to be provided to Sopris Ranger District either as they occur or as part of the final as -built plan. A final set of as -built plans will be submitted to Sopris Ranger District within 90 days of acceptance of structure (if contracted) or of completion date. sp Sunlight Peak Comm Site Plan Page 9 4. ACCESS ROAD: REQUIREMENTS, STANDARDS, USE, MNTC., Forest Development Road 318 shall be maintained by the Forest Service and the Association. It shall be the responsibility of all site users to cooperatively work towards ensuring adequate access on these roads by minimizing trips during inclement weather. Access road speed limit is set at 15 mph maximum. Permittees who cause damage or disturbance to the access road, including ditches, culverts, roadside vegetation, signs and underground utilities/facilities, will be required to make restitution to conditions equal or superior to exceeding those prior to time of damage. Temporary storage of construction materials alongside the road pull outs and parking areas will require preapproval by affected neighbors and the Forest Service. 5. UTILITIES All new utilities are to be installed underground. It is the applicant/permittee's responsibility to arrange for utilities. Liquified petroleum (LP) fuel tanks and gas lines should be placed underground. As building owners upgrade their facilities, their tanks shall be buried. Buried location will be permanently marked (set off) with appropriate bright yellow posts. The National Fire Code, published by the National Fire Protection Association contains requirements for storage of flammable and combustible �1 a. Electrical Service: v m n m All electrical facilities, equipment, and their installation shall conform w m m to the then current edition of the National Electrical Code and Ono ..m m requirements of the State of Colorado. All permanent AC wiring shall be O installed in metallic or. PVC conduit. All new service entrances shall be .. N m installed underground. r a m Ln m b. Grounding Systems: a It is to the benefit of each site occupant to maintain an industry standard site grounding system. It is recommended that all towers, buildings, and equipment be properly bonded to a common site ground constructed with #2 AWG or larger copper wire bonded to an adequate copper electrode system. v All buried joints should be welded or crimped, and all tower guy wires grounded by the method recommended by the manufacturer. z 0 U c. Lightning Protection: z Y r a Every effort should be made to protect the equipment from lightning damage. Feed through lightning protectors should be used on all coaxial cable $ connection to equipment enclosures. Gas gap and MOV protectors should be a used on all control/audio and power lines. J_ d. Other: Liquified petroleum (LP) fuel tanks and gas lines should be placed underground. As building owners upgrade their facilities, their tanks shall be buried. Buried location will be permanently marked (set off) with appropriate bright yellow posts. The National Fire Code, published by the National Fire Protection Association contains requirements for storage of flammable and combustible �1 Sunlight Peak Comm Site Plan Page 10 materials. All users on the site shall be required to adhere to the latest edition requirements of this code. IV. TECHNICAL STANDARDS A. REQUIRED DATA -RECORDS The following data shall be required for all installations and shall be kept on file with the Sopris District. It will be the responsibility of the permittee/applicant to ensure the accuracy of the filed material. All plans shall employ a 1" = 50' scale or smaller. Site Layout Diagram, to include: Complete and detailed layout, including all improvement and facilities. -Buildings - -Antenna Support Structures -Parking, access spurs -Utilities, major vegetation, topographic changes, etc. -Certified Architectural Plans, Engineering Drawings, Load/Stress Analyses, Manufacturer's Specifications, etc., for buildings and antenna -support -structures. -Transmitters -Receivers -Protective devices (cavities, isolators, filters, etc.) -Switching devices (antenna changeover devices, directional couplers, etc..) -Number and types of antennas installed (to include spare or standby antennas and their terminations, types, and lengths of transmission lines.) v New Construction: All new construction, reconstruction, or major m m modification shall conform to the established technical standards and n, ro m m accepted engineering practices, and shall bear the certification of a 0 000 (Y) N m m Registered Professional Engineer. N N � � ma The information tabulated above shall become a permanent part of the a m applicant's file. m m m B. EXCAVATION, TRENCHING/DRILLING/BLASTING rc Blasting, if properly planned, coordinated and executed, is permitted within site. Compliance with industry standards plus attention to reasonable requests for added protection from potentially affected permit u holders is expected. Consulted Bureau of Mines Bulletin: "656 -BLASTING Z VIBRATIONS AND THEIR EFFECTS ON STRUCTURES, and Technical Progress Report 0 78: BLAST NOISE STANDARDS AND INSTRUMENTATION" for detailed information v z concerning blasting. Y F a Special care must be taken to avoid disturbance to existing structures above and below ground. a 0 a Disposal of excess excavated materials: Contact the Sopris Ranger District > for location of site to dispose of excess materials. In most cases these materials can be used as fill material within the sites.. Plan and coordinate temporary placement of back dirt so that traffic blockage and other inconveniences are minimized. / Z Sunlight Peak Comm Site Plan Page 11 C. BUILDINGS: REQUIREMENTS/CODES/STANDARDS All buildings and structural foundations shall conform to the current edition of the Uniform Building Code and/or the requirements of the local authority having jurisdiction at the time of construction. D. ANTENNA SUPPORT STRUCTURES/TOWERS All towers shall comply with the then current EIA/TIA-RS-222 standard. All metallic materials shall be galvanized, stainless steel or plated. Dissimilar metals shall not be placed in contact with each other in such a mannner that a potential for galvanic junction exists. Anti -climb measures on each tower are highly recommended. All guy wire installations shall be installed with respect to travel over the main access roads such that installation shall not restrict the access of vehicles of height up to 14 feet. All new and replacement antenna support structures (towers) will be of approved self-supporting type. Current EIA Standard EIA -RS -222-D shall be adhered to. It is the applicant/permittee's responsibility to assure that any new or modified structure will not interfere electronically or physically with any existing microwave paths. Applicant/permittee will be required to demonstrate non -obstruction to existing users prior to Forest Service approval of proposal. All antennas shall be installed in accordance with the manufacturer's recommendations with installations designed and constructed to minimize interference. All antennas shall be terminated to a proper feed line, all unused antennas shall be removed from the towers. All broken or defective antennas will be removed. � 3 Approved requirements for antenna support structures are as follows: v m m Type: Metal, self supporting. Maximum total height: The east ridge m p 00 m shall be 130 feet and the west ridge shall be 100 feet. 0)Mma N N Minimum spacing between towers: 50 feet. Spacing between major towers r (exceeding 50 foot height) will be 50 feet minimum, unless there has In a been previous agreement among nearest affected neighbors. m m s m E. ELECTRONIC EQUIPMENT All FCC licensed or NTIA/IRAC authorized equipment shall be operated in full accordance with all applicable rules and shall have a current license �o or authorizatibn posted near said equipment. - U All equipment shall be labeled with the owner's name and current 24-hour u contactphone number (service agency is acceptable), call sign, and - y F- transmitter frequency. a A11 equipment is to be installed in metal cabinets or equipment racks that � are grounded and shielded. Grounding is to be done in accordance with �a accepted standards. - w 1. Antennas: All antennas shall be installed in accordance with the manufacturer's recommendations with installations designed and constructed to minimize interference. All antennas shall be terminated to a proper feed line, all unused antennas shall be removed from the towers. All broken or defective antennas will be removed. � 3 Sunlight Peak Comm Site Plan 2. Transmitters: Page 12 All transmitters shall be FCC type accepted, with radiation of out -of -band emissions reduced to a level that shall not be identified as a source of interference, as defined in 47 CFR, Part 90.209. 3. All transmitters shall incorporate protective devices (i.e. ferrite isolators or circulators with bandpass filters), to prevent re -radiation of transmitter mixed signals. All transmitters not in immediate use and not specifically designated as standby equipment shall be removed. 3. Receivers: All receivers shall comply with applicable parts of 47 CFR, Parts 2 and 15, and shall incorporate protective devices which will minimize receiver produced intermodulation. All receivers shall have adequate preselection, incorporate bandpass cavity selectivity (Part 94 point to point microwave excluded). All receiver preamplifiers shall have preselectors between the preamplifier and the associated receiving antenna. _4. Transmission Lines: All antenna feed lines shall be jacketed with 100% shielding or high quality double shielded construction. Feed lines shall be grounded in accordance with the manufacturers recommendations. No unterminated feed lines shall be permitted. Old feed lines that will not be returned to service shall be removed. 5. Interference: All site users will be expected to comply with the Technical Standards to minimize interference potential. Neither the Association nor the Forest Service shall recognize interference complaints from users who are not in good standing. The site user that is subject to the interference shall attempt to identify source and conditions of interference and notify the source contact of the interfering signal as soon as the interference is noticed. Verbal notification should be followed with a letter to all parties involved, the Sopris Ranger District and Users Association Technical Committee. In the Event Radio Interference occurs: --Involved systems, if at the time are not fully in compliance with above standards, will be asked to comply. specified equipment, notch filters, crystal filters, dual isolators and/or bandpass devices, may be required. --All cases of unresolved interference or disputes that cannot be resolved by the lessee's site manager or the Users Association Committee shall be referred to the Sopris Ranger District for compliance action. I£ interference is unresolved in a timely manner, the Technical Committee chairperson shall be contacted for assistance. If the source of interference is a new transmitting source, the offending party will be asked to cease operation immediately pending review of conditions. If the identified source transmitter has been in operation for a period of two months or longer, the Technical Committee chairperson will review the conditions and coordinate efforts for a solution with the affected parites: If multiple source conditions are responsible, resolution shall Y Sunlight Peak Comm Site Plan Page 13 be identified and agreed upon by all parties involved. If financial considerations are not agreeable, the Technical Committee shall recommend in writing to the SPUA Board of Directors a solution. The Forest Service shall resolve the issue, if necessary. The procedure for handling of interference shall primarily be the responsibility of the Users Association. In the event of unresolved interference or disputes the Association shall report in writing to the Forest Service the following: 1. Description of the interference. 2. Correction action recommended. 3. Responsible party or agency. 4. Severity of interference problem. 5. Proposed date for completion of corrective action it should be understood by all users that interference with law enforcement and/or emergency communications must be corrected immediately. 3. Assist the Forest Officer through; a. Evaluation of construction, reconstruction or modification applications, with respect to: 1. Compliance with technical standards. 2. Compatibility with existing installations. b. Participation in inspections. . C. Review of site layout and as -built plans. The suspension or termination of a permit will be the responsibility of the - -- - Forest Officer. 6. Technical Standards Compliance P 0 B M � New Users `on New users shall comply with all technical standards at the time -of 0 N m m construction or installation of equipment. NryO 0 arN Present Users LO a m Present users will come into compliance with Technical Standards within the m timeframe specified after theannualinspection if any noncompliance is. �m found. Any new installations or change of equipment shall comply with all s: current technical standards. Technical Standards Committee Role There shall be a permanent Technical Standards Committee of the Association. The Committee shall be appointed by the Board of Directors. F In the absence of a Technical Standards Committee, the Board of Directors o shall assume the responsibilities of said committee. FThe function of this committee will be to: W 1. Maintain -a set of technical standards, adopted by the Association and o.approved and enforced by the USDA Forest Service. Adherence to these standards will minimize physical damage and RF interference, thus providing for improved electromagnetic compatibility of all Site Users. N 2. Represent the Association in technical matters with the USDA Forest Service and applicants. 3. Assist the Forest Officer through; a. Evaluation of construction, reconstruction or modification applications, with respect to: 1. Compliance with technical standards. 2. Compatibility with existing installations. b. Participation in inspections. . C. Review of site layout and as -built plans. Sunlight Peak Comm Site Plan Page 14 4. Review and update technical standards recommendations annually for approval by the Association membership. 7. Housekeeping: Each site is required to be maintained by the site users in an acceptable manner. Litter or unused equipment shall not be allowed to remain at the facility at any time. All garbage shall be removed from the site immediately. All equipmentnotin service shall be stored properly or removed from the site. V. PERMIT ADMINISTRATION A. Processing of Application Note that permits are now only required for building owners. Tenants may continue holding their original permit, however they must pay fees according to the fee schedule. a. Receive at Ranger Station, log in, review. _ b. Negotiate details -for perfecting application; return to applicant if necessary. C. Approve or reject (approval for notification to user can come at point short of actual perfection). Application must be perfected before it will be formally considered. B. Permits: Issue multiple user authorizations as needed to place all facilities under responsible care. Refer to Section III A. General Site Policy for m background information concerning permits and authorizations. m .. ro m 4 00 C. Inspections: Ono m Q] 0 mm There shall be one annual inspection in conjunction with the annual meeting of the Users Association, weather and road conditions permitting. The n m inspection shall be performed by the Technial Committee with a m representative from the Forest Service present. All site owners will be -- m expected to have a representative available. Inspections shall include the following items: - Adherence to the overall Sunlight Peak site development plan. - General visual inspection of each site. - Measurement and documenation of RF exposure level at three feet straight out from each building's personnel entrance, and at each tower ' r base. Z U - Measurement and documentation of the electromagnetic noise floor at the prescribed, frequencies. z - All electromagnetic measurements shall be made with qualified and a recently calibrated equipment. Each measurement shall be accepted as accurate by three members of the Technical Committee. a 0 a Results of the inspections will be presented at the next Technical Committee meeting. The reports will include segments on findings, recommendations, long term resolutions, and immediate issues. The Technical Committee shall derive and submit a summary and a separate detailed report to the Board of Directors and Forest Service. The reports shall be due to. the Board within 30 working days of the completion of the / /lO Sunlight Peak Comm Site Plan Page 15 inspections. The Board of Directors shall take appropriate action upon receiving the report. The USDA Forest Service will provide written notification of the inspection date and those responsible for each site will arrange to have personnel available at the site at the time of inspection. VI. FUTURE DEVELOPMENT AND OPERATION The following outline documents major considerations for future development and operation. The District Ranger Staff shall: Revise the site management plan as frequently as may be needed to conform with changes in Forest Service policy and procedure and changing on-site needs. At this writing, recent changes in the Forest Service Manual direction for communications sites have been published. On -the -ground implementation of these changes are now being put into effect. The fee structure for this site is being.developed. Once developed, the manner in which fees are to be applied will cause further change in the actual makeup of the user authorizations. These changes and new procedures should be reflected in this plan_.. - -- --- -- - -- --- -- Support the Users Association to assume the day-to-day site administration responsibilities. Appropriate utilization of an Association in sharing the burden and responsibilities of site management and administration has yet to be achieved. Seek every opportunity to upgrade and consolidate existing facilities. co -occupancy and/or recombination of existing facilities will be stressed. Encourage all existing facility owner/users to plan for the future. Any improvement or expansion that can be foreseen within the next 5 to 10 years facility needs to be made known to us so that existing users, needs can be properly considered in the light of new proposals. Require applicants of new construction to consider accommodating other compatible tenants in the design of building and towers. Seek opportunities to consolidate users having similar requirements and needs for space, such as, inviting federal users into one structure, State users in another, etc., or design a special structure to house receivers only. 51049© IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIpage. 7.7 of 05%25D 00008004 0.00 51L.vIA DAVIS PITKIN GRUNT Y Co x VICIRIty map 2a ,F n\! CnhYon'.Gr x /i School. S 0\ C Chairs x n \ }. 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Fsn ' r - os s u i' % u to /ssQ Czoc a.:_\Pial SM (] c ¢,.Ol 1L Il ° fj> Ma it rz / `,p aA FIELDS= ees °'a CO 'm -�' .z G',yRFIE_LI�_ e�eEi M e h - . canon me, yCO,�'1>, Marion �6saR I aen.IMESA c oma coj ,� PIT KIN- y _'r' COMaro� Co¢p. le > x�aCr a O ens c u e le k 4 " MiOtllep 1 : uman Ginri9h/ Gr -QYC - 10236 Air- J 6 Mne� lots 10 ,,a C, o i*% x' x}\\ _'v 4'" on Id Yank Ci CoU eAP / 1 \ - 6w Camel- xl� n x. \ Is, 11r° r A Cr i J ( Sr R 1 ?, h s (_ Marias Well W6 -Parr<. iNorh ao Lambert sa - zexF. It'd 1 }e \zs a 21 ]o Ga,el PIeseo Park iCak X Place r- fl n'�/ G �as WellDrillHole l/Gas WNI----' - - hompson Crno J]s Di ]] IIIIIII IIII IIIIII IIII VIII IIIIII VIII III IIIIIII II IIil O Page: 9 0D 9© 08004 �� t Ir Ares Ma 1 � I�(I)r lid o ;I 1 J I IIA r t �A �i 11 r� lev�v 1 \\ Jt \ \ i000 Ra010 SUP Alrwa� onB210 - - 9l cc V 951011: 9pPo IAH �s 1)111 f\'�J \ \•� 160 0 N A R E F o u r 1n, i t CD r rn� r m _ pOp m -3.S ht IAre J� '� I I l 9�` I r• ,,- i11t - z ! U Scale p GN AIN i y O MILE - a 1000 0 1000 2000 3000 a 000 ` 6000 7000 FEET I ia• N a 1 5 G 0'$a' 16 MIL$ /3a9 MRS 1 KILOMETER O > )q J N V df+� M6Hii sLl 0�311etl� ,OOZ = .,l l0/HZ/9 W o Nv3a tHonNns U F , ). a.va dvw ,;via In Y9.dy)v 33S �I^ liz, oanoo il� od'Ji 11 aA M 3a �, „,,,d, 3�OV3 ac oavao�oo oa.roo,00 's��lad� doom«a,� < d' 13 0 x .«3p..wa � J.O 2j3 N3 SSO'JO .I�OH F CC> n 'oma Authorization ID: SOP132 FS -2700-4a (05/03) Contact ID: PITCO_TRANS OMB 0596-0082 Expiration Date: 12/31/2034 Use Code: 808 U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE COMMUNICATIONS USE LEASE AUTHORITY: FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976 PITKIN COUNTY TRANSLATOR DEPARTMENT of 76 SERVICE CENTER ROAD, ASPEN, CO 81611. THIS LEASE, dated this 1-7 day of Nom, 2004 by and between the UNITED STATES OF AMERICA, acting through the Forest Service, Department of Agriculture (hereinafter called the "United States" or "Forest Service"), as authorized by the Act of October 21, 1976, (90 Stat. 2743; 43 U.S.C. 1761, et seq.), and PITKIN CO. TRANSLATOR DEPT., its agents, successors, and assigns (hereinafter called the "Lessee"). The United States and the Lessee are jointly referred to herein as the 'Parties". As used herein, the "Authorized Officer' refers to the Forest Service official having the delegated authority to execute and administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the Forest Supervisor or District Ranger of the White River National Forest wherein the following described lands are located. - The United States, for and in consideration of the terms and conditions contained herein and the payment of the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County of Garfield, State of Colorado, Sec. 19, T. 7 S., R. 89 W., 6TH PRINCIPAL MERIDIAN (hereinafter called the "property'). The Lessee accepts this lease and possession of the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and termination of a LOW POWER TV/FM BROADCAST TRANSLATOR communications facility. The location of the property is shown generally on the site plan dated MARCH 24, 1998 for the Sunlight Peak Communications Site, which is attached and made part hereof as Exhibit A. The dated and initialed exhibit(s), attached hereto, are incorporated into and made a part of this instrument as fully and effectively as if they were set forth herein in their entirety. The parties agree that this lease is made subject to the following terms and conditions. I. TENURE, RENEWAL AND TRANSFERABILITY A. This lease shall terminate at one minute after midnight on December 31, 2034. Termination at the end of the lease term shall occur by operation of law and shall not require any addition notice or documentation by the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease pursuant to Paragraph "C" below. B. The Lessee shall undertake and pursue with due diligence construction and operation that is authorized by this lease. To the extent specified in Exhibit n/a operation shall commence immediately. This lease shall terminate if operation does not commence by that date, unless the parties agree in writing, in advance, to an extension of the commencement date. C. If the Lessee desires a new lease upon termination of this lease, the Lessee shall notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer shall require payment of 590491 2a I lllIIPIIIII IIIIIoIIIIIIIIIIIIIIIIIIII1I1lI0a Page: 30 VIII II IIIIII (IIII IIII IIIIII illil III 05/25/2005 09:57..SILVIA SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 any amounts owed the United States under any Forest Service authorization before issuance of another authorization. D. This lease is assignable with prior written approval of the Authorized Officer, except when the rental has been waived in whole or part. Renting of space does not constitute an assignment under this clause. II. RENTAL A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual adjustments using the Consumer Price Index - Urban (CPI -U), changes in tenant occupancy, or phase-in rental, if applicable. B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or revisions thereto, and direction in FSH 2709.11, chapter 30. C. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any rental amount not paid within 30 days from the date the rental or rental calculation financial statement specified in this authorization becomes due. The rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury (i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the. Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act rate. Interest on the principal shall accrue from the date the rental or rental calculation financial statement is due. In addition, an administrative penalty at a percentage rate prescribed by law or regulation will be assessed for failure to pay any portion of the debt that is more than 90 days past due.- This paragraph shall survive the - termination or revocation of this lease, regardless of cause. - D. Disputed rentals are due and payable by the due date. No appeal of rentals will be considered by the Forest Service without full payment of the disputed amount. RESPONSIBILITIES OF THE LESSEE A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and shall charge each customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The Lessee shall impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15 of each year, the Lessee shall provide the Authorized Officer a certified statement listing all tenants and customers, by category of use in the facility on September 30th of that year. B. All development, operation and maintenance of the authorized facility, improvements, and equipment located on the property shall be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required by the Authorized Officer, all plans for development, layout, construction, or alteration of improvements on the property, as well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans must be approved in writing by the Authorized Officer before commencement of any work. After completion, as -built plans, maps, surveys, or other similar information will be provided to the Authorized Officer and appended to the communications site plan. C. The Lessee will comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other agent of the United States, to inspect the premises. A failure by the United States, or other governmental officials, to inspect is not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel against the United States. The Lessee shall at all times keep the title of the United States to the property free and clear of all liens and encumbrances. D. Use of communications equipment is contingent upon the possession of a valid Federal Communication Commission (FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization, and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or authorization shall at all times be maintained by the Lessee II II II I II II II I I II VIII I II I I II 05/25/2005 510490 04of 90 00 04 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 for each transmitter being operated. The Lessee shall provide the Authorized Officer, when requested, with current copies of all licenses for equipment in or on facilities covered by this lease. E. The Lessee shall ensure that equipment within his or her facility (including tenant and customer equipment) operates in a manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the Federal Communication Commission (FCC) determines that the Lessee's use interferes with existing equipment, the Lessee will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC official. F. When requested by the Authorized Officer, the Lessee will furnish technical information concerning the equipment located on the property. IV. LIABILITIES A. The Lessee assumes all risk of loss to the authorized improvements. B. The Lessee shall comply with all applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility, improvement, or equipment on the property. C. The Lessee shall indemnify, defend, and hold the United States harmless for any Violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United States in connection with the Lessee's use or occupancy of the property. The Lessee's indemnification of the United States shall include any loss of personal injury, loss of life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification shall include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types_of abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This paragraph shall survive the termination or revocation of this lease, regardless of cause. D. The Forest Service has no duty, either before or during the lease term, to inspect the property or to warn of hazards and, if the Forest Service inspects the property, it shall incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph shall survive the termination or revocation of this lease, regardless of cause. E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of the United States. F. In'the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable notice, cure the breach for the account at the expense of the Lessee. If the Forest Service at any time pays any sum of money or does any act which will require payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs and damages shall, at the election of the Forest Service, be deemed to be additional rental hereunder and shall be due from the Lessee to the Forest Service on the first day of the month following such election. V. OTHER PROVISIONS A. Nondiscrimination. The Lessee shall at all times operate the described property and its appurtenant areas and its buildings and facilities, whether or not on the property, in full compliance with Title Vl of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date this lease is granted to the end that no person in the United States shall, on the grounds of race, sex, color, religion or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the programs or activities provided thereon. B. Revocation, Termination and Suspension. 111111 VIII 111111 111111111111111111111111111111111115104gPae: 5 SILVIA DAVIS PITKIN COUNTY CO R 0. 00 D �° 08 III VIII IIIIII III III VIII IIIIII III Page: 9 09:571 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 04 1. General. For purposes of this lease, termination, revocation, and suspension refer to the cessation of uses and privileges under the lease. "Revocation" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest. Revocations are appealable. "Termination" refers to the cessation of the lease under its own terms without the necessity for any decision or action by the Authorized Officer. Termination occurs automatically when, by the terms of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration. Terminations are not appealable. "Suspension" refers to a revocation which is temporary and the privileges may be restored upon the occurrence of prescribed actions or conditions. Suspensions are appealable. 2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of two (2) years. 3. Except in emergencies, the Authorized Officer shall give the Lessee written notice of the grounds for revocation or suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After 90 days, the Forest Service is entitled to such remedies as provided herein. -- --- 4. This lease may be revoked at the discretion of the Forest Service when in the public interest. en revoked in the public interest, the Lessee shall be compensated subject to the availability of appropriated funds. Compensation shall be based upon the initial cost of improvements located on the lease, less depreciation as allocated over the life of the improvements as declared by the Lessee's Federal tax amortization schedules. 5. Any discretionary decisions or determinations by the Authorized Officer on revocation or suspension are subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. 6. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the Authorized Officer and the Lessee shall, within six months prior to the termination date of this lease, agree upon a mitigation plan to restore and stabilize the site. 7. Upon termination or revocation of the authorization, delinquent fees and other charges associated with the authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the following conditions: a. Administrative offset of payments due the holder from the Forest Service. b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1). c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720, et seq.). In the event this lease is revoked for noncompliance, the Lessee shall remove all structures and improvements within 365 days, except those owned by the United States, and shall restore the site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the Authorized Officer. If the 11 Lessee fails to remove all structures or improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner shall benefit from this lease whether directly or indirectly, except when the lease provides a general benefit to a corporation. D. Reservations. This lease is granted subject to the following reservations by the United States: SIII IIII II III II I oll l l l 11 VIII IIII 0 510490Page: 9 D H 5:04 0 4 UNTY CO R if 1. The right to all natural resource products now or hereafter located on the property unless stated otherwise and the right to utilize or dispose of such resources insofar as the rights of the Lessee are not unreasonably affected. 2. The right to modify the communications site plan as deemed necessary. 3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease. 4. The right of the United States to require common use of the property, and the right to authorize use of the property for compatible uses, including the subsurface and air space. In the event of any conflict between any of the preceding printed clauses or any provisions thereof and any of the following clauses or any provision thereof, the preceding clauses shall control. E. Protection of Habitat of Endangered Threatened and Sensitive Species (X8). Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, derived from ESA Section 7 consultation, may be shown on a separate map, hereby made a part of this authorization, or identified on the ground. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the authorization holder. If protection_ measures prove`inadequate,_ if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, the authorized officer may specify additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party. F. Superseded Authorization (X18). This authorization supersedes a special -use authorization designated: SOP102603. G. Disputes (X96). Appeal of any provisions of this authorization or any requirements thereof shall be subject to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto. H. Utility Installation (R2 -B-2). The installation of systems to handle utilities such as water, sewage, electricity, and natural or liquefied petroleum gas, must conform to national, state, local, and industry standards. I. Site Plan, Existing Authorization (R2 -C-2). Existing authorized land and structural improvements are shown on the Site Plan titled Sunlight Peak Communications Site Plan, and dated March 24, 1998, which is attached hereto and made a part hereof. J. Noxious Weed Control (R2 -D-8). The Holder shall take all reasonable precautions to prevent the introduction, establishment, and spread of noxious weeds on lands covered by this authorization and adjacent thereto. 11111 Jill IIJ' 5 e: 5 s ee 57 SILVIA DAVIS PITKIN COUNTY COR 0.00 D 0.00 IIIIIIIIIIIIIIIII�IIIfIIIIIIIIIIIIIIIIIIIIIIII�llllllll Page: e: 7 of ee ©` NTY Go R 6.00 D 0.00 I ACCEPTED this I j day of 1 v " f , 2004, 1 the undersigned have read, linderstand and accept the terms and conditions of this lease. Lessee IN WITNESS WHEREOF, the Forest Service, by its Authorized Officer, has executed this lease on the day and year first written above. UNITED STATES OF AME '(-�— 4 WALLACE B. WESTBR K Forest Service Department of Agriculture According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection -of information unless it d_ ispla_ys_a valid OMB control number. The valid OMB control number for this information collection is 0596-0062. This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the Secretary of Agriculture to promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archaeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing these authorizations. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspectionreports; and an average of 1 hour for each request that may include such things as reports, logs, facility and use information, sublease information, and other similar miscellaneous information requests. This included the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, including suggestions for reducing this burden. 510491 1IIIIIIIIIII1111111111 IIIIII11111111111111059/25/ 0. 0 9.57 SILVIA DAVIS PITKIN COUNTY CO R 0. 00 111EIIEl 111111 I1I 111111111111 I11 ill 11111111 ms9O49©008:04 101 _ohm Sunlight Peak Site °3 Site and Elevation Plan v Pitkin County FM/TV Translator Department I - / -- --/ - - /-- L 1Llllil v ♦ ��' 1.1611y 16 LU1 Sunlight Peak t x G7 QJ 1111111 IIIII111111 IIIII Iiill 111111 IIIII III IIIII Iill IIII 5 /255ng 5 09:57 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 I i 510490 SIII I Ilia III II T I I Collivl I II III II 1111 059/25/0 00008:041 800 / / E'Xu�SrT A SUNLIGHT PEAK COMMUNICATIONS SITE PLAN ROCKY MOUNTAIN REGION WHITE RIVER NATIONAL FOREST SOPRIS RANGER DISTRICT Prepared By: Sunlight Peak Users Association 3223/98 ,�/J Date Recommended By: /,./ N`" '"' "`�' 111y� 3S !� �i— District 7Date Ranger Approved By:(/ 3�27,,C• /'�L,1d/[ � 7a .7 P*IForest Supervisor Da e IllilllVIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIIIO 0590495 09:57 SILVIA DAVIS PITKIN COUNTY CO R 0. D 0.00 IIIIII VIII IIIIII VIII VIII IIIIII VIII III IIIIII III IIII 0 08 Page: fa04 SILVIP DAVIS PITKIN COUNTY CO R 0.00 0 0.00 TABLE OF CONTENTS TITLE I. Introduction II. Current Site Factors A. Background B.. Environmental Factors III. Current Site Management A. General Site Policy B. Policies/Procedures/Standards I. Site Development/ Standards a. Limits of Development' b. New Facility Development Priority 2. Applications and Plans a. Association Role b. Kinds of Actions Requiring Submittal of Applications - ---- =3:---Construction-Activities- -— -- ----- - - - -- _- - - 4-. Access -Roads - 5. Utilities a. Electrical Service b. Grounding System C. Lightning Protection d. Other PAGE tl 1 1 2 3 3 4 6 6 6 6 6 7 9 9 9 9 9 9 I IV. Technical Standards 10 A. Required Data -Records 10 . B. Excavation, Trenching/Drilling Blasting 10 C. Building Requirements/Codes/Standards 11 D. Antenna Support Structures/Towers - 11 E. Electronic Equipment 11 1. Antennas 11 2. Transmitters 12 3. Receivers 12 4. Transmission Lines 12 S. Interference - 12 6. Technical Standards Compliance 13 7. Housekeeping 14 V. Permit Administration 14 A. Processing of Application Permit 14 B. Permit 14 C. inspections 14 VI. Future Development and Operaticn 15 I. Appendices - A. -General Location Man B. Site Map IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII�IIIIIIIY III�III Page: 12 ofo30aa DO e: 0. 00 D 0.00 Sunlight Peak Comm Site Plan I. INTRODUCTION Page 1 This plan for management of the Sunlight Peak Communications Site was developed for the following purposes: --Organize and present up-to-date status of site improvements and permitted facilities. --Document current site management strategies, policies, procedures, and standards. --Present a program for future growth, development and operation within the site. The primary objective of the plan is to develop a working plan: --That will provide procedures for management of the site now and in the future; --That will assist the site user in applications, modifications, and compliance procedures; --That can guide and record changes and improvements thereby maintaining up-to-date status of the site; --Assist in planning for the future. -IS. -CURRENT-SITE. FACTORS- A. BACKGROUND The Sunlight Peak Communications Site, hereinafter referred to as "the Site" was officially designated by the Regional Forester in the 1985 White River National Forest Land and Resource Management Plan. This designation set aside a specific area for electronic communications systems and facilities. The site consists of three distinct areas: * The majority of the facilities are located on the ridge top situated on National Forest System lands. * The northwest corner of the ridge top is situated on public lands administered by the Bureau of Land Management. The Forest Service manages the two facilities located on the BLM lands as agreed to in a signed Memorandum of Understanding. * A high power broadcast facility is situated approximately 1/2 mile southeast of the ridge top on National Forest System lands. The site was first established as an aircraft visual navigation beacon site by the Civil Aeronautics Administration in 1946. Commercial power was extended for the first telecommunications facilities in 1952. Over the ensuing decades facilities proliferated to the, present count of seventeen individual facilities. No new facilites have been constructed since 1985, except for upgrade and replacement of existing facilites. Equipment currently utilized at the ridge top site includes microwave, conventional and trunked two-way radio, telemetry radio, radio paging, amateur radio, and low power. broadcast FM and television. The high power broadcast location established in 1983 includes a 20,000 watt channel 3 television transmitter and an 8,000 watt 92.7 MHz FM radio transmitter. II II III II I I II I VIII II I I II 05// 005f 30 08:04 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 B. ENVIRONMENTAL FACTORS (FACT SHEET) Site Description -Legal: Sections 19 and 30, T.7 S. R.90 W., 6th P.M., Garfield County. Page 2 R.89 W., and Section 24, T.7 S., General Location: See general location map (Appendix A) Site Map: Cattle Creek Quadrangle Center Mountain Quadrangle (Appendix B) Access: Via the Four Mile Road, (Garfield County Road 117), to Forest Development Road 300. Approximately two miles from the National Forest Boundary, Forest Development Road (FDR), 318 begins to the north. Access on FDR 318 requires a high clearance vehicle. A tracked vehicle or helicopter is necessary for winter access. Size and Configuration: Sunlight Peak has an elevation of 10,584 feet, and the electronic site is located -in -a mountain bunchgrass park locaEed-oiithe summit. This park is ---surrounded by a -mature stand of spruce -fir timber. -- _- The size of thesiteis approximately 22 acres on two ridge tops. The main site located on the west ridge top runs approxmately north and south, and slopes off gradually to the east and sharply to the west. Geology and Heritage Resources: Bedrock geology is a tertiary basalt flow which caps the top of Sunlight Peak. The basalt flow is stable on the gently sloping west and east ridge tops. Sunlight Peak itself is mapped as an inclusion in the Doughspon[Pfamily, 40-60% slopes. This unit is typically used to characterize tr m ecological land units having aspen on montane, south facing slope and , `o m ino landslide scarp faces and mountain slopes in soft sedimentary rock. 01 a Go N O © d N T OI \ LD a m m m m z 0 u z U a 0 a J In 1990 Sunlight Peak was surveyed for heritage resource sites with negative results. Climate: -Annual average precipitation is 30 to 35 inches from winter snow (drifts 10+ feet in some locations) and intense summer thunderstorms. -Normal Snow free construction period: June through October 15. -Average expected frost free period (estimated): Ranging from no frost free days to a brief period between June and August. -First snows: September to October -Heaviest accumulation: January through March. Temperature range: Highest - August, upper 70's; Lowest - February, below 0. -Frost line (estimate): 6 feet. -Winds: Range 0 to 100 mph, prevailing wind direction: southwest. -Tower Icing: Minimal (6" to 12"), accumulations of rhime ice have been observed. illllllVIIIIIIIIIIIIIINIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIO Page: 4g 04 O SILVIA DAVIS COUNTY CO R 0 8of 0 I �� Sunlight Peak Comm Site Plan Page 3 III. CURRENT SITE MANAGEMENT A. GENERAL SITE POLICY The primary objective for managing this communications site is to strive for compatible uses at a level acceptable to the majority of site users, ...ensure efficient site use, and ensure that the activities do not degrade the environment". (from FSM 2726, Interim Directive No. 47, WO, 10/15/85). The high power ridge top to the east is approximately one half mile horizontally from the western ridge top site. Although less than ideal for separation from low power users, coexistence has generally been acceptable. This horizontal distance does not meet the recommended minimal one mile separation for low and high power uses. Historically the western ridge top site has been used for two-way communications (less than 100 watt output), and microwave. There have never been any high power broadcast transmitters on the western ridge top. High power communications on this ridge top would reduce the effectiveness of the site for existing and _ future land mobile, microwave and other low power communications. Based on_the highest and best use of the site restricting the west ridge top site to low powertwo-waycommunications is -the best alternative for the management of this site. This is based on the demonstrated need to have minimal potential for interference or degradation of signal from high power or broadcast transmissions. Case history and technical information strongly directs separation. While there is evidence to support that there are technical mitigation measures available which would minimize potential interference problems, evidence from sites which contain co -location of broadcast and two-way uses have poor track record of resolving such problems in an equitable and timely manner. Forest Service regulations (FSM 2728.12 Clause X-60) requires that other users at an electronic site "shall not interfere with U.S. Government radic or electronic operations already in existence on National Forest land within two miles".- The potential for interference would exist if high power broadcast transmitters were permitted on the west ridge top. some of the basic objectives for managing the western site ridge top in the future include allowing and planning for low power two-way communications uses. These uses include but are not necessarily limited to land mobile radios, specialized mobile radios, microwave, 800 trunking and cellular phones. Current users of the west ridge top site include Federal, State, and local government agencies, public safety agencies, utilities, transportation, and other entities that depend on reliable reception of weak signals that could be jeopardized by excessive transmit power levels from potential broadcast users of the site. Because of the emergency communications involved with these users, the possibility of interference or a weakened signal as a result of allowing high power or broadcast transmitters is not acceptable. AUTHORIZATIONS: The "Act of October 21, 1976, (43 U.S.C- 1761) or Federal Land Policy and Management Act (FLPMA)", authorizes the use of National Forest System lands for electronic transmission and reception purposes. Building owners must hold a -valid special use authorization- Non -Federal operators of electronic transmission equipment must hold a valid frequency assignment or license from the Federal Communication Commission (FCC). Federal agency operators must hold a valid frequency assignm=ent or Sunlight Peak Comm Site Plan Page 4 authorization from the National Telecommunications and Information Administration (NTIA). B. POLICIES/PROCEDURES/STANDARDS Safety: The safety of authorized personnel within, and any public visiting the surrounding attractions is a major management concern. Public Safety: The site is open to the public via foot and horseback. There are locked gates with appropriate closure and an explanatory sign at the road intersection of the two sites. - Authorized Personnel Safety: It must be recognized that the site contains known and unknown hazardous conditions. Some of the hazardous environments known to exist are: Climatic Electrical Electromagnetic Physical Chemical It is the responsibility of authorized personnel to become knowledgeable of said hazardous conditions and environments, and to take necessary actions to minimize or eliminate any harmful effects therefrom._. Environmental Safety: Recognizing the potential impact of non -ionizing radiation on both those who work on and visit the site, radiation of energy at levels whichmayexpose such persons to.more than one milliwatt per square centimeter (30 to 300 MHz range) is prohibited in any areas accessible by the general public. The National Environmental Policy Act of 1969 (NEPA) requires all federal agencies to ensure that the environmental effects of their action are given appropriate consideration. The FCC has specified that American National Standards Institute (ANSI) "Radio Frequency n Protection Guides" (ANSI C95.1 - 1982) will be the guideline for ry m determining acceptable human exposure to non -ionizing radiation level: w o m All applications for new facilities, modifications to existing r oo m a m facilities, and renewals submitted to FCC must specify that the RF N o radiation of the facility operation will not have a significant impact v N on the human environment. mv� a 0 m Protection of Resources: Other resources, uses, and activities of the m National Forest occurring in the vicinity must be impacted as little as o: possible by presence of the site. No material shall be disposed of by burning in open fires. All motorized equipment and machinery shall be equipped with spark arresters. g Wildlife: Substances known to be hazardous to wildlife or livestock will �o be stored in buildings or removed. Pesticides and herbicides will be usec only in strict conformance with applicable regulations. Prior approval z 'may must be obtained from the Forest Officer. Wildlife will not be purposely k a attracted to the site. Garbage and other possible attractants will be removed. 0 a Visual Quality Considerations: (VQ) The following standards and requirements are designed to assure minimal visual detraction as viewed from the outside and to promote standardization of hazard and safety markings and adherence to environmentally suitable texture and color treatment of facilities within the site: l� Sunlight Peak Comm Site Plan Page 5 Lighting: No lighting will be authorized that is visible day or night I rom outside the site, except for FAA required lighting and color schemes to be specified on an as - needed basis. The Forest Service has final approval in this matter. External equipment will be designed or treated to avoid light reflection. New proposals and modifications will be evaluated in terms of minimizing overall visual impact to the skyline and immediate surroundings. Guidelines for use on the site are the following: All equipment that requires protection from weather (electronics, generators, batteries, etc.), shall be installed in approved equipment shelters or buildings. Exterior equipment cabinets, old freezers, sheds, etc. will not be acceptable for use at the site - Pre -manufactured equipment shelters may be utilized provided they are designed and manufactured specifically for the use intended, and are in compliance with applicable building code requirements. l7 Mobile generator housings, cargo trailer, shipping container boxes,- military vehicle bodies, -or -other semi-mobile devices -will--- ---- _.-_.. not be .acceptable- for use -at _the site. Masonary construction (concrete, block, stone), shall be the preferred method of construction for its inherent structural strength, low maintenance, sound absorbtion, bullet resistance, d. o m and fire protection. rom m (� om m X All exposed surfaces shall be painted either Sherwin Williams N o., Licorice Stick SM -80-23 or Federal Standard 59SE-34086. With Q m N approval from the authorized Forest Officer, exposed surfaces may Lo n m be permanantly colored a dark non -reflective natural color (is: o' exposed aggregate stone, dyed cement etc.) �m Antenna support structures shall be painted the above referenced m color, dulled galvanized (acid dipped), or self weathering steel. o r 000 0) NEEEEEE mm Microwave antennas and radomes shall be painted the above ® v0 �. referenced color. Teglar or similar flexible radome covers shall r N LO ��r.. utilize the closest compatible color available from the u m m manufacturer. 0 SRE!9M U a. Small vertical or directional antennas may be any color. Y ti E n Aviation orange and white shall be utilized when mandated by the FAA, and approved by the Forest Service. a ¢�� J Flat, reflective and/or illuminated surfaces such as window panes, z m - shiny sheeting, etc,- shall be avoided. �z � y New proposals and modifications will be evaluated in terms of a providing conformity for overall site appearance, and adherence to uniform safety color code in such manner that will least detract a from the scenic quality of the immediate natural surrounding. Hazard warning devices will be used when and where needed. > N l7 Y F n N J Sunlight Peak Comm Site Plan Page 6 Approved color code for on-site hazard warning: Object markers. ................ Yellow and black stripe Construction signs.............orange background Warnings ........................Yellow background Regulatory .....................White background Soils/Watershed: Plans for new construction or modifications shall provide for restoration of disturbed areas and for proper handling of run off from buildings, parking areas, access roads, and undeveloped related interspaces. _ Plans for new construction and major reconstruction that result in the removal of vegetation and/or disturbance of the ground shall specify provisions for site rehabilitation measures including but not limited to soil replacement (new cover if necessary), stabilization, reestablishment of vegetation, monitoring and treatment of noxious weeds, etc. A site rehabilitation plan must be submitted to and approved by the authorized Forest Officer, with the application prior to any disturbance taking place. Forest Service must pre -approve removal of trees. -- Recreation -and Other Uses:. Site development will _consider visual and auditory impacts to others using nearby areas. (Also see Public Safety and Visual Quality). ROS class at the site is Roaded Natural. 1. SITE DEVELOPMENT/SPACE MANAGEMENT: CRITERIA/REQUIREMENTS/STANDARDS a. Limits of Development: Development of facilities will be confined within the established limits of the site as shown on Appendix B. High power (greater than 300 watts output) and broadcast transmitters will not be located on the western ridge top. Low power applications (less than 300 watts output) can be located anywhere on the site; however, the emphasis will be to maximize cc -location. b'. New Facility Development Priority: The primary management objective in approval of new site development is to maximize use of existing space. Following is the order of priority for selection (by application) and awarding (by Forest Service) of new and revised permits: Priority Item 1. .... .... Occupancy of existing buildings, towers, etc. 2. .... .... Recombine buildings and towers (result - reduce total number of buildings and towers). - 3. .... .... Recombine towers only (use same building and design new antenna support structure to consolidate antennas) 4. .... .... Recombine buildings only. 5. .... .... Occupancy of existing tower - new building. 6. ..._ .... Occupancy of existing building - new tower required. 7. .... .... New facility. Facility criteria and requirements may be found under Visual Quality 2. APPLICATIONS AND PLANS a. Association Role: The site plan shall be attached and made part' of al Special Use Permits. The User's Association is established and membershi Sunlight Peak Comm Site Plan Page 7 shall be a condition of site occupancy. The objective of this Association shall be: 1. To represent the permittees as a group in dealings with and making recommendations to the White River National Forest on matters relating to the communications site use and occupancy. 2. To work in cooperation with the Forest Service in maintaining good engineering practices, interference reduction, personnel safety, snow removal, maintenance, protection, and use of the road. 3. To do any and all things lawful, just, and necessary to further the interests of this Association in developing and improving the use of the communication site. The Association goal shall be to maximize effective use of facilities that are; and may be located on the site. .b_ Rinds of Actions Requiring Submittal of Applications: Submission of applications for authorization to occupy new or existing facilities will be --required in. all -hof_ the. following -.cases-:- ---- - - - - -- ----- ----- - - - - ---- -Major _change -in size, shape (silhouette) of building.- -Major change in size, shape(silhouetteor "density") of antenna support structure. -New building. -New antenna support structure. Submit Applications to: Sopris Ranger District P.O. Box 309 Carbondale, CO 81623 Information Contact: Lands Forester or Assistant District Ranger Telephone: (970) 963-2266 Application --Requirements and Planning Criteria: Applications shall include as appropriate: ** Applications Form: FS -2700-3 and "Additional Data Sheet" ** "Need to occupy" justification statement ** FCC license, construction permit, frequency assignment station license, etc., or NTIA/IRAC Authorization. ** Technical Data Sheet Form(s): FS -2700-10 ** Complete site layout plan, building plans, and construction details by a registered professional engineer. ** Electrical plan ** Manufacturer specifications of proposed tower, antenna supporting structure, and/or antenna(s) including site specific design criteria and structural analysis. ** Site rehabilitation plan ** Tower base details including cross-section concrete strength, reinforcing, grouting material, anchoring methods and device. ** Proposed maximum cross-sectional loading of antennas and attachments. ** Primary contractor (name, address, telephone number) ** Timetable for completion. All electronic site permits shall be required to have clause X-60 (FSM 2728.12) as part of the permit. This clause specifies that "The operation of the equipment covered by this permit shall not interfere with United State Government radio or electronic operations already in existence on National Forest land within two miles of the site to which this permit refers. The permittee shall at its own expense take all action necessary Iq Sunlight Peak Comm Site Plan Page 8 to prevent or eliminate such interferences. If it does not eliminate such interference within ten (10) days after receipt of notice from the Forest Service to do so, this permit may be terminated forthwith. 11 New applicants must assure that existing users, operations will not be significantly affected from operation of the new or modified facility. Should an existing operation experience unacceptable interference because of the construction/modification/operation of a facility, it will be the responsibility of the offending party to correct the situation immediately. Submittal of an application does not guarantee occupancy and use of a facility. Applications must be complete in regard to required detail before the proposal will be officially considered. New applicants will be required to secure such written agreements from all parties involved as might be needed to co -join or singly occupy an existing or new facility. Plans for construction, major modification, etc., are required as part of the application process. These plans must be accepted and approved by the -Forest Service. Appropriate building codes will be observed Applicants may be requested to provide certain technical information which Copies of required inspections, as evidence of their completion are to be provided to Sopris Ranger District either as they occur or as part of the final as -built plan. A final set of as -built plans will be submitted to Sopris Ranger District within 30 days of acceptance of structure (if contracted) or of completion date. will be published in a notification to the other site users. v m m .. s New applicants may be required to assume certain costs for modification, p On s m improvement or site development above and beyond their immediate needs in ¢ N N mo order to be accommodated at this site. 6rairy u Lo ,a The Forest Service reserves the right to solicit development of specified o m facilities through issuance of a prospectus (to a successful bidder) or m cooperative agreement with Users Association or other agency. A single s permit authorization for the site issued to the Association is to be a encouraged. Applicants will be required to perform all necessary background work and coordination toward perfection of their application. o U T i 3. CONSTRUCTION ACTIVITIES, INSPECTIONS, ON-SITE COOPERATION 0 U Inspections for construction and modification as required by the State or 'L` County and are the responsibility of the permittee such as, but not limiter a to, the following: w > Foundations Structural a � Electrical Mechanical N Plumbing Copies of required inspections, as evidence of their completion are to be provided to Sopris Ranger District either as they occur or as part of the final as -built plan. A final set of as -built plans will be submitted to Sopris Ranger District within 30 days of acceptance of structure (if contracted) or of completion date. Sunlight Peak Comm Site Plan 4. ACCESS ROAD: REQUIREMENTS, STANDARDS, USE, MNTC., Pace 9 Forest Development Road 316 shall be maintained by the Forest Service and the Association. It shall be the responsibility of all site users to cooperatively work towards ensuring adequate access on these roads by minimizing trips during inclement weather. Access road speed limit is set at 15 mph maximum. Permittees who cause damage or disturbance to the access road, including ditches, culverts, roadside vegetation, signs and underground utilities/facilities, will be required to make restitution to conditions equal or superior to exceeding those prior to time of damage. Temporary storage of construction materials alongside the road pull outs and parking areas will require preapproval by affected neighbors and the Forest Service. 5. UTILITIES All new utilities are to be installed underground. It is the applicant/permittee's responsibility to arrange for utilities. a. Electrical Service: All electrical facilities, equipment, and their installation shall conform to the then current edition of the National Electrical Code and requirements of the State of Colorado. All permanent AC wiring shall be installed in metallic or. PVC conduit. All new service entrances shall be installed underground. b. Grounding Systems: It is to the benefit of each site occupant to maintain an industry standard site grounding system. It is recommended that all towers, buildings, and equipment be properly bonded to a common site ground constructed with #2 AWG or larger copper wire bonded to an adequate copper electrode system. All buried joints should be welded or crimped, and all tower guy wires grounded by the method recommended by the manufacturer. c. Lightning Protection: Every effort should be made to protect the equipment from lightning damage. Feed through lightning protectors should be used on all coaxial cable connection to equipment enclosures. Gas gap and MOV protectors should be used on all control/audio and power lines. d. Other: Liquified petroleum (LP) niel tanks and gas lines should be placed underground. As building owners upgrade their facilities, their tanks shall be buried. Buried location will be permanently marked (set off) with appropriate bright yellow posts. -he National =ire Code, published by the National Fire Protection Association contains requirements for storage of flammable and combustible Sunlight Peak Comm Site Plan Page 10 materials. All users on the site shall be required to adhere to the latest edition requirements of this code. IV. TECHNICAL STANDARDS A. REQUIRED DATA -RECORDS The following data shall be required for all installations and shall be kept on file with the Sopris District. It will be the responsibility of the permittee/applicant to ensure the accuracy of the filed material. All plans shall employ a 1" = 50' scale or smaller. Site Layout Diagram, to include: Complete and detailed layout, including all improvement and facilities. -Buildings - -Antenna Support Structures -Parking, access spurs -Utilities, major vegetation, topographic changes, etc. -Certified Architectural Plans, Engineering Drawings, Load/Stress Analyses, Manufacturer's Specifications, etc., for buildings and antenna__s_upport_structures. -Transmitters -Receivers -Protective devices (cavities, isolators, filters, etc.) -Switching devices (antenna changeover devices, directional couplers, etc.) -Number and types of antennas installed (to include spare or standby antennas and their terminations, types, and lengths of transmission lines.) � New Construction: All new construction, reconstruction, or major n N N m 0W modification shall conform to the established technical standards and �.- m one (� accepted engineering practices, and shall bear the certification of a T O 0 m Q] m o m 61 N m m Registered Professional Engineer. N N � d N N O Q 610 N N m The information tabulated above shall become a permanent part of the T Q Lf7 a" m Loa o applicant's file. m m m m m m B. EXCAVATION, TRENCHING/DRILLING/BLASTING Blasting, if properly planned, coordinated and executed, is permitted within site. Compliance with industry standards plus attention to reasonable requests for added protection from potentially affected permit U v holders is expected. Consulted Bureau of Mines Bulletin: "656 -BLASTING z z VIBRATIONS AND THEIR EFFECTS ON STRUCTURES, and Technical Progress Report u 0 0 INSTRUMENTATION" for BLAST NOISE STANDARDS AND INSTRUMENTATIONfor detailed information zconcerning blasting. z Y Y F R a Special care must be taken to avoid disturbance to existing structures > above and below ground. >¢ o ¢ o ¢_ a Disposal of excess excavated materials:' Contact the Sopris Ranger District > for location of site to dispose of excess materials. In most cases these N materials can be used as fill material within the sites.. Plan and coordinate temporary placement of bagk dirt so that traffic blockage and other inconveniences are minimized. Sunlight Peak Comm Site Plan C. BUILDINGS: REQUIREMENTS/CODES/STANDARDS Page 11 All buildings and structural foundations shall conform to the current edition of the Uniform Building Code and/or the requirements of the local authority having jurisdiction at the time of construction. D. ANTENNA SUPPORT STRUCTURES/TOWERS All towers shall comply with the then current EIA/TIA-RS-222 standard. All metallic materials shall be galvanized, stainless steel or plated. Dissimilar metals shall not be placed in contact with each other in such a mannner that a potential for galvanic junction exists. Anti -climb measures on each tower are highly recommended. All guy wire installations shall be installed with respect to travel over the main access roads such that installation shall not restrict the access of vehicles of height up to 14 feet. All new and replacement antenna support structures (towers) will be of approved self-supporting type. Current EIA Standard EIA -RS -222-D shall be adhered to. -It is the applicant/permittee-'s responsibility to assure thatany newor- --- modified structure will not interfere electronically or physically with any existing microwave paths. Applicant/permittee will be required to demonstrate non -obstruction to existing users prior to Forest Service approval of proposal. Approved requirements for antenna support structures are as follows: Type: Metal, self supporting. Maximum total height: The east ridge shall be 130 feet and the west ridge shall be 100 feet. Minimum spacing between towers: 50 feet. Spacing between major tower (exceeding 50 foot height) will be 50 feet minimum, unless there has been previous agreement among nearest affected neighbors. E. ELECTRONIC EQUIPMENT All FCC licensed or NTIA/IRAC authorized equipment shall be operated in full accordance with all applicable rules and shall have a current license or authorization posted near said equipment. All equipment shall be labeled with the owner's name and current 24-hour contactphone number (service agency is acceptable), call sign, and transmitter frequency. All equipment is to be installed in metal cabinets or equipment racks that are grounded and shielded. Grounding is to be done in accordance with accepted standards. 1. Antennas: All antennas shall be installed in accordance with the manufacturer's recommendations with installations designed and constructed to minimize interference. All antennas shall be terminated to o proper feed line, all unused antennas shall be removed from the towers. All broken or defective_ antennas will be removed. Sunlight Peak Comm Site Plan 2. Transmitters: Page 12 All transmitters shall be FCC type accepted, with radiation of out -of -band emissions reduced to a level that shall not be identified as a source of interference, as defined in 47 CFR, Part 90.209. 3. All transmitters shall incorporate protective devices (i.e. ferrite isolators or circulators with bandpass filters), to prevent re -radiation of transmitter mixed signals. All transmitters not in immediate use and not specifically designated as standby equipment shall be removed. 3. Receivers: All receivers shall comply with applicable parts of 47 CFR, Parts 2 and 15, and shall incorporate protective devices which will minimize receiver produced intermodulation. All receivers shall have adequate preselection, incorporate bandpass cavity selectivity (Part 94 point to point microwave excluded). All receiver preamplifiers shall have preselectors between the preamplifier and the associated receiving antenna. _.4,Transmission. Lines: All antenna feed lines shall be jacketed with l00% shielding or high quality double shielded construction. Feed lines shall be grounded in accordance with the manufacturers recommendations. No unterminated feed lines shall be permitted. Old feed lines that will not be returned to service shall be removed. 5. Interference: h N All site users will be expected to comply with the Technical Standards tc m minimize interference potential. Neither the Association nor the Forest m r 00 Service shall recognize interference complaints from users who are not it m (Y3N N good standing. The site user that is subject to the interference shall 0 0 y N attempt to identify source and conditions of interference and notify the r a,. source contact of the interfering signal as soon as the interference is U) a m noticed. Verbal notification should be followed with a letter to all m parties involved, the Sopris Ranger District and Users Association m Technical Committee. rc In the Event Radio Interference Occurs: --Involved systems, if at the time are not fully in compliance with ,above standards, will be asked to comply. Specified equipment, notch o filters, crystal filters, dual isolators and/or bandpass devices, may r Z be required. - --All cases of unresolved interference or disputes that cannot be resolved by the lessee's site manager or the Users Association F Committee shall be referred to the Sopris Ranger District for N compliance action. Q 0 If interference is unresolved in a timely manner, the Technical Committee > chairperson shall be contacted for assistance. I£ the source of J interference is a new transmitting source, the offending party will be a asked to cease operation immediately pending review of conditions. If the identified source transmitter has been in operation for a period of two months or longer, the Technical Committee chairperson will review the conditions and coordinate efforts for a solution with the affected parites, If multiple source conditions are responsible, resolution shall Sunlight Peak Comm Site Plan Page 13 be identified and agreed upon by all parties involved. If financial considerations are not agreeable, the Technical Committee shall recommend in writing to the SPUA Board of Directors a solution. The Forest Service shall resolve the issue, if necessary. The procedure for handling of interference shall primarily be the responsibility of the Users Association. In the event of unresolved interference or disputes the Association shall report in writing to the Forest Service the following: 1. Description of the interference. 2. Correction action recommended. 3. Responsible party or agency. 4. Severity of interference problem. 5. Proposed date for completion of corrective action. It should be understood by all users that interference with law enforcement and/or emergency communications must be corrected immediately. The suspension or termination of a permit will be the responsibility of the Forest Officer. 6. Technical Standards Compliance New Users New users shall comply with all technical standards at the time. of construction or installation of equipment. Present Users Present users will come into compliance with Technical Standards within the timeframe specified after the annual inspection if any noncompliance is. found. Any new installations or change of equipment shall comply with all current technical standards. Technical Standards Committee Role There shall be a permanent Technical Standards Committee of the Association. The Committee shall be appointed by the Board of Directors. In the absence of a Technical Standards Committee, the Board of Directors shall assume the responsibilities of said committee. The function of this committee will be to: 1. Maintain set of technical standards, adopted by the Association and approved and enforced by the USDA Forest Service. Adherence to these standards will minimize physical damage and RF interference, thus providing for improved electromagnetic compatibility of all Site Users. 2. Represent the Association in technical matters with the USDA Forest Service and applicants. 3. Assist the Forest officer through; a. Evaluation of construction, reconstruction or modification applications, with respect to: 1. Compliance with technical standards. 2. Compatibility with existing installations. b. Participation in inspections. C. Review of site layout and as -built plans. Sunlight Peak Comm Site Plan Page 14 4. Review and update technical standards recommendations annually for approval by the Association membership. 7. Housekeeping: Each site is required to be maintained by the site users in an acceptable manner. Litter or unused equipment shall not be allowed to remain at the facility at any time. All garbage shall be removed from the site immediately. All equipmentnetin service shall be stored properly or removed from the site. V. PERMIT ADMINISTRATION A. Processing of Application Note that permits are now only required for building owners. Tenants may continue holding their original permit, however they must pay fees according to the fee schedule. a. Receive at Ranger Station, log in, review. ------ - - _--- -- -- - b. Negotiate details-for_perfecting application; — return to applic-ant if necessary.. C. Approve or reject (approval for notification to user can come at point short of actual perfection). Application must be perfected before it will be formally considered. B. Permits: Issue multiple user authorizations as needed to place all facilities under responsible care. Refer to Section III A. General Site Policy for background information concerning permits and authorizations. C. Inspections: There shall be one annual inspection in conjunction with the annual meeting of the Users Association, weather and road conditions permitting. The inspection shall be performed by the Technial Committee with a representative from the Forest Service present. All site owners will be expected to have a representative available. Inspections shall include the following items: - Adherence to the overall Sunlight Peak site development plan. - General visual inspection of each site. - Measurement and documenation of RF exposure level at three feet straight out from each building's personnel entrance, and at each tower base. - Measurement and documentation of the electromagnetic noise floor at the prescribed.frequencies. - All electromagnetic measurements shall be made with qualified and recently calibrated equipment. Each measurement shall be accepted as accurate by three members of the Technical Committee. Results of the inspections will be presented at the next Technical Committee meeting. The reports will include segments on findings, recommendations, long term resolutions, and immediate issues. The Technical Committee shall derive and submit a summary and a separate detailed report to the Board of Directors and Forest Service. The reports shall be due to. the Board within 30 working days of the completion of the ■ Sunlight Peak Cc= Site Plan Page 15 inspections. The Board of Directors shall take appropriate action upon receiving the report. The USDA Forest Service will provide written notification of the inspection date and those responsible for eachsite will arrange to have personnel available at the site at the time of inspection. VI. FUTURE DEVELOPMENT AND OPERATION The following outline documents major considerations for future development and operation. The District Ranger Staff shall: Revise the site management plan as frequently as may be needed to conform with changes in Forest Service policy and procedure and changing cn-site needs. At this writing, recent changes in the Forest Service Manual direction for communications sites have been published. On -the -ground implementation of these changes are now being put into effect. The fee structure for this site is being.developed. Once developed, the manner in which fees are to be applied will cause further change in the actual makeup of the user authorizations. These changes and new procedures should be reflected in this. plan-.-- Support lan_.-- Support the Users Association to assume the day-to-day site administration responsibilities. Appropriate utilization of an Association in sharing the burden and responsibilities of site management and administration has yet to be achieved. Seek every opportunity to upgrade and consolidate existing facilities. co -occupancy and/or recombination of existing facilities will be stressed. Encourage all existing facility owner/users to plan for the future. Any improvement or expansion that can be foreseen within the next 5 to 10 years facility needs to be made known to us so that existing users' needs can be properly considered in the light of new proposals. Require applicants of new construction to consider accommodating other compatible tenants in the design of building and towers. Seek opportunities to consolidate users having similar requirements and needs for space, such as, inviting federal users into one structure, State users in another, etc., or design a special structure to house receivers only. II 51049© IIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIfIIIIIIlIll 058� 025 20000 a4,. 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