Draft Environmental Assessment Heart of Texas Council of Governments (Prepared by Aarcher, Inc.) Reagan Tower Site Falls County, Texas Homeland Security Grant Program (HSGP) Project/Grant# 2009-SS-T9-0064 (9058) February 2012 TABLE OF CONTENTS 1.0 Introduction 1.1 Project Description 1.2 NEPA Requirements 2.0 Purpose And Need 2.1 Purpose 2.2 Need 3.0 Alternatives 3.1 No Action Alternative 3.2 Proposed Action 3.3 Alternatives Considered And Dismissed 4.0 Affected Environment And Potential Impacts 4.1 Physical Resources 4.1.1 Geology, Soils, And Seismicity 4.1.2 Air Quality 4.1.3 Climate Change 4.2 Water Resources 4.2.1 Water Quality 4.2.2 Wetlands 4.2.3 Floodplains 4.3 Coastal Resources 4.4 Biological Resources 4.4.1 Threatened And Endangered Species And Critical Habitats 4.4.2 Wildlife And Fish 4.4.3 Migratory Birds 4.5 Cultural Resources 4.5.1 Historic Properties 4.5.2 American Indian/Religious Sites 4.6 Socioeconomic Resources 4.6.1 Environmental Justice 4.6.2 Hazardous Materials 4.6.3 Noise 4.6.4 Traffic 4.6.5 Public Services And Utilities 4.6.6 Public Health And Safety 4.7 Summary Table 5.0 Cumulative Impacts 6.0 Agency Coordination, Public Involvement And Permits 7.0 References 8.0 List Of Preparers APPENDICES Exhibit 1: Site Photographs Exhibit 2: Site Vicinity Map and Site Plan Exhibit 3: Soil Survey Exhibit 4: Topographic Map Exhibit 5: USFWS Wetlands Map Exhibit 6: FEMA (Floodplain) Map Service Center Search Results Exhibit 7: Threatened and Endangered Species List Exhibit 8: US Fish & Wildlife and Wilderness and Wildlife Documentation Exhibit 9: SHPO Correspondence Exhibit 10: TCNS Notification Statement, Tribal Responses, and Certification Exhibit 11: FAA Approval Letter Exhibit 12: NEPA Summary Report and Checklist 1.0 Introduction 1.1 Project Description The Heart of Texas Council of Governments (HOTCOG) proposes to construct a 195-foot tall (top of structure) self-support telecommunications tower (the Proposed Action) at 191 County Road 2902, Reagan, Falls County, Texas (Latitude 31.220833, Longitude -96.783444). HOTCOG has been awarded funding under the Homeland Security Grant Program (at a 50% level) and the Law Enforcement and Terrorism Prevention Account (also at a 50% level) to fund the Proposed Action. The funding grant number is 2009-SS-T9-0065 (9058). These programs provide funding to public safety agencies to construct and implement equipment and programs that will increase and protect critical communications infrastructure in the event of a natural disaster, terrorism event, as well as during routine operations. 1.2 NEPA Requirements This Environmental Assessment (EA) has been prepared in accordance with the National Environmental Policy Acts (NEPA) of 1969, the President’s Council on Environmental Quality regulations to implement NEPA (40 Code of Federal Regulations Parts 1500-1508), and the Federal Emergency Management Agency (FEMA) regulations implementing NEPA (44 CFR Part 10). FEMA is required to consider potential environmental impacts before funding or approving actions and projects. The purpose of this EA is to analyze the potential environmental impacts of the Proposed Action. FEMA will use the findings in this EA to determine whether to prepare an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI). 2.0 Purpose And Need 2.1 Purpose HOTCOG’s objective is to have complete communication coverage throughout Falls County, Texas. This would involve managing routine daily radio traffic as well as emergency incident radio traffic for Falls County. 2.2 Need Falls County, Texas needs to provide radio communications coverage for public safety agency communication in areas that currently lack coverage or lack adequate coverage. 3.0 Alternatives 3.1 No Action Alternative Under the No Action Alternative, no telecommunications tower would be constructed. This alternative would jeopardize public safety by allowing the continuation of the existing, inadequate level of radio communications for public safety agencies. 3.2 Proposed Action The Proposed Action will consist of the construction of a 195-foot total height self-support telecommunications tower which will be equipped with a candelabra antenna mount at the approximate 180-foot level. The tower will be engineered to accommodate future, possible cell phone platform mounts at the 160-foot level and the 120-foot level. Additional actions will include the following: * Placement of a pre-fabricated equipment shelter. * Installation of electronic telecommunications equipment with the equipment shelter. * Installation of cabling leading from the equipment shelter to the radio antennas. * Installation of two way radio antennas mounted on the candelabra mount at the approximate 180-foot level. * Future possible installation of cellular telephone antenna platforms at the 160-foot and 120-foot levels. * Placement of a liquefied petroleum gas-powered emergency electrical generator and associated above-ground storage tank outside of the equipment shelter. * Placement of emergency power backup lead/acid batteries within the equipment shelter. Upon completion of construction, the facility will be managed and owned by Falls County, Texas. The Proposed Action area is a vacant lot located in low-density neighborhood of single-family homes in Reagan, Texas (Latitude 31.220833, Longitude -96.783444). Photographs of the Proposed Action area are included in Exhibit 1. A vicinity map and site plan of the Proposed Action area is included in Exhibit 2. 3.3 Alternatives Considered And Dismissed Alternative actions that were considered included colocation on existing telecommunications towers and colocations on existing buildings or other non-telecommunications structures such as elevated water tanks, freeway overpasses, and electrical transmission line support structures. These alternatives proved not to be feasible because of the following considerations: * With regard to colocation on existing telecommunications towers, either no towers of sufficient height were located within a target radius that would afford adequate coverage or the tower operators were unwilling to agree to long-term colocation leases. * With regard to colocation on existing non-tower structures, no structures of adequate height were identified that would enable adequate coverage. These dismissed alternatives will not be discussed any further in this EA. 4.0 Affected Environment And Potential Impacts 4.1 Physical Resources 4.1.1 Geology, Soils, And Seismicity Under the No Action alternative, there would be no short or long-term impacts to soils, geologic resources, or seismic features. The Proposed Action area is a vacant lot located in a low density neighborhood of single-family homes in Reagan, Texas. According to the United States Department of Agriculture, National Resources Conservation Service, the dominant soil type in the area of the Proposed Action consists of “Crockett,” characterized at the soil surface as a fine sandy loam. In the area of the Proposed Action, the native soil profile consists of a fine sandy loam from zero to nine inches, clay from nine to 34 inches, sandy clay loam from 34 to 53 inches, and depth of more than 80 inches to any restrictive feature. The parent material for the soil group is listed as Residuum weathered from shale of the Tertiary Age. The Farmland Protection Policy Act (FPPA) (p.l. 97-98, Sec. 1539-1549; 7 U.S.C. 4201, et seq.) is intended to minimize the impact Federal programs have on unnecessary and irreversible conversion of farmland to nonagricultural uses. FPPA assures that Federal programs are administered to be compatible with various programs to protect farmland. For the purpose of FPPA, farmland definition includes prime farmland, unique farmland, and land of statewide or local importance; it is important to note that these definitions include land such as forestland, pastureland, or other land that is not in current production. The proposed project site is not considered prime farmland by the United States Department of Agriculture, National Resources Conservation Service. The elevation of the Proposed Action site is approximately 379 feet above mean sea level. The topography of the Proposed Action area is characterized as natural slopes ranging from approximately one to three percent. There are no published indications of faults in the vicinity of the site. Aarcher identified no groundwater during site investigations. The vegetation at the Proposed Action site consists of sparse patchy grasses. Ground disturbance would be confined to the boring of the tower footings, electrical lines, equipment shelter foundation, and fencing. The proposed tower footings will be of concrete, and will be approximately three to four feet in diameter, and thirty to forty feet in depth. Falls County will limit the area of soil disturbance to the project area and require the use of temporary fencing to control erosion during construction. Any hazardous materials encountered or generated on site will be disposed of off-site according to current Federal and state regulations. Therefore, the Proposed Action will not impact geologic resources and will not have significant impacts to soils. A copy of the Soil Survey is included in Exhibit 3; a topographic map is included in Exhibit 4. 4.1.2 Air Quality Under the No Action alternative, there would be no short- or long-term impacts to air quality. Air quality is regulated by the Clean Air Act (CAA) of 1970 (42 U.S.C. § 7401 et seq.) Air quality is further regulated through primary and secondary National Ambient Air Quality Standards (NAAQS) under the CAA. Air quality controls regions (AQCR) are classified by the US Environmental Protection Agency (EPA) based on whether the region meets or exceeds Federal primary or secondary NAAQS. There are seven criteria air pollutants classified by the EPA: carbon monoxide, lead, nitrogen dioxide, coarse particulates, fine particulates, ozone, and sulfur dioxide. An AQCR, or portion thereof, may be classified as being in attainment, non-attainment, or it can be unclassified for any one of the criteria pollutants. The Proposed Action site is located in Falls County. Falls County is not listed as a non-attainment area county. The use of heavy equipment and construction activities at the Proposed Action area may result in short term and de minimis impacts on air quality at or near the Proposed Action area. De minimis condition generally does not present a threat to human health or the environmental and generally would not be subject to a regulatory enforcement action. Construction-related air quality impacts may include dust from excavation activities and emissions from construction equipment and vehicles. The impacts will be limited to construction operation hours for the construction period and will not likely increase air pollutants. No fixed-source air emissions will be generated except in instances where there is a localized power outage, in which case a liquefied petroleum gas-powered emergency electrical generator will be temporarily activated. Based on the limited area of disturbance for the Proposed Action and the limited construction timeline, the Proposed Action will have no significant impact to air quality resulting from construction activities or the occasional, temporary activation of an emergency electrical power generator. Once operational, the Proposed Action facility will be powered by electricity. The routine daily operation of the Proposed Action will not result in any emissions or dust generation. No fixed-source air emissions will be generated except in instances where there is a localized power outage, in which case a liquefied petroleum gas-powered emergency electrical generator will be temporarily activated. Based on the limited potential for emissions and the lack of dust generation involved in the daily operations of the Proposed Action, there will be no impacts to air quality resulting from the long term operation of the Proposed Action. 4.1.3 Climate Change Under the No Action alternative, there would be no short- or long-term impacts to climate change. The Proposed Action area is a vacant lot located in a low density neighborhood of single-family homes in Reagan, Texas. The Proposed Action will not involve the clearing of woodland. Construction activities at the Proposed Action area may result in a temporary increase in vehicle traffic only during the Proposed Action construction. The increase in vehicle traffic may temporarily increase vehicle emissions in the Proposed Action area. Once operational, the Proposed Action area will be powered by electricity. No air emissions will be generated except in instances where there is a localized power outage, in which case a liquefied petroleum gas-powered emergency electrical generator will be temporarily activated. Based on the limited size of the Proposed Action area, the temporary nature of the construction activities, and the limited potential for emissions at the Proposed Action area, the Proposed Action would have no significant impact to climate change. 4.2 Water Resources 4.2.1 Water Quality Under the No Action alternative, there would be no short- or long-term impacts to water resources. The Clean Water Act (CWA) established the National Pollutant Discharge Elimination System (NPDES) in order to regulate wastewater discharges from point sources into water resources. Construction sites resulting in greater than one acre of disturbance are required under the NPDES to obtain EPA and/or state permits. The Texas Commission on Environmental Quality is the state agency that has assumed NPDES permitting for the State of Texas. Activities at the Proposed Action area will be below the one acre land disturbance limitation for NPDES permitting. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. Falls County will limit the area of soil disturbance to the project area and require the use of temporary fencing to control erosion during construction. No bodies of water are located on the Proposed Action area. Any hazardous substances encountered or used during construction activities for the Proposed Action will be disposed of off-site at an appropriate facility. Based on the lack of water bodies and the proposed proper disposal of hazardous materials off-site with regard to the Proposed Action area, the Proposed Action would have no significant impacts on water quality. 4.2.2 Wetlands Under the No Action alternative, there would be no short- or long-term impacts to wetlands. The Proposed Action area is a vacant lot located in a low density neighborhood of single-family homes in Reagan, Texas. Executive Order 11990 of the CWA (40CFR 230.3) defines wetlands as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence if vegetation typically adapted for life in saturated conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” Aarcher reviewed National Wetlands Inventory wetlands maps from the United States Fish and Wildlife Services (USFWS) website: http://www.fws.gov/wetlands/redirect.html, to determine if the subject property is located within a wetland. In addition, Aarcher reviewed soil data from the U.S. Department of Agriculture website: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx . The soil type for the Proposed Action area does not meet the characteristics of a hydric soil, a necessary component of a wetland. Based on the map review and soil data, the Proposed Action will have no impacts on wetlands. A copy of the FWS Wetlands map is included in Exhibit 5. 4.2.3 Floodplains Under the No Action alternative, there would be no short- or long-term impacts to floodplain areas. The Proposed Action area is a vacant lot located in a low density neighborhood of single-family homes in Reagan, Texas. Executive Order 11988, Floodplain Management, requires federal agencies to take action to minimize occupancy and modification of the floodplain. Specifically, Executive Order 11988 prohibits federal agencies from funding construction in the 100-year floodplain (500-year floodplain for critical facilities) unless there are no practicable alternatives. The National Flood Insurance Program (NFIP) floodplain maps are used to identify the regulatory 100-year Floodplain. The subject property locale has not been mapped for floodplains by FEMA. Review of topographic maps shows that there are no intermittent creeks, creeks, or rivers within 1,000 feet of the subject property. Based on this information, the Proposed Action is not anticipated to affect areas of the 100-year floodplain, and there would be no impact to floodplains. A copy of the FEMA floodplain search is included in Exhibit 6. 4.3 Coastal Resources Under the No Action alternative, there would be no short- or long-term impacts to coastal resources. The Coastal Zone Management Act was established in 1972 to preserve, protect, and (where possible) restore or enhance the resources of the coastal zones of the United States. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. The Proposed Action is not located within a coastal resource area, nor would it have an impact on a coastal resource area. The Proposed Action does not require a coastal use permit. 4.4 Biological Resources 4.4.1 Threatened And Endangered Species And Critical Habitats Under the No Action alternative, there would be no short- or long-term impacts to threatened or endangered species or critical habitats. Federal agencies are directed under Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536a2) to utilize their authorities to enforce and carry out programs for the conservation of listed threatened and endangered species or designated critical habitats. Section 7 of the Act also sets out the consultation process, which is further implemented by regulation (50 CFR 402). The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. U.S. Fish and Wildlife Service Threatened and Endangered Species lists for the Proposed Action area county were reviewed at the USFWS website: http://www.fws.gov/endangered. The Proposed Action area setting was compared to the profile of characteristic habitat for threatened and endangered species known to exist within the Proposed Action area, county or parish. U.S. Fish and Wildlife Service information was reviewed to determine if the Proposed Action might affect designated critical habitats. State fish and wildlife agencies defer to the U.S. Fish and Wildlife Service for evaluations of the presence of federally-listed threatened and endangered species resources. The following threatened or endangered species may be found in Falls County, Texas: * Whooping Crane: habitat includes requirements for wetland areas for nesting and feeding. The Proposed Action area is not located in a wetland area. * Bald Eagle: although the Bald Eagle appears on the threatened and endangered species list, it has been delisted due to recovery. However, the Bald Eagle is protected by the Bald Eagle and Golden Eagle Protection Act. The Proposed Action area is not located coastlines, rivers, large lakes or streams that would support an adequate food supply for Bald Eagles. Based on the comparison of the Proposed Action area setting and the characteristic habitat of the above listed threatened or endangered species, FEMA has determined that the Proposed Action would have no impact on threatened or endangered species, Bald Eagles, or associated critical habitats. A list of threatened and endangered species or critical habitats found in the Proposed Action area county is included in Exhibit 7. 4.4.2 Wildlife And Fish Under the No Action alternative, there would be no short- or long-term impacts to wilderness areas or wildlife preserves. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. National Atlas on-line cartographic resources were reviewed at http://nationalatlas.gov/mapmaker to determine if the Proposed Action area is located in an officially designated wilderness area or wildlife preserve. The National Atlas comprises lands designated as wilderness areas and wildlife preserves by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture Forest Service, or the National Park Service. Based on review of these resources, the Proposed Action will have no impact on wilderness areas of wildlife preserves. Copies of the National Atlas map search and the USFWS submittal response are included in Exhibit 8. 4.4.3 Migratory Birds Under the Migratory Bird Treaty Act, taking, killing or possessing migratory birds is unlawful. Migratory birds are a federal trust resource that the USFWS is authorized to protect, and has put forth recommendations for communication tower design and height to mitigate collision-related mortality. Mitigation measures outlined in the USFWS Interim Guidelines For Recommendations On Communications Tower Siting, Construction, Operation and Decommissioning issued by the USFWS will be implemented as practical for this Proposed Action. Construction of the Proposed Action has been determined to be the best option because co-locating the communications equipment on an existing tower or other structure is not an available option. The Proposed Action will be a self-support tower and will not require guy wires. According to resource reviews, this Proposed Action location will not be sited in or near wetlands, other known bird concentration areas, in known migratory or daily movement flyways, or in habitat of threatened or endangered species. Based on the existing environmental conditions and the proposed tower design, the Proposed Action would have no impact migratory birds. 4.5 Cultural Resources 4.5.1 Historic Properties Under the No Action alternative, there would be no short- or long-term impacts to historic properties. Federal agencies are required by Section 106 of the National Historic Preservation Act of 1966 (NHPA, 16 U.S.C. §§ 470 et seq.) and “Protection of Historic Properties” (36 CFR Part 800) to evaluate for potential effects of Proposed Actions on Historic properties. The FCC adopted the Nationwide Programmatic Agreement through order FCC 04-222 regarding the Section 106 National Historic Preservation Act Review Process. The order was signed on October 5, 2004 by the Advisory Council on Historic Preservation (ACHP) and the National Conference of State Historic Preservation Officers and amended Section 1.1307(a) (4) of the Commission's rules, 47 C.F.R. §1.1307(a) (4). In order for a new antenna support structure to be constructed, the FCC Form 620 New Tower Submission Packet must to be completed by or on behalf of Applicants. Before any construction or other installation activities at the Proposed Action area begin, the Packet (including Form 620 and attachments) is to be submitted to the State Historic Preservation Office (“SHPO”) or to the Tribal Historic Preservation Office (“THPO”), as appropriate. If the Applicant fails to provide the Submission Packet and complete the review process under Section 106 of the NHPA prior to start of construction this may result in violation of NHPA and the Commission’s rules. This process is not as a substitute for the “Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission,” dated September 2004, and the relevant rules of the FCC (47 C.F.R. §§ 1.1301-1.1319) and the ACHP (36 C.F.R. Part 800). The Proposed Action area is a vacant lot located in a low-density neighborhood of single-family homes in Reagan, Texas. Aarcher consulted the National Park Service NRIS data system, which inventories National Register of Historic Places-listed sites; reviewed the Texas Historical Commission on-line listings for Texas historic sites, performed a reconnaissance of the Area of Potential Effect, and submitted to the Texas Historical Commission (SHPO) FCC Form 620 to support an NHPA Section 106 Review. Based on this research and the determination by the SHPO that the Proposed Action will have no effect on historic resources, the Proposed Action would have no impact on districts, sites, buildings, structures or objects significant in American history, architecture, archeology, engineering or culture, which are listed or are eligible for listing, in the National Register of Historic Places. In the event that archeological deposits, including any Native American pottery, stone tools, bones, or human remains, are uncovered, the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds. All archeological findings will be secured and access to the sensitive area restricted. The applicant will inform FEMA immediately, FEMA will consult with the SHPO or THPO, and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. A copy of the SHPO response letter is included in Exhibit 9. 4.5.2 American Indian/Religious Sites Under the No Action alternative, there would be no short- or long-term impacts to American Indian Tribes or Religious Sites. Consultation with Native American tribal groups and native Hawaiian organizations (NHO) regarding proposed projects and potential impacts to Native American religious sites is required under Section 106 of the NHPA and its implementing regulations, “Protection of Historic Properties” (36 CFR Part 800) and the Nationwide Programmatic Agreement on the Collocation of Wireless Antennas (adopted March 16, 2001), as well as the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission effective March 7, 2005. On October 6, 2005 the FCC released a Declaratory Ruling (FCC 05-176) which clarified portions of the Nationwide Programmatic Agreement (NPA), addressing situations where a federally recognized Indian Tribe or Native Hawaiian Organization (NHO) has not responded to a Tower Construction Notification System (TCNS) notification, or to the applicant’s and Commission’s efforts to determine whether the Indian Tribe or NHO has an interest in participation in the review of the proposed project. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. Aarcher submitted inquiries to Indian Tribal authorities in the form of TCNS Submittal Number 72273. In addition, Aarcher sent follow-up letters to, telephoned, and/or e-mailed those tribes which had set their geographic preferences to determine if the proposed action would have an effect on Indian religious sites. Based on e-mail responses, letter responses, review of lists provided by tribes which detail the counties that they have an interest in and telephone interviews with tribal authorities, the Proposed Action would have no impact on Indian religious sites. In the event that archeological deposits, including any Native American pottery, stone tools, bones, or human remains, are uncovered, the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds. All archeological findings will be secured and access to the sensitive area restricted. The applicant will inform FEMA immediately, FEMA will consult with the SHPO or THPO, and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. Copies of the TCNS filing and tribal correspondence are included in Exhibit 10. 4.6 Socioeconomic Resources 4.6.1 Environmental Justice Under the No Action Alternative, there would be no short- or long-term impacts to environmental justice. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. Under Executive Order 12898, Federal agencies are required to environmental and human health condition in low-income and minority level communities. The purpose of EO 12898 is to enact Environmental Justice to prevent and correct the disproportionate and adverse effect of a Federal action on the low-income or minority level populations. The following demographics information was obtained from the U.S. Census Bureau website http://quickfacts.census.gov/qfd/index.html. Unemployment statistics were obtained from the United States Department of Labor Bureau of Labor Statistics website http://www.bls.gov/lau/. TABLE 1 - Family Income and Poverty Rates Location: Falls County 2010 Population: 17,866 Percent White: 60.6% Percent African American: 25.3% Percent Hispanic or Latino: 20.8% Percent all other race and 2 or more races: 2.8% Percent less than 18 years old: 21.7% Percent 65 years old and over: 16.1% 2009 Per Capita Income: $15,448 2009 Poverty Rate (Percent below poverty level income) : 23.2% 2011 Unemployment Rate (Percent of civilian labor force): 10.5% Location: Texas 2010 Population: 25,145,561 Percent White: 70.4% Percent African American: 11.8% Percent Hispanic or Latino : 37.6% Percent all other race and 2 or more races: 7.3% Percent less than 18 years old: 27.3% Percent 65 years old and over: 10.3% 2009 Per Capita Income: $24,318 2009 Poverty Rate (Percent below poverty level income): 17.1% 2011 Unemployment Rate (Percent of civilian labor force): 8.5% The Proposed Action would have no impact on environmental justice in the Proposed Action area. The Proposed Action area is not located within a low income or minority community. The Proposed Action would improve communication between emergency and first responders in the event of an emergency, therefore; all residents would benefit from the Proposed Action. 4.6.2 Hazardous Materials Under the No Action alternative, there would be no short- or long-term impact to the Proposed Action area with regard to hazardous materials. The Proposed Action area is a vacant lot located in a low density neighborhood of single-family homes in Reagan, Texas. Use of hazardous materials at the Proposed Action area will be limited to the following actions: * Fuel for heavy equipment and vehicles used during the construction process. Minimal wastes may be generated at the Proposed Action area during tower maintenance and construction. Any wastes generated will be properly disposed of off-site according to federal and state regulations. Based on the limited timeline for construction activities at the Proposed Action area and the limited potential for hazardous material releases and waste generation during construction and maintenance activities, the Proposed Action will have no significant impact with regard to hazardous materials. * Liquefied petroleum gas will be stored in an approximate 250-gallon capacity aboveground storage tank on the Proposed Action area. The liquefied petroleum gas will be used to temporarily fuel an emergency electrical generator incidental to any local power outages. The containment of the liquefied petroleum gas within a storage tank will have no significant impact with regard to hazardous materials. * Lead/acid batteries will be contained within the equipment shelter to provide emergency power incidental to any local power outages. The storage of lead/acid batteries within the equipment shelter will have no significant impact with regard to hazardous materials. 4.6.3 Noise Under the No Action alternative, there would be no short- or long-term impact to the Proposed Action area with regard to any increase in noise. Noise is generally referred to as unwanted sound which interferes with work, rest, communication, recreations, or sleep. During construction activities at the Proposed Action area, short-term noise increase from heavy equipment and vehicles involved in construction activities is to be expected. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. Once construction is completed, long-term noise is expected to be minimal and result primarily from site maintenance and the periodic operation of an emergency electrical power generator on site. Based on the limited timeline of construction activities and the limited noise production after construction is completed, the Proposed Action would have no significant impact with regard to any increase in noise at the Proposed Action area. 4.6.4 Traffic Under the No Action alternative, there would be no short- or long-term impact to the Proposed Action area with regard to any increase in traffic. The Proposed Action area is a vacant lot located in a low-density residential neighborhood of single-family homes in Reagan, Texas. During construction activities at the Proposed Action area, short-term traffic increase from heavy equipment and vehicles involved in construction activities is anticipated. Once construction is completed, long-term traffic is expected to be minimal and result primarily from site maintenance. Based on the limited timeline of construction activities and the minimal traffic expected after construction is completed, the Proposed Action would have no significant impact with regard to any increase in traffic at the Proposed Action area. 4.6.5 Public Services And Utilities Under the No Action alternative, there would be no short- or long-term impact to public services and utilities. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. During construction activities at the Proposed Action area, short-term interruption of public and utility service has the potential to occur. In the long-term, the communications infrastructure and communication utilities will be improved with the completion of the Proposed Action. Construction related interruptions do not have the potential to cause long-term interruptions in public services and utilities. Based on the limited potential of short-term utility and public service interruptions, the Proposed Action will not have a significant impact on public services or utilities. The construction contractor will be responsible for adhering to the Texas One-Call Law. 4.6.6 Public Health And Safety Under the No Action alternative, no telecommunication tower would be constructed, thereby limiting communications between first responders and hindering aid to those affected by an emergency event. Under the No Action alternative there would be an impact on public health and safety. The Proposed Action area is a vacant lot located in a residential neighborhood of single-family homes in Reagan, Texas. During construction activities at the Proposed Action area, potential health and safety concerns include the potential for workplace accidents. All OSHA regulation will be strictly adhered to during construction activities. Proper fencing and signage will be used in an effort to prevent accident or injury to the public or workers on site. Based on the use of preventive measures during construction at the Proposed Action area, the Proposed Action would have no significant impact on public health and safety. After construction has been completed, the Proposed Action would improve communication between emergency and first responders in the event of an emergency. Based on the potential for the Proposed Action to improve emergency communications, the Proposed Action would have a beneficial impact on public health and safety. 4.7 Summary Table Table 2 – Summary of Impacts Affected Environment/Resource Area: Geology, Soils, Seismicity Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - Soil disturbance will be limited to the project area and require the use of temporary fencing to control erosion during construction. Affected Environment/Resource Area: Air Quality Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Climate Change Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Water Quality Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - Soil disturbance will be limited to the project area and require the use of temporary fencing to control erosion during construction. Affected Environment/Resource Area: Wetlands Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Floodplains Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: Coastal Resources Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: Threatened and Endangered Species/Critical Habitats Impacts - No Impact Agency Coordination/Permits - U.S. Fish and Wildlife consultation Mitigation/Best Management Practices - None Affected Environment/Resource Area: Wildlife and Fish Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: Migratory Birds Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - Adoption of U.S. Fish and Wildlife Service mitigation measures as listed in Recommendations On Communications Tower Siting, Construction, Operation, and Decommissioning. Affected Environment/Resource Area: Historic Properties Impacts - No Impact Agency Coordination/Permits - Texas State Historic Preservation Office Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: American Indian/Religious Sites Impacts - No Impact Agency Coordination/Permits - Native American Tribal Consultations Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: Environmental Justice Impacts - No Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - N/A Affected Environment/Resource Area: Hazardous Materials Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Noise Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Traffic Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - None Affected Environment/Resource Area: Public Service and Utilities Impacts - No Significant Impact Agency Coordination/Permits - N/A Mitigation/Best Management Practices - Construction contractor will adhere to the Texas One-Call Law. Affected Environment/Resource Area: Public Health and Safety Impacts - No Impact (potential beneficial Impact) Agency Coordination/Permits - N/A Mitigation/Best Management Practices - OHSA regulation followed at Proposed Action site, fencing and signage 5.0 Cumulative Impacts Under the No Action alternative, there would be no short- or long-term cumulative impacts at the Proposed Action area. Cumulative impacts are the impact on the environment which results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions. There would be no cumulative impacts to geology, soil, seismicity, water resources, wetlands, floodplains, coastal resources, wildlife and fish, threatened or endangered species, migratory birds, historic properties, American Indian or religious sites, air quality, noise, infrastructure, utilities, traffic, waste management or socioeconomic resources. Long-term benefits of the Proposed Action include improving communication between emergency and first responders in the event of an emergency, natural disaster or terrorist action. 6.0 Agency Coordination, Public Involvement And Permits The following agencies were contacted and invited to comment regarding the Proposed Action: * The Southern Ute Tribe, Ignacio, CO * The Comanche Nation, Lawton, OK * The Wichita and Affiliated Tribes, Anadarko, OK * The Tonkawa Tribe, Tonkawa, OK * The Mescalero Apache Tribe, Mescalero, NM * The Department of Arkansas Heritage * The Oklahoma Historical Society * The Texas Historical Commission * The U.S. Fish and Wildlife Service * The Texas State Historic Preservation Office * The Federal Aviation Administration * Falls County Judge, the Honorable Steve Sharp Public involvement occurred in the form of a Public Notice posted in the Marlin Democrat on February 2, 2011. The Public Notice asked residents to notify Aarcher of any impact the Proposed Action may have on historic properties. Aarcher received no response to the Public Notice. The availability of this EA will be advertised by public notice in the local weekly newspaper. Copies of the EA will be available locally. The public comment period will extend for a period of fifteen (15) days. The EA can also be viewed and downloaded from the FEMA’s website at http://www.fema.gov/plan/ehp/envdocuments /ea-region6.shtm. If no substantive comments are received, the EA will become final and the initial public notice will also serve as the final public notice. The EA will then be archived on FEMA’s website at http://www.fema.gov/library/. No Falls County or municipal permits are required for the Proposed Action. A copy of the FAA Determination of No Hazard to Air Navigation is included in exhibit 11. 7.0 References 1. United States Department of Agriculture, National Resources Conservation Service Web Soil Survey: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx 2. U.S. Fish and Wildlife Service National Wetlands Inventory: http://www.fws.gov/wetlands/redirect.html Endangered Species Program: http://www.fws.gov/endangered/ 3. FEMA Floodplain Map Service Center: http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1 4. National Atlas of the United States Mapmaker: http://nationalatlas.gov/mapmaker 5. U.S. Department of the Interior, National Parks Service National Register of Historic Places: http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome 6. Texas Historical Commission Historic Sites Atlas: http://atlas.thc.state.tx.us/ 7. U.S. Census Bureau Quick Facts: http://quickfacts.census.gov/qfd/index.html 8. Federal Communications Commission, Universal Licensing System: Tower Construction Notification System: http://wireless.fcc.gov/uls/index.htm?job=home 9. United States Department of Labor Bureau of Labor Statistics: http://www.bls.gov/lau/ 8.0 List Of Preparers * This Environmental Assessment was prepared by Aarcher, Inc. at 200 Rufe Snow N. Suite 103, Keller, Texas, 76248 for the Heart of Texas Council of Governments. The following key personnel were involved in the preparation of this assessment: o Bruce Hanford is the Regional Manager of Aarcher’s Southwest Regional Office, where he is responsible for client satisfaction and oversight of all company projects. He currently serves as Program Manager for Phase One Environmental Site Assessments and NEPA Evaluations in the Southwest Region, and provides oversight for all Aarcher Phase I Environmental Site Assessments performed throughout the U.S. With over 16 years of Environmental Consulting experience, Mr. Hanford has managed and/or performed over 3000 Phase I Environmental Site Assessments in nine states. In addition, Mr. Hanford serves as an internal consultant assessing for liability under CERCLA regulations. Mr. Hanford has performed Federal and state environmental regulation compliance audits at U.S. Army and National Guard facilities throughout the continental United States, and previously served as Project Manager and consultant for CERCLA potentially responsible party searches on behalf of the EPA and the Texas Commission on Environmental Quality. Mr. Hanford is a National Park Service Qualified Architectural Historian and exceeds the EPA’s qualifications for an Environmental Professional [40 CFR Part 312]. o Erin Heinemann is a Project Manager/Quality Control Manager for Aarcher’s Southwest Regional Office. Ms. Heinemann performs and manages Phase I Environmental Site Assessments, NEPA Screening Assessments, and visual site inspections. Ms. Heinemann has managed over 200 such assessments across Texas, Oklahoma, Louisiana, and Arkansas. She evaluates for effects to threatened and endangered species and their habitats and evaluates for effects to cultural resources. She has prepared FCC Form 620 and Form 621 submittals for the State Historic Preservation Offices and prepared NEPA Environmental Assessment Reports. In addition, she serves as liaison with State Historic Preservation Officers and tribal authorities in ten states, establishing with those parties protocols for evaluating the possible effects of proposed telecommunication tower projects. Ms. Heinemann holds a Bachelor of Science degree in Environmental Conservation. Ms. Heinemann worked for four years in various environmental laboratories in accordance with NELAC regulations. While at the laboratories, she performed various analyses of Metals and General Chemistry samples and co-wrote and updated Standard Operating Procedure documents. o Brandi McTee is a Project Leader for Aarcher’s Southwest Regional Office. Ms. McTee performs Phase I Environmental Site Assessments and NEPA Environmental Screening Reports. She has performed over 150 such assessments in three states. Her duties include evaluating the complexity of project assignments and determining the required cartography and level of historical research. She issues Freedom of Information Act and Texas Open Records Act requests and evaluates federal and state technical environmental reports. Ms. McTee manages vendors and contractors who support Aarcher projects. Ms. McTee holds a Bachelor of Science degree in Environmental Science. Government Contributors o Kevin Jaynes, CHMM, Regional Environmental Officer, FEMA Region 6 o Alan Hermely, Environmental Specialist, FEMA Region 6 ________________________________________________ ENVIRONMENTAL ASSESSMENT REPORT - PRIVILEGED DOCUMENT Aarcher, Inc. Page 18