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PD Background Report (PL-USE-2023-000008)
BATTUSE ja.2.6.24 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT AT&T MOBILITY USE PERMIT APPLICATION (PL-USE-2023-000008) AT&T MOBILITY is requesting a Use Permit to allow the establishment of a telecommunication facility with a 150-foot-tall `monopine' tower and related equipment and improvements within a 1,440-square-foot portion of a larger 7.383-acre parcel. The subject property is located at 11-3049 Volcano Road, approximately 400 feet south of Volcano Road on the west side of Kahaualea Road, por. Fern Forest Vacation Estates, Volcano, Puna, Hawaii, TMK: (3) 1-1-020:159 (por.). APPLICANT'S REQUEST 1. Proposed Use: The applicant is requesting a Use Permit to construct a new telecommunication facility, consisting of a 150-foot-tall `monopine' tower and equipment compound within a 1,440-square-foot portion of a larger 7.383-acre parcel. The project site includes a ground base equipment compound enclosed with a 6-foot-high chain link fence with privacy slats and a 12-foot-wide access gate. Ground equipment will include a backup 50kW generator with a 221-gallon fuel tank that will be monitored and maintained by AT&T technicians. A tower-mounted antenna array for AT&T will consist of 4 sectors with 4 antennas per sector for a total of 16 antennas, 36 remote radio units, 6 surge suppressors and 1 GPS antenna. All panel antennas and tower-mounted equipment will be painted to match the proposed monopine and no exterior lighting is proposed for the site. The facility will be serviced by AT&T technicians on a periodic basis, approximately once a month during normal business hours. 2. Reason for the Request: According to the applicant, the objective of the new facility is to provide expanded commercial AT&T 4G LTE wireless phone service, along with 850 MHz low-band 5G technology, to fill a significant coverage gap between the communities of Glenwood and Volcano as well as along the portion of Volcano Road that connects these areas. Additionally, the proposed facility is part of an initiative by AT&T to upgrade existing wireless sites and build new sites to support the FirstNet 1 Nationwide Safety Public Broadband Network (FirstNet), intended to improve access to and functioning of 9-1-1 emergency services. 3. Co-location: The proposed facility will be located approximately 700 feet away from a parcel with an existing Use Permit (USE 15-000059) which allowed Verizon Wireless to establish a 155-foot "monopine" cell tower. As of the date of this writing, Verizon has not constructed the proposed tower and was recently issued an administrative time extension to complete construction by June 9, 2027. AT&T states that although they attempted to communicate with Verizon to determine whether co-location was possible, they received no commitments or assurances that the Verizon tower would be constructed and available for co-location. 4. Tower Height Justification: According to the applicant, AT&T's radio frequency (RF) engineers performed an RF engineering study to determine the required site location and antenna height to fulfill the project's service coverage objectives. The application states that the proposed 150-foot-tall tower height is necessary to reliably fill the existing wireless service coverage gap and to support the FirstNet Network. 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Use Permit Application submitted on February 10,2023 with Supplemental Information submitted on January 11,2024) 6. Landowner: Hawai`i Akatsuka Farm Inc. BACKGROUND INFORMATION 7. Telecommunications Act of 1996: The Telecommunications Act of 1996, Section 704, as amended, recognizes the absence of health hazards from wireless radio wave transmissions and prohibits local authorities from regulating the placement of such towers based on environmental effects, so long as the towers comply with the Federal Communication Commission's (FCC) guidelines. The applicant and subsequent tenant telecommunication service providers will comply with all Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules. 8. Hawai`i Revised Statutes 46-89: Pursuant to this HRS section, the Planning Commission (PC) of Hawaii County has the authority to approve, approve with modification, or disapprove all applications for broadband-related permits within 60 days of submission of a complete permit application. If, on the 61st day, the PC has not 2 approved or denied the permit, the application is deemed automatically approved by the Commission. STATE AND COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan LUPAG Map Designation: Extensive Agricultural. 11. County Zoning: Agricultural-3 acre (A-3a). 12. Special Management Area: The subject parcel is approximately 12 miles from the nearest shoreline and is not situated within the Special Management Area. 13. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. Under Public Safety and Sanitation Services in the PCDP, Action 3.4.3(e) states "Encourage enhancement of cell phone service to expand coverage to more remote areas." DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Description of Property and Permit Area: The subject, 7.383-acre property is roughly trapezoidal in shape and sits at an elevation of approximately 2,800 feet above sea level. The property is owned by Hawaii Akatsuka Farm Inc. and is improved with a plant nursery and associated buildings, parking lots and landscaped areas. The proposed 1,440- square-foot lease area consists of a grass lawn and paved driveway and is situated on the south side of the property. 15. Surrounding Zoning/Land Uses: Properties immediately adjacent to the subject property are zoned Agricultural-3 acre (A-3a) and Agricultural-1 acre (A-la), ranging in size from about 10,000 square feet to 3.8 acres. Larger parcels on the north side of the highway are zoned Forest Reserve (FR) and parcels to the east are zoned Open (0). The properties surrounding the subject property are being used for a plant nursery, dwellings, and agriculture, with several vacant properties. 16. Flood Zone: Zone "X", which is determined to be an area of minimal flood hazard. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 18. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor" soils. 19. U.S.D.A. Soil Survey: Ke`ei slightly decomposed plant material, 3 to 10 percent slopes. 20. Flora and Fauna Resources: The proposed permit area currently has little vegetation other than a grass lawn. According to the application, a Natural Resources review of the 3 property was conducted by EBI Consulting, dated February 22, 2023, including examination of federal and state databases of species and critical habitats. Based on EBI's review, the applicant does not anticipate the project to adversely affect listed or endangered species. 21. Archaeological/Historic/Cultural Resources: By letter dated January 9, 2023, the Department of Land and Natural Resources-State Historic Preservation Division (SHPD) noted that SHPD records indicate that no archeological survey was conducted for the permit area and that no archeological historic properties have been identified. Additionally, the letter notes that aerial imagery indicate that the permit area has been previously graded and low potential exists for the project to encounter intact subsurface historic properties, concurring with a project effect determination of no historic properties affected. 22. Public Access: There is no designated public access to the mountain or shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 23. Roadway Access: Access to the facility will be from Volcano Road, a State-owned and maintained road with a 24-foot-wide pavement and an 80-foot-wide right-of-way, through the existing gate and driveway used by Akatsuka Orchid Gardens. The applicant is proposing a non-exclusive access easement approximately 12 feet wide and 885 feet long, for vehicular and pedestrian access, as well as for utilities, over a paved driveway crossing TMK (3) 1-1-020:165. As part of the review of this permit application, a request for comments was sent to the State Department of Transportation, however no response has been received at the time of this writing. 24. Water: The proposed use does not require water. 25. Wastewater: The proposed use will not generate wastewater. 26. Solid Waste: According to the State Department of Health (DOH), all solid waste and hazardous materials generated during construction must be properly disposed of at DOH- permitted solid waste management facilities. 27. Essential Utilities and Services: Electrical and telephone services are available to the property. 28. Public Safety: Fire, medical and police services are available in Kea`au. 4 AGENCY COMMENTS 29. State Department of Land and Natural Resources - Historic Preservation Division: (Planning Department Exhibit 2 —January 9, 2023 Letter) 30. State Department of Land and Natural Resources - Engineering Division: (Planning Department Exhibit 3 —January 17,2024 Letter) 31. State Department of Health: (Planning Department Exhibit 4 — January 19, 2024 Memo) 32. Department of Public Works—Engineering Division: (Planning Department Exhibit 5—February 6,2024 Memo) 33. Department of Finance — Real Property Tax: (Planning Department Exhibit 6 — January 30, 2024 Memo) AGENCY-NO COMENTS OR CONCERNS 34. State Department of Land and Natural Resources—Land Division, Police Department. AGENCY-NO RESPONSE 35. State Department of Transportation, Hawaii County Civil Defense Agency, Fire Department. PUBLIC COMMENTS 36. As of the date of this writing, no public comments have been received by the Planning Department. 5 AT&T Mobility HIL03306 Volcano Village East Conditional Use Permit Application County of Hawaii 02/10/2023 Planning Depa. Exhibit 1 USE PERMIT APPLICATION COUNTY OF I AWAI`I PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): AT&T Mobility by Erika Reyes, J5 Infrastructure Partners APPLICANT'S SIGNATURE: (See Letters of Authorization) DATE: 02/10/2023 ADDRESS: 500 Kahelu Avenue, Mililani, HI 96789 LIST APPLICANT'S INTEREST (if not owner): Leasee PHONE: (Bus.) (808) 227-4891 (Res.) (Email) ereyes(cr),j5ip.com REQUEST: AT&T Telecommunications Tower TAX MAPKEY(S): (3) 1-1-020:159 ZONING: AG (A-3a) SIZE OF PROPERTY/AREA OF REQUESTED USE: 7.383 acres 1,440 sq. ft. LANDOWNER(S): Hawaii Akatsuka Farm, Inc. FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): (See Letters of Authorization) DATE: DATE: AGENT: Erika Reyes, J5 Infrastructure Partners AGENT ADDRESS:677 Ala Moana Boulevard Suite 917, Honolulu, HI 96813 PHONE: (Bus.) (808) 227-4891 (Res.) (Email) ereyes(a),_j5ip.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Erika Reyes COPIES: PROJECT NARRATIVE CONDITIONAL USE PERMIT HIL03306 VOLCANO VILLAGE EAST Submitted to Hawaii County Planning Commission and County of Hawaii Planning Department Applicant: New Cingular Wireless PCS, LLC ("AT&T") 500 Kahelu Avenue Mililani, Hawaii 96789 Representative: J5 Infrastructure Partners ("J5") 677 Ala Moana Boulevard, Suite 917 Honolulu, Hawaii 96813 Contact: Erika Reyes 808-227-4891 ereyes@j5ip.com Property-Owner: Hawaii Akatsuka Farm, Inc. P.O. Box 220 Volcano, HI 96785 Project Address: 11-3049 Volcano Road, Volcano, HI 96785 Description &Tax Lot: GPS Coordinates: 19.453284' N, -155.176214' W Tax Map Key: (3) 1-1-020:159 Zoning Classification: State LUC Ag, County of Hawaii A-3a J5 is submitting this application on behalf of New Cingular Wireless PCS, LLC ("AT&T") and the underlying property owner. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 2 of 17 1. PROJECT OVERVIEW New Cingular Wireless PCS, LLC, dba AT&T Mobility ("AT&T") is proposing to build a new telecommunications facility ("Facility") including a 150' monopine and equipment compound "HIL03306 Volcano Village East" at the above noted project address. The Facility will provide expanded commercial AT&T 4G LTE wireless phone service to fill a significant coverage gap between Glenwood and Old Volcano community area. As well as, to improve coverage along the main highway between these areas. The Facility also is intended to provide an important public benefit by including equipment to support the FirstNet Nationwide Safety Public Broadband Network' ("FirstNet"). This proposed Facility is part of a more significant initiative by AT&T to upgrade existing wireless sites and to build new sites to support FirstNet and deploy the new frequency band for first responders ("Band 14"). The Facility also will include AT&T's 850MHz low-band 51h Generation ("5G") technology. AT&T intends for its application for the proposed Facility to include the following documents (collectively, "AT&T's Application"): • Attachment 1—Project Narrative (this document) • Attachment 2—Statement of Code Compliance • Attachment 3—AT&T RF Justification • Attachment 4—AT&T RFSSRP Report • Attachment 5—FAA TOWAIR Determination Report • Attachment 6—Site Photos and Photo Simulations • Attachment 7—Letters of Authorization • Attachment 8—Zoning Drawings • Attachment 9—List of Property Owners • Attachment 10—Real Property Tax Clearance • Attachment 11— Flood Hazard Report • Attachment 12— Flood Insurance Rate Map (FIRM) • Attachment 13— NEPA Screening Report • Attachment 14—AT&T Option and Land Licensed - redacted The Facility will be located approximately 700 ft. away from a parcel with an existing Use Permit No. 15-000059, to allow the construction of a Verizon Tower. AT&T considers all siting possibilities and whenever possible, AT&T seeks the most unobtrusive location for its antenna and tower installation. AT&T will first attempt to utilize an existing tower or structure for collocation. In this case, AT&T has attempted in good faith to encourage Verizon Wireless to 'The First Responder Network Authority("FirstNet Authority") is an independent authority within the U.S. Department of Commerce. Chartered in 2012, its mission is to ensure the building,deployment,and operation of the FirstNet Nationwide Safety Public Broadband Network—the nationwide broadband network that equips first responders to save lives and protect U.S.communities. FirstNet grew out of and addresses a 9/11 Commission recommendation calling for improved communications for all U.S.first responders. Learn more at FirstNet.gov/mediakit ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 3 of 17 build their entitled site with Use Permit No. 15-000059, with no success. AT&T has also attempted several times to contact Verizon Wireless over that last year regarding the plan on building the site but have received no commitments or assurances. Due to the urgent need to get coverage and capacity to this area, AT&T has identified the subject parcel, 11-3049 Volcano Road, Volcano, HI 96785, as critical to its expansion of the FirstNet system on the Island of Hawaii. The urgent need for increased service in the area was also made clear over the course of AT&T's RF engineering study, targeting this specific coverage area. Expansion of FirstNet to include the subject Facility and monopine will significantly improve the ability of first responders to coordinate their efforts in addition to providing the diverse users of the area improved cellular service and access to 9-1-1 emergency services. As shown in AT&T's Application, this proposed project meets all applicable requirements of the Hawaii County Code 1983 (2016 Edition, as Amended) for siting new wireless communications facilities and complies with all other applicable state and federal laws and regulations and applicable under Hawaii Revised Statutes § 27-45 — State shot-clock for broadband related permits. AT&T's proposal is also the least intrusive means of meeting its coverage objectives for this site. Accordingly, AT&T respectfully requests the County of Hawaii Planning Director and Commission to approve this project as proposed, subject only to the County of Hawaii standard conditions of approval. 2. PROPOSED PROJECT DETAILS 2.1. Site Description Detailed information regarding the subject property and proposed lease area is included in Attachment 8—Zoning Drawings, to AT&T's application. 2.1.1. Subject property. The subject 7.383-acre property ("Akatsuka Orchid Gardens") is owned by Hawaii Akatsuka Farm Inc. and is located on 11-3049 Volcano Road, Volcano, HI on Hawaii island, TMK: (3) 1-1-020:159 (the "Property"). Akatsuka Orchid Gardens is a family-owned and operated orchid nursery since 1974. They are a wholesaler and retailer of orchids, home to the $20,000.00 Lady Slipper Orchid and is one of the oldest orchid farms on Hawaii island. The property on which the Facility is proposed is improved with a plant nursery with its associated buildings, parking lot, and maintained/landscaped areas. The area of the property on which the installation is proposed currently consists of a regularly maintained (mowed) grass lawn and existing asphalt paved driveway. Land immediately surrounding the Facility consists of undeveloped land to the south, facilities associated with the plant nursery in all other directions, and zoned Agriculture to the north, east, and south with Conservation District land to the west. The Property is within the State "Agriculture" Land Use district and zoned by the County of Hawaii as A-3a. The area is designated as "Extensive Agriculture" in the Land Use Pattern Allocation Guide Map of the Hawaii County General Plan. The subject property is ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 4 of 17 not classified in any of the three categories by the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The proposed facility is not in the Special Management Area (SMA). The proposed facility is located within the area covered by the Puna Community Development Plan. A discussion of the relationship of the proposed facility to the plan is included in Attachment 2—Statement of Code Compliance. 2.1.2. Lease area. The proposed 36-ft x 40-ft lease area (1,440 sq. ft.) for the facility (the "Lease Area") is located on the southeastern portion of the Property. All panel antennas and tower mounted equipment will be painted to match the proposed monopine. The ground lease area will include the proposed 150-foot monopine (145-foot tower plus branches) and a ground base equipment compound within the 36-ft x 40-ft fenced compound and will be surrounded by a 6-foot-high chain link fence with privacy slats and a 12-ft wide locked access gate. 2.1.3. Access and parking. Access to the Facility will be from Volcano Road through Akatsuka Orchid Gardens gate. AT&T is proposing a 12' wide non-exclusive access easement for vehicular, pedestrian, and utilities over a paved driveway crossing tax map key (3) 1-1-020:165 from Volcano Road to the Facility, as outlined in Attachment 8—Zoning Drawings. Access into the Facility itself will be for authorized personnel only. Parking will be on the service road adjacent to the equipment compound. No public parking is required or proposed for the site. 2.2. Project Description -Wireless Facilities and Equipment Specifications of the facilities outlined below, including a site plan, can be found in Attachment 8—Zoning Drawings, to AT&T's Application. 2.2.1. Support structure,Antennas, and accessory equipment. AT&T proposes to install an unmanned 150' monopine telecommunication tower (145' tower with 5' of branches) with related equipment (the "Tower"). An antenna array for AT&T will be at a tip height of 146' consisting of four (4) sectors with four (4) antennas per sector for a total of sixteen (16) antennas, thirty-six (36) remote radio units, six (3) surge suppressors and one (1) GPS antenna. All panel antennas and tower mounted equipment will be painted to match the proposed monopine. No exterior lighting is proposed for the site. 2.2.2. Hours of Operation. Besides the initial construction activity, the facility will be serviced by AT&T technicians on a periodic basis. It is reasonable to expect routine maintenance and inspection of the facility once a month during normal working hours. Beyond this intermittent service, ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 5 of 17 AT&T will require 24-hour access to the facility to ensure that technical support is immediately available if, and when, warranted. 2.2.3. Ground equipment. • The Tower and all ground equipment will be constructed within the 1,440 sq ft equipment compound. • The ground equipment will be enclosed within a chain link fence with double swing gates with privacy slats. • A backup 50kW generator with a 221-gallon tank will also be housed within the enclosed shelter. The emergency generator is Tier 4 Final EPA-Certified for Stationary Emergency and Non-Emergency Applications. The fuel tank will be monitored and maintained by AT&T's technicians. 2.3. Project Environment and Impacts A National Environmental Policy Act Screening Report ("NEPA Screening Report") was completed for the proposed facility by EBI Consulting on April, 28, 2023 to evaluate the proposed wireless facility in accordance with Federal Communications Commission (FCC) NEPA implementing rules (47 CFR §1.1301-1.1320) to determine if it may have a significant environmental effect for which an Environmental Assessment(EA) is required. (See Attachment 13—NEPA Screening Report) Based upon the results of the assessment, the Wireless Facility will not result in a significant environmental effect per §1.1307(a) of FCC NEPA Rules. As such, the preparation of an Environmental Assessment for these criteria is not required. Please refer to the NEPA Summary Checklist, Section 2.0, and the attachments for complete details of EBI's evaluation in Attachment 13—NEPA Screening Report. 2.3.1. Natural Resources Review A Natural Resources Review of the Property was conducted by EBI Consulting on February 22, 2023 (See Attachment 13—N EPA Screening Report). The review included examination of federal and state databases of species and critical habitats. The proposed project consists of the construction of a new communications facility. Specifically, the proposed installation will consist of the construction of a 150-foot monopine tower with support equipment within a 36-foot by 40-foot lease area. Overhead power lines will extend generally northeast to existing sources. The site will be accessed via existing access roads. The property on which the Facility is proposed is improved with a plant nursery with its associated buildings, parking lot, and maintained/landscaped areas. The area of the property on which the installation is proposed currently consists of a regularly maintained (mowed)grass lawn and existing asphalt paved driveway. Land immediately surrounding ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 6 of 17 the Facility consists of undeveloped land to the south, facilities associated with the plant nursery in all other directions. 2.3.1.1. Wilderness Areas. The project area and vicinity is not located within a federal-designated Wilderness Area. Please refer to Attachment 13—NEPA Screening Report for relevant supporting documentation. 2.3.1.2. Wildlife Preserves The project area is not located within a federal-designated Wildlife Preserve. Please refer to Attachment 13—NEPA Screening Report for relevant supporting documentation. 2.3.1.3. Protected Species & Critical Habitats. EBI Consulting utilized on-line U.S. Fish and Wildlife Service (USFWS) information to identify federal-listed threatened and endangered species and designated critical habitat that are known to occur within the vicinity (See Attachment 13—NEPA Screening Report). EBI Consulting also reviewed the USFWS Critical Habitat Portal online mapping tool to identify critical habitats within the immediate project vicinity. EBI also evaluated State-protected species and habitat data to evaluate whether either might be present in the project vicinity. Based on EBI's review, suitable habitats capable of supporting the listed species were not noted at the proposed Project Site. As such, the Wireless Facility is anticipated to have 'No Effect' on the identified species. Based on EBI's findings above, and in accordance with the provisions of Section 7 of the Endangered Species Act (ESA), no consultation with the USFWS is required. EBI submitted project details and a request for species data and /or comment to the Hawaii Department of Land and Natural Resources. In response to EBI's submittal, no specific concerns relative to potential impacts of the Wireless Facility on protected species or critical habitat were identified. The response did include standard language reiterating the need to assess for potential impacts to flood zones. Please refer to Attachment 13—NEPA Screening Report for relevant supporting documentation. Wetlands EBI reviewed USFWS National Wetlands Inventory (NWI) maps and any other publicly available Geographic Information System (GIS) wetlands mapping resources to identify the presence of known wetlands at or in the vicinity of the Project Site. EBI also reviewed online aerial photography and available Project Site photos, as well as project design and location details provided by the Applicant. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 7 of 17 Based on EBI's review of the above-referenced resources, the development of the Wireless Facility at the Project Site is not anticipated to impact wetlands and will not require the significant removal of trees (i.e. deforestation). Therefore, no significant changes to surface features is anticipated. Federally Listed Species and Critical Habitats EBI utilized the USFWS Information for Planning and Consultationl (IPaC) online project review tool to identify species that are federally listed or proposed for listing under the Endangered Species Act (ESA), and that are known to occur within the project vicinity. Based on EBI's research of online files maintained by the USFWS, twenty-five (25)such federal-listed (i.e.endangered or threatened) species are known to occur within the project vicinity. Additionally, EBI utilized the USFWS online Critical Habitat Porta12 online mapping tool and determined that the proposed Facility location is not within a designated critical habitat. State Protected Species EBI also reviewed online resources maintained by the Hawaii Department of Land and Natural Resources (HDLNR) to identify any state-listed animal species of greatest conservation need or threatened and endangered plant species that are known to occur within proximity of the proposed Project Site. Based on EBI's review of these online resources, nine animal (9) species of greatest conservation need, and numerous threatened and endangered plant species are known to occur on the island of Hawai'i. As such, the HDLNR will be invited to comment on state resources. Based on EBI's review, suitable habitats capable of supporting the listed species were not noted at the proposed Project Site. As such, the Wireless Facility is anticipated to have 'No Effect' on the identified species. Migratory Birds EBI also evaluated the potential of the Wireless Facilityto significantly impacts species protected by the Migratory Bird Treaty Act (MBTA). Specifically, EBI evaluated the Wireless Facility against the USFWS's Communications Tower Siting, Construction, Operation, and Decommissioning Recommendations'interim guidance. Further, the provisions of §1.1307(b)(2)(d) of FCC NEPA rules require that an Environmental Assessment must be prepared for any wireless communications tower that exceeds 450 feet above ground level (AGL). Based on a review of the project details, the Wireless Facility meets the USFWS's key tower design and location recommendations. Further, if required, the Wireless Facility will utilize only FAA-mandated lighting systems. As such, it is not anticipated to result in a significant adverse effect to species protected by the MBTA. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 8 of 17 In addition, the USFWS also provided the Biosecurity Protocol — Hawaii Island for operating on Hawaii island that includes recommendations to prevent the introduction of invasive species. 2.3.2. Archaeology, Historic&Cultural Resources. Based on EBI's review, the Wireless Facility does not meet the necessary criteria set forth in either FCC NEPA rules, the Collocation Agreement, or the 2004 NPA to apply an exemption from Section 106 review. As such, consultation with the SHPO was required. Using the FCC's e-106 system, EBI provided the SHPO with project details, copies of consultation correspondence to date, the results of EBI's evaluation of the potential effects of the project on historic and archaeological resources, and a request for comment. In response to EBI's submittal, the SHPO determined that as proposed, the Wireless Facility will have 'No Effect' on districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture, that is listed or is eligible for listing in the National Register of Historic Places. In the unlikely event that unanticipated Historic Properties, cultural artifacts, archeological deposits, or human remains are inadvertently encountered during the proposed construction and associated excavation activities, all ground disturbing activities will halt immediately and the appropriate local officials and state agencies contacted, in accordance with Federal and State regulations (36 CFR 800.13(b)). 2.3.3. Visual Impacts. The proposed tower is set back 20 feet from the adjacent property to the south with Tax Map Key (3) 1-1-020:158, also owned by Hawaii Akatsuka Farm Inc. The Property has many mature trees surrounding the proposed monopine location. The stealth monopine is designed to blend with the existing tree cover and surroundings of the farm. It is anticipated that the monopine will not be overtly visible from Volcano Road and Kahauale'a Road and there will be minimal visual impacts to the community. (See Attachment 6—Site Photos). 2.3.4. Public Services, Utilities, and Traffic. The proposed project does not require wastewater disposal or water facilities. The proposed project does not require public parking or traffic control measures. The unmanned facility only requires periodic maintenance and will not generate additional traffic in the area. Electrical power and backhaul will be accessed through existing overhead power lines. The location, size, design and operating characteristics of the proposed communications facility will not create unusual noise, traffic or other conditions or situations that may be ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 9 of 17 objectionable, detrimental or incompatible with other permitted uses in the vicinity, in particular: • The equipment associated with the facility operates virtually noise-free. • The equipment does not emit fumes, smoke, dust, wastewater or odors. • The equipment does not require water, or sewage disposal. • The facility is unmanned and requires only periodic maintenance. The proposed facility will not result in conditions or circumstances contrary to the public health, safety, and general welfare in that advanced technologies, such as wireless telecommunications, are an asset to local businesses and individual customers. All AT&T telecommunications facilities operate in full compliance with the regulations and licensing requirements of the Federal Communications Commission (FCC)and the Federal Aviation Administration (FAA). 2.3.5. Radio Frequency Radiation. A Maximum Permissible Exposure (RFSSRP) study (see Attachment 4—RFSSRP Report) was completed by Centerline Communications, RF Compliance Experts for the proposed Facility to determine if the Facility would comply with FCC regulations. Centerline Communications determined that the maximum cumulative simulated RFE Level at ground level would be < 1% General Public Limit. Upon evaluation of the cumulative RF emission levels from all operators at this site, RF hazard signage and antenna locations, Centerline Communications determined that: AT&T Mobility, LLC will be compliant when the remediation recommended in Section 6.1 or other appropriate remediation is implemented. The compliance determination is based on General Public RFE levels derived from theoretical modeling, RF signage placement, proposed antenna inventory and the level of restricted access to the antennas at the site. Any deviation from the AT&T Mobility, LLC's proposed deployment plan could result in the site being rendered non-compliant. Required Changes include: Monopole Access Location (1) Yellow Caution 28 sign required on the monopole base. 2.3.6. Flood Hazards ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 10 of 17 The Property is in Flood Hazard Zone X: "Areas determined to be outside the 0.2%annual chance floodplain"(see Attachment 12—Flood Hazard Report). 2.3.7. Community Engagement Majority of the surrounding properties are undeveloped. Adjacent property owners within 500' will be notified of the proposed project. (See Attachment 9—List of Property Owners). 3. AT&T NETWORK COVERAGE AND SERVICES 3.1. Overview—AT&T 5G and 4G LTE AT&T is upgrading and expanding its wireless communications network to support the latest 5G and 4G LTE technology. 5G and 4G stand for "51h Generation" and "4th Generation" and LTE stands for "Long Term Evolution." These acronyms refer to the ongoing process of improving wireless technology standards, which is now in its 51h generation. With each generation comes improvement in speed and functionality-4G LTE offers speeds up to ten times faster than 3G and 5G offers speeds up to 1-gigabit per second (See Attachment-3 RF Justification). This technology is the next step in increasing broadband speeds to meet the demands of uses and the variety of content accessed over mobile networks, and is necessary to facilitate capabilities that are being designed into the latest devices (i.e. Samsung Galaxy S22, iPhone 14). 5G, specifically, is the next generation of wireless technology expected to deliver latency and capacity enhancements that will help enable revolutionary new capabilities for consumers and businesses. There are several components of 5G wireless technology and separate bands of wavelength spectrum used to build a 5G network: • Low-band 5G. Low-band 5G frequencies (generally below 2GHz) are the oldest cellular (and TV) frequencies and are being used by AT&T to provide widely-available 5G service in residential, suburban, and rural areas. This is the same spectrum used for 3G and 4G today. The low-band 850MHz 5G frequency is proposed for this Facility. Low-band 5G frequencies are a tradeoff of download speed versus distance and service area—they are slower than the high-band mmWave and mid-band frequencies, but they travel the farthest and can pass through more obstacles to provide a better, more reliable indoor and outdoor signal for a larger service area (i.e., miles, not feet). • Mid-band 5G. Mid-band 5G frequencies (generally 3-10GHz) cover most current cellular and WiFi frequencies and provide broader coverage than high-band mmWaves (typically a half a mile), but with slower speeds. Use of these frequencies is not as prevalent for building a 5G network as much of the bandwidth in this range is currently unavailable. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 11 of 17 • High-band SG+ mmWave. High-band millimeter wave (mmWave) frequencies (generally 20-100GHz) are the new FCC-approved frequencies most associated with 5G service— "5G+" is AT&T's name for 5G service delivered using high-band mmWave spectrum.AT&T offers an enhanced wireless experience on 5G+with mmWave service though with more limited coverage. Results continue to be impressive, with peak download speeds up to 1 gigabit per second (Gbps) — fast enough to stream 4K movies. High-band mmWave frequencies deliver this unprecedented performance by transmitting a large amount of data more efficiently than 4G LTE, but can only travel short distances (-1,000ft). Accordingly, high-band mmWave sites need to be in close proximity to one another and are typically used in dense, high trafficked areas such as urban areas, stadiums/arenas, airports, manufacturing and healthcare centers, etc. 5G wireless technology also includes enhanced network radio protocols and other improvements in data transmission that allow the network to more efficiently use the same frequencies currently used today for 4G. As noted, AT&T is proposing to deploy low-band 850MHz 5G at this Facility. Upon completion, the Facility will become part of AT&T's statewide and nationwide communications networks. 3.2 Statement of Objectives for Proposed Facility This proposed Facility meets AT&T's service objectives (providing outdoor, in-vehicle, and in- building wireless coverage) by filling a gap in AT&T's 4G LTE network coverage experienced by its customers between Glenwood and Old Volcano community area. As well as, along the main highway between these areas. The Facility also meets AT&T's objective to provide expanded FirstNet coverage for first responders (as further detailed in Section 4, below). In addition to expanding the 4G LTE network, this site will also expand AT&T's 5G network in support of the next generation of wireless technology using low-band 850MHz 5G . (See Attachment 3—AT&T RF Justification). AT&T has determined a need for service in this geographic area through a combined analysis of market demand, service requests, radio frequency engineering design, and input from public safety officials. This proposed Facility will provide all AT&T/FirstNet customers with reliable wireless service in the Targeted Service Area, including fewer dropped calls, improved call quality, and emergency 911 calls. The FirstNet network will allow the utilization of the priority and preemption feature and wireless applications (Computer Aided Dispatch (CAD), Records Management System (RMS), Geographic Information System Mapping (GIS), etc.) for faster response and situational awareness, especially during emergency events. 4. FIRSTNET FirstNet is the country's first nationwide communications platform dedicated to public safety, representing a giant leap in communications capabilities for public safety personnel that will ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 12 of 17 benefit the communities they serve. FirstNet gives first responders access to one highly secure, dedicated, interoperable network and ecosystem supporting voice, data, text, and video communications—technology they need to better communicate and collaborate across agencies and jurisdictions. The FirstNet Authority' s mission is to provide and maintain a single, interoperable platform that consistently satisfies the demanding communications needs of the public safety community in Hawaii and across the country. New radio access network (" RAN") sites are essential to the success of the program and delivering the mission critical coverage public safety needs to communicate and save lives. FirstNet will enhance emergency communications for everyday use as well as for large-scale emergencies, weather events and other natural disasters that disrupt the state. For example, Hawaii County Fire Department(HCFD) uses the FirstNet network to view real-time data related to emergency conditions prior to their arrival on site. Similarly, Hawaii County Police Department(HCPD) utilizes the FirstNet network in concert with the County owned Land Mobile Radio (LMR) system to provide communications and rapid access to data. 4.1. FirstNet Authority The First Responder Network Authority ("FirstNet Authority") is an independent authority within the U.S. Department of Commerce. Chartered in 2012, the FirstNet Authority is charged with carrying out public safety's vision of FirstNet, bringing first responders a dedicated communications ecosystem. The FirstNet Authority consulted extensively with each state,tribes, local governments, and the public safety community regarding how FirstNet will be deployed. 4.2. AT&T FirstNet Partnership Through a first-of-its-kind public-private partnership with FirstNet, AT&T is responsible for building, maintaining, operating, and upgrading FirstNet for the next 25 years. AT&T is upgrading its existing wireless sites and building new wireless facilities to deploy the wireless spectrum set aside for public safety—Band 14. Band 14 is designed to be reliable, functional, safe, and secure and provide optimal levels of operational capacity at all times. Additionally, as of January 1, 2018, FirstNet users have access to FirstNet on all AT&T commercial LTE bands, allowing them to also benefit from AT&T's overall improvements to its commercial network. Simply put, FirstNet provides public safety users with the assurance of network access whenever they need it. Accordingly, AT&T must closely consider location, lease, and facility requirements for the siting, placement, and operation of FirstNet facilities to ensure that, over the course of its 25-year partnership, appropriate accommodations can be made to support the evolving mission- critical services of FirstNet. In August 2017, Governor Ige opted into the FirstNet Authority plan for RAN deployment in Hawaii and thus authorizing construction of the FirstNet network in areas of the state where public safety needs coverage and capacity. By opting-in, Governor Ige enabled public safety to rapidly access broadband services in Hawaii, while also allowing the prompt buildout and ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 13 of 17 deployment of the network which began in March of 2018. His decision also directed the FirstNet Authority to take on all the risks, costs, and responsibilities associated with deploying the network in Hawaii for 25 years and take immediate steps to make prioritized services and features available to public safety in the state. 4.3. FirstNet Coverage FirstNet, built by AT&T, will span all 50 states, five U.S. territories, and the District of Columbia, including rural communities and tribal lands in those states and territories. As an all-band solution, FirstNet is built on AT&T's commercial LTE bands in addition to Band 14. This gives FirstNet users access to even more coverage and capacity. 4.4. FirstNet Core FirstNet is a separate communications platform operating on a physically separate, dedicated core that is purpose-built for public safety based on their specifications and requirements. The FirstNet core is built on physically separate hardware, which effectively separate public safety's traffic from commercial traffic. The FirstNet core is also monitored 24/7/365 by a dedicated Security Operations Center with a dedicated team of experts. 4.5. Priority and Preemption A key differentiator of FirstNet is always-on priority and preemption with multiple priority levels that primary users can allocate as needed. This technology is available to FirstNet users over the AT&T LTE commercial bands and Band 14. Priority means first responders connect first. Priority moves first responders to the front of the "communications line," prioritizing their network needs—they don't have to compete with non- emergency users for a connection. Preemption goes a step further to make sure first responders can access FirstNet when they need to, 24/7/365. Preemption helps ensure first responders have the bandwidth they need, when they need it most—when the communications line becomes crowded, preemption shifts non- emergency traffic, freeing up space for FirstNet users to easily get through. Calls or texts to 911 will never be preempted or shifted from the network. S. SEARCH RING AT&T's radio frequency ("RF") engineers performed an RF engineering study, considering multiple objectives, to determine the approximate site location and antenna height required to fulfill the noted network objectives for the Targeted Service Area. From this study, AT&T's RF engineers identified a "search ring" area where a wireless facility may be located to provide effective service in the target coverage area. This includes vital coverage under the FirstNet program for First Responders. The search ring established for this proposal, and a description of the methodology used to identify the search ring, is provided in Attachment 3—RF Justification. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 14 of 17 6. ALERNATIVE ANALYSIS AT&T considers all siting possibilities within, and adjacent to, a search ring to determine the best location for a new facility to meet AT&T's service objectives for the Targeted Service Area. AT&T will first attempt to utilize an existing tower or structure for collocation at the desired antenna height. If an existing tower or structure is not available or determined to be infeasible, AT&T will then propose a new tower. For this proposed Facility, AT&T's construction and real estate group, with the assistance of outside consultants, thoroughly analyzed all siting options and requirements, as outlined below, and did not identify any available and/or feasible alternative locations within the search ring to locate the proposed new Facility. AT&T's RF engineers evaluated two alternative site locations within the targeted search ring as possible locations for the proposed new WCF. Alternative Site #1 New Hope Christian Fellowship Church, 11-3019 Old Volcano, Volcano, HI 96785: Raw land build of a 150-foot tower with a private landowner located approximately 0.5 miles north from the proposed new tower location. This alternative location was not selected because AT&T was not able to secure a Lease Agreement with the property owner. 7. APPLICABLE LAW 7.1. Local Codes 7.1.1. Use Permit Pursuant to Chapter 25 section 25-2-61 of the Hawaii County Code relating to Zoning"the following uses shall be permitted within designated County zoning districts only if a use permit is obtained for the use from the commission. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A and IA districts." Also, under Chapter 25 section 25-4-12 of the Hawaii County Code relating to Telecommunications antennas or towers states "a telecommunication antenna or tower may be permitted in all districts, except RS, RD, RM, and RCX districts; provided that the antenna, tower and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. A telecommunication antenna or tower may be permitted in the RS, RD, RM and RCX districts if a use permit is obtained for such use." In accordance with the above County Codes, AT&T requests approval of a Use Permit for a new telecommunication facility at the proposed site. See Attachment 2—Statement of Code Compliance for AT&T's demonstration of compliance with the applicable code. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 15 of 17 7.2. State of Hawaii Law Chapter 205-4.5 HRS, Permissible uses within the state agricultural district. State Land Use Chapter 205-4.5, HRS, and Chapter 205-5(b) define permissible uses within the state agricultural district and authorize the County of Hawaii to determine uses by zoning ordinance. The Hawaii County zoning for the subject property is A-3a which allows for telecommunications antennas with a Use Permit. See Attachment 2—Statement of Code Compliance for AT&T's demonstration of compliance with the applicable code. 7.3. Federal Law Federal law, primarily found in the Telecommunications Act of 1996 ("Telecom Act"), acknowledges a local jurisdiction's zoning authority over proposed wireless facilities but limits the exercise of that authority in several important ways. Local jurisdictions may not materially limit or inhibit. The Telecom Act prohibits a local jurisdiction from taking any action on a wireless siting permit that"prohibit[s] or [has] the effect of prohibiting the provision of personal wireless services." 47 U.S.C. § 332(c)(7)(B)(i)(II). According to the Federal Communications Commission ("FCC") Order adopted in September 2018,2 a local jurisdiction's action has the effect of prohibiting the provision of wireless services when it "materially limits or inhibits the ability of any competitor or potential competitorto compete in a fair and balanced legal and regulatory environment.113 Under the FCC Order, an applicant need not prove it has a significant gap in coverage; it may demonstrate the need for a new wireless facility in terms of adding capacity, updating to new technologies, and/or maintaining high quality Service.' While an applicant is no longer required to show a significant gap in service coverage, in the Ninth Circuit, a local jurisdiction clearly violates section 332(c)(7)(B)(i)(II) when it prevents a wireless carrier from using the least intrusive means to fill a significant gap in service coverage. T-Mobile U.S.A., Inc. v. City of Anacortes, 572 F.3d 987, 988 (9th Cir. 2009). • Significant Gap. Reliable in-building coverage is now a necessity and every community's expectation. Consistent with the abandonment of land line telephones and reliance on only wireless communications, federal courts now recognize that a "significant gap" can exist based on inadequate in-building coverage. See, e.g., T-Mobile Central, LLC v. Unified Government of Wyandotte County/Kansas City, 528 F. Supp. 2d 1128, 1168-69 (D.Kan. 2007), affirmed in part, 546 F.3d 1299 (101h Cir. 2008); MetroPCS, Inc. v. City and County of San Francisco, z Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order,WT Docket No. 17-79,WC Docket No.17-84, FCC 18-133(rel.Sept.27,2018);83 Fed. Reg.51867 (Oct. 15,2018)("FCC Order"). 3 Id. at¶35. 4 Id. at¶¶34-42. ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 16 of 17 2006 WL 1699580, *10-11 (N.D. Cal. 2006). • Least Intrusive Means. The least intrusive means standard "requires that the provider 'show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve."' 572 F.3d at 995, quoting MetroPCS, Inc. v. City of San Francisco, 400 F.3d 715, 734 (9tn Cir. 2005). These values are reflected by the local code's preferences and siting requirements. 7.3.1. Environmental and health effects prohibited from consideration. Also, under the Telecom Act, a jurisdiction is prohibited from considering the environmental effects of RF emissions (including health effects)of the proposed site if the site will operate in compliance with federal regulations. 47 U.S.C. § 332(c)(7)(B)(iv). AT&T has included with this application a statement from its radio frequency engineers demonstrating that the proposed facility will operate in accordance with the Federal Communications Commission's RF emissions regulations. See Attachment 4—AT&T MPE Report. Accordingly, this issue is preempted under federal law and any testimony or documents introduced relating to the environmental or health effects of the proposed Facility should be disregarded in this proceeding. 7.3.2. No discrimination amongst providers. Local jurisdiction also may not discriminate amongst providers of functionally equivalent services. 47 U.S.C. § 332(c)(7)(13)(i)(1). A jurisdiction must be able to provide plausible reasons for disparate treatment of different providers' applications for similarly situated facilities. 7.4. Timeline for Review The following state and federal timelines for review apply to AT&T's Application for the proposed Facility, none of which are exclusive. 7.4.1. State timeline for review. AT&T's Application is also subject to the state timeline for review of broadband-related permits under Section 46-89 HRS. Section 46-89(a) HRS states: (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county." ATTACHMENT 1—Project Narrative AT&T's Application—HIL03306 Volcano Village East Page 17 of 17 Section 46-89(f) HRS states: (f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a)shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice. Section 46-89(h) states: (h) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of- way, and undersea boring, or the landing of an undersea communications cable. 7.4.2. Shot Clock. Finally, the Telecom Act requires local jurisdictions to act upon applications for wireless communications sites within a "reasonable" period of time. 47 U.S.C. § 332(c)(7)(B)(ii). The FCC has issued a "Shot Clock" rule to establish a deadline for the issuance of land use permits for wireless facilities. 47 C.F.R. § 1.6001, et seq. A presumptively reasonable period of time for a local government to act on all relevant applications for a "macro" wireless facility on a new structure is 150 days. 47 C.F.R. § 1.6003(c)(1)(iv). The Shot Clock date is determined by counting forward 150 calendar days from the day after the date of submittal, including any required pre-application period. 47 C.F.R. § 1.6003(e). 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HIL03306 Cell Site Name: Volcano Village East Search Ring Name: HIL03306 Volcano Villagc Fast Fixed Asset Number 15965419 LAND LICENSE AGREEMENT THIS LAND LICENSE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the"Effective Date"), is entered into by Hawaii Akatsuka Farris, Inc., a Hawaii corporation, having a mailing address of P.Q. Box 220 Volcano, HI 96785 ("Landlord''I and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 31 Floor,Atlanta, GA 30319{"Tenant"). BACKGROUND Landlord owns or controls that certain plot,parcel or tract of land, as described on Exhibit 1,together with all rights and privileges arising in connection therewith,located at 11-3049 Old Volcano Hwy,Volcano,HI 96785,in the County of Hawaii,State of Hawaii,identified as Tax Map Parcel No.(3) 1-1-020:159(collectively, the "Property"). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. LICENSE OF LICENSED AREA. Landlord hereby licenses to Tenant a certain portion of the Property containing approximately 1,440 square feet including the air space above such ground space,as described or depicted on attached Exhibit 1, (the"Licensed Area"), for the placement of a Communication Facility in accordance with the terms of this Agreement,together with vehicular and pedestrian access over a paved driveway crossing tax map parcel(3) 1- 1-020-165 from Old Volcano Highway to the Licensed Area,and the right to install overhead electricity and fiber utility lines from an existing utility pole located on tax map parcel (3) 1-1-020-165 to the Licensed Area. 2. PERMITTED USE. Tenant may use the Licensed Area for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure ("Structure"), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Licensed Area (the "Communication Facility"),as well as the right to test,survey and review title on the Property;Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including,but not limited to, emergency 911 communication services,(collectively,the"Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90)days following the start of construction,Landlord grants Tenant,its subtenants,licensees and sublicensees, the right to use such portions of the Landlord's contiguous,adjoining or surrounding property(the"Surrounding Property") as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas,electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations,upgrades or additions appropriate for Tenant's Permitted Use, including the right to construct a fence around the Licensed Area or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant's safety (00159764-5) tVolc=oVifteFnQLeodticdsseAgrevnrnt(p0IS97G4.5)Omc_01.04.: procedures or applicable law, and undertake any other appropriate means to secure the Licensed Area or equipment at Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the Communication Facility(including,for example,increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Licensed Area at any time during the Term. 'Tenant will be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the "Additional Licensed Area"), for such modification or upgrade, Landlord agrees to license to Tenant the Additional Licensed Area,upon the same terms and conditions set forth herein,except that the License Fee shall increase, in conjunction with the license of the Additional Licensed Area by the amount equivalent to the then- current per square foot license fee rate charged by Landlord to Tenant times the square footage of the Additional Licensed Area. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the license of the Additional Licensed Area to Tenant. 3. TERM. (a) The initial license term(the"Initial Term"),will continence on the Effective Date and terminate on the fifth(5th) anniversary of the License Fee Commencement Date(defined below). (b) This Agreement will automatically renew for live (5) additional five (5) year term(s) (each additional five(5)year term shalt be defined as an"Extension Term"),upon the same terms and conditions set forth herein unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty(60)days prior to the expiration of the Initial Term or the then-existing Extension Terra. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or(ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Tenn,this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one(1) year, and for annual terms thereafter("Annual Term") until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six(6) months prior to the end of any such Annual Term. The monthly License Fee during such Annual Terms shall be equal to the License Fee paid for the last month of the final Extension Term. If Tenant remains in possession of the Licensed Area after the termination of this Agreement, then Tenant will be deemed to be occupying the Licensed Area on a month-to-month basis (the"Holdover Term"),subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terns, any Annual Terns and any Holdover Term are collectively referred to as the"Term." 4. LICENSE FEE. (a) Commencing on the first day of the month followin the date that Tenant commences construction (the "License Fee Commencement Date"), the"License Fee"),at the address set forth above. In any partial month occurring after the License Fee Commencement Date, the License Fee will be prorated. The initial License fee payment will be forwarded by Tenant to Landlord within forty-five (45) days after the License Fee Commencement Date. Tenant shall also pay to Landlord the current rate(4.712%as of the date hereof)of any general excise taxes("GET")on all Rent and any other charges payable under this Agreement by Tenant to Landlord such as utilities and taxes that are billed by Landlord. (b) icense Fee Commencement Date during the Term,the monthly License Fee ver the License Fee paid during the previous year. c All charges payable under this Agreement such as utilities and taxes shall be billed b Landlord ( ) g p Y g Y within one (1) year from the end of the calendar year in which the charges were incurred„ any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly License Fee which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. I QO t 54764-5] 2 (VaIcLao V i llagc FAA)L*nd Licmw Aptcxmmt(6015476L5)Clam.01,01:2 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Licensed Area is contingent upon the suitability of the Licensed Area and Property for the Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist "Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a Icasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain,at Tenant's sole cost and expense,soil borings,percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant's use of the Licensed Area will be compatible with Tenant's engineering specifications,system,design,operations or Government Approvals. b. TERMINATION. This Agreement may be terminated,without penalty or further liability,as follows: (a) by either party on thirty(30)days prior written notice, if the other party remains in default under Section 155 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results,that the condition of the Licensed Area is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty(60) days' prior written notice to Landlord for any reason or no reason,so long as Tenant pays Landlord a termination fee equal to three(3) months' License Fee, at the then-current rate, provided,however,that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following Section 5 Approvals, Section 6(a)Termination, Section 6(b)Termination, Section 6(c)Termination, Section 6(d)Termination,Section I I(d) Environmental, Section 08 Condemnation or Section 19 Casualty. 7. INSURANCE. During the Term,Tenant will purchase and maintain in full force and effect such general liability policy as Tenant may deem necessary. otwl tan ing the foregoing,Tenant shall have the right to self-insure such general liability coverage. 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Licensed Area will not interfere with those existing radio frequency uses on the Property,as long as the existing radio frequency user(s)operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party,if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not,nor will Landlord permit its employees,tenants, licensees, invitees,agents or independent contractors to interfere in any way with the Communication Facility,the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four(24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within 100159764-5) 3 1Vatrsno Village EW)Und License Agmxn,sa(001591W-i]_Clrni_Of.W.'_2 the aforementioned cure period,Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement,"interference'may include,but is not limited to,any use on the Property or Surrounding Property that causes electronic or physical obstruction with,or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss,damage or liability ,costs or expenses in connection with a third party claim(including reasonable attorneys' fees and court costs) arising directly from the installation,use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement,except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, invitees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss,damage or liability,costs or expenses in connection with a third party claim(including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, invitees, agents or independent contractors, or Landlord's breach of any provision of this Agreement,except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) The indemnified party: (i)shall promptly provide the indemnifying party with written notice of any claim,demand,lawsuit,or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands,notices,summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and(iii)shall fully cooperate with the indemnifying party in the defense of the claim,demand,lawsuit,or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation,except(1)to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Each of Tenant and Landlord(to the extent not a natural person)each acknowledge and represent that it is duly organized,validly existing and in good standing and has the right,power,and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set Forth as signatory for the party below, (b) Landlord represents,warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license;(ii)the Property is not and will not be encumbered by any liens,restrictions,mortgages,covenants,conditions, easements,leases, licenses,or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Licensed Area under this Agreement; (iii)then Landlord grants to Tenant sole, actual,quiet and peaceful use, enjoyment and possession of the Licensed Area in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) Landlord's execution and performance of this Agreement will not violate any laws,ordinances,covenants or the provisions of any mortgage, lease, license or other agreement binding on Landlord; and(v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a mutually agreeable subordination,non-disturbance and attornment agreement executed by Landlord and the holder of such security interest in the form attached hereto as Exhibit 10(b). 11. ENVIRONMENTAL. (a) Landlord represents and warrants, except as may be identified in Exhibit 1 i attached to this Agreement, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos- containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation,inquiry or remediation. Landlord and Tenant {00159764-5) 4 (Vol=o Vil4c Eaa)Land teem A&m ml(00159764-5)_Cle _O L04.22 agree that each will be responsible for compliance with any and all applicable governmental Iaws,rules,statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety,as may now or at any time hereafter be in effect, to the extent such apply to that party's activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties,sanctions, forfeitures,losses,costs or damages,and for responding to any action,notice,claim,order, summons, citation, directive, litigation, investigation or proceeding ('Claims'), to the extent arising from that party's breach,of its obligations or representations under Section I I(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties,responsibilities and liabilities at the sole cost and expense of Landlord for,payment of penalties, sanctions, forfeitures, fosses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for,payment of penalties,sanctions,forfeitures,losses,costs or damages,and for responding to any Claims,to the extent arising from hazardous substances brought onto the Property by Tenant, (c) The indemnification provisions contained in this Section 1 I specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, rem+ediation,removal or restoration work required by any governmental authority. The provisions of this Section 01 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental,health or safety condition or matter relating to the Property,that,in Tenant's sole determination, renders the condition of the Licensed Area or Property unsuitable for Tenant's use,or if Tenant believes that the leasing or continued leasing of the Licensed Area would expose Tenant to undue risks of liability to a government agency or other third party,then Tenant will have the right, in addition to any other rights it may have at law or in equity,to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access ("Access") to and over the Property, from an open and improved public road to the Licensed Area, for the installation,maintenance and operation of the Communication Facility and any utilities serving the Licensed Area. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access to Tenant. Upon Tenant's request,Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12;upon Tenant's request,Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System("UAS") in connection with its installation, construction, monitoring, site audits, inspections,maintenance,repair,modification,or alteration activities at a Property,Landlord hereby grants Tenant, or any UAS operator acting on Tenant's behalf, express permission to fly over the applicable Property and Licensed Area,and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Landlord acknowledges that in the event Tenant cannot obtain Access to the Licensed Area,Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty,$500 per day in consideration of Tenant's damages until Landlord cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of Access are difficult, if not impossible,to ascertain,and the liquidated damages set forth above are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and,at Tenant's option,may be removed by Tenant at (00159744-5) 5 (ValmoVitlapEt)lmdlic Agre=tnttOO159754-5)_OOM Ol44.22 any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed,erected or placed on the Licensed Area by Tenant will become,or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed,erected or placed by Tenant on the Licensed Area will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty(120) days after the later of the end of the Term and cessation of Tenant's operations at the Licensed Area shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing,Tenant will not be responsible for the replacement of any trees,shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Licensed Area in good condition,reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Licensed Area where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity,telephone service or any other utility used or consumed by Tenant on the Licensed Area. In the event Tenant cannot secure its own metered electrical supply,Tenant will have the right,at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement,Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis.Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within sixty(60) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant's reimbursement obligations hereunder. Within fifteen(15)days after a request from Tenant, Landlord shall provide copies of such utility billing records to the Tenant in the form of copies of invoices,contracts and cancelled checks. If the utility billing records reflect an overpayment by Tenant,Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant. (c) As noted in Section 4(c)above, any utility fee recovery by Landlord is limited to a twelve(12) month period.If Tenant submeters electricity from Landlord,Landlord agrees to give Tenant at least twenty-four (24)hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four(24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant's reasonable determination,Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with,interruption of or failure, beyond the reasonable control of Landlord,of such services to be furnished or supplied by Landlord. (d) Tenant will have the right to install utilities,at Tenant's expense,and to improve present utilities on the Property and the Licensed Area. Landlord hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Licensed Area, and upon the Licensed Area, for the purpose of constructing, operating and maintaining such lines,wires, circuits,and conduits,associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Licensed Area. Upon Tenant's or service company's request, Landlord will execute a separate recordable easement evidencing this grant,at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CORE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of License Fee if such License Fee remains unpaid for more than thirty (30)days after written notice from Landlord of such failure to pay; or(ii)Tenant's failure to perform any other term or condition under this Agreement within forty-five(45)days after written notice from Landlord specifying the failure.No such failure, (00159764-5) 6 (Volcano Village East)Land Ucm Agmmmt(00Y59763-5)jOcan_04.04.2Z however,will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period,then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord's failure to ,provide Access to the Licensed Area as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii)Landlord's failure to cure an interference problem as required by Section 8 within twenty-four(24)hours after written notice of such failure; or(iii)Landlord's failure to perform any term,condition or breach of any warranty or covenant under this Agreement within forty-five(45)days after written notice from Tenant specifying the failure. No such failure,however,will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period,Tenant will have: (i)the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant,and(ii)any and all other rights available to it under law and equity. 16. ASSIGNMENTISUBLICENSE. Tenant will have the right to assign this Agreement or sublicense the Licensed Area and its rights herein, in whole or in part, without Landlord's consent. Upon notification to Landlord of such assignment,Tenant will be relieved of all future performance,liabilities and obligations under this Agreement to the extent of such assignment.. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail,return receipt requested, or by a nationally recognized overnight courier,postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows: If to Tenant: New Cingular Wireless PCS,LLC Attn: Network Real Estate Administration Re: Cell Site M HIL03306;Cell Site Name: Volcano Village East(HI) Fixed Asset M 15965419 1025 Lenox Park Blvd.NE,3'Floor Atlanta,Georgia 30319 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Dept—Network Operations Re: Cell Site M IM03306; Cell Site Name: Volcano Village East(HI) Fixed Asset 9: 15965419 208 S.Akard Street Dallas,TX 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Hawaii Akatsuka Farm, Inc. Attn:Takeshi Akatsuka P.O.Box 220 Volcano, 14196785 Either party hereto may change the place for the giving of notice to it by thirty(30)days' prior written notice to the other party hereto as provided herein- (do C 59764-5) 7 (Vote o Villagc East)Land Lwcnx Agrommi(06t59764.5)0c=_OI.04«: 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty-four(24)hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Licensed Area unsuitable for Tenant,this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses,prepaid License Fee, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid License Fee on a pro rasa basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within twenty-four(24)hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Licensed Area unsuitable,in Tenant's sole determination, then Tenant may temainate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid License Fee on a pro rota basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including License Fee. If Landlord or Tenant undertakes to rebuild or restore the Licensed Area and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property until the reconstruction of the Licensed Area and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty(30)days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19,then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant's Permitted Use of the Licensed Area to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the License Fee shall be abated until the Property and/or the Licensed Area are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have,statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shalt be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. (a) Landlord shall be responsible for(i)all taxes and assessments levied upon the lands,improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method,including the income method,(ii)all sales,use,license,value added,documentary,stamp,gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement,and(iii)all sales,use,license,value added,documentary,stamp,gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of License Fee payments by Landlord. Tenant shall be responsible for(y)any taxes and assessments attributable to and levied upon Tenant's leasehold improvements on the Licensed Area if and as set forth in this Section 21 and(z)all sales,use,license,value added,documentary, stamp,gross receipts,registration,real estate transfer,conveyance,excise, recording,and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublicense by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary,estate or profit tax,or any tax of similar nature,that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant's leasehold improvements on the Licensed Area, Landlord shall provide Tenant with copies (00159764-5) 8 fValmo Village ELM Lana usrnsengmment(00159764-5)_C]�_01.0412 of each such notice immediately upon receipt, but in no event later than thirty(30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant's rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice,and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below,then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant's leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no Iater than thirty (30) days after Landlord's payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal,regulatory or informal action in the name of Landlord,Tenant,or both,with respect to the valuation of the Licensed Area. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant,to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant's intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest,unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Licensed Area are located to be split, bifurcated,separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b),provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17. Promptly after the Effective Bate,Landlord shall provide the following address to the taxing authority for the authority's use in the event the authority needs to communicate with Tenant. In the event that Tenant's taut address changes by notice to Landlord, Landlord shall be required to provide Tenant's new tax address to the taxing authority or authorities. (g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. 22. SALE OF PROPERTY. (a) Landlord may sell the Property or a portion thereof to a third party,provided: (i)the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord's full interest in this Agreement,the purchaser must agree to perform,without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord's obligation to cooperate with Tenant as provided hereunder. (b) If Landlord,at any time during the Term of this Agreement,decides to rezone or sell,subdivide or otherwise transfer all or any part of the Licensed Area, or all or any part of the Property or the Surrounding Property, to a purchaser other than Tenant,Landlord shall promptly notify Tenant in writing,and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant's rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this Section 2222(b)to Tenant. Until Tenant receives all such (00159764-51 9 (VOICaMViflVeEase)[.endl.fc A6�rni(00159764-5)_Clesn_01.(k.32 documents,Tenant's failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill V. New IRS Form W-9 vi. Completed and Signed Tenant Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease, license or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation,operation or maintenance of any other wireless communication facility or equipment. (d) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended,modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties.The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver,or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum of License. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of License substantially in the form attached as Exhibit 24(b). Either party may record this Memorandum of License at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (IS)business days' prior written notice from the other, execute,acknowledge and deliver to the other a recordable Memorandum of License. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement,and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential,incidental or special damages,however caused,based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord's ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement,each parry shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants)incurred in connection with the negotiation,drafting,execution and performance of this Agreement and the transactions it contemplates. (00159764-5) 10 (volotio Village EW)Rand Ciceme Agmmeol(00159754-5)_Clpm_01.04;z (g) Governing Low. This Agreement will be governed by the laws of the state in which the Licensed Area are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply. (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including, but not Iimited to", (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative,such consent will not be unreasonably withheld, conditioned or delayed;(iv)exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement;(v)use of the terms"termination"or"expiration"are interchangeable;(vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged,perceived or actual ambiguity in this Agreement,the ambiguity shall not be resolved on the basis of who drafted the Agreement;(viii)the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable,the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to"Tenant"shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Licensed Area for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. "Affiliate"means with respect to a party to this Agreement, any person or entity that (directly or indirectly)controls,is controlled by, or under common control with,that party. "Control"of a person or entity means the power(directly or indirectly)to direct the management or policies of that person or entity,whether through the ownership of voting securities,by contract,by agency or otherwise. 0) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof.In addition,any terns and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9. As a condition precedent to payment,Landlord agrees to provide Tenant with a completed IRS Form W-9,or its equivalent,upon execution of this Agreement and at such other times as may be reasonably requested by Tenant,including any change in Landlord's name or address. (1) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer,reservation of or option for the Licensed Area based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation,the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord,Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. (o) No Additional Fees/Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Landlord and/or Tenant,as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either pasty to the other party,for any taste or service including,but not limited to,review of plans,structural analyses,consents,provision of documents or other communications between the parties. (p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time (00 1 59764-5) 1l (Votme Village Easy)leadLicenseAgremccl{00f39764.5}_0 0l-1D4-U to time in order to effectuate,carry out and perform all of the terms,provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement, [SIGNATURES APPEAR ON NEXT PAGE] (66159764-5) 12 (Volcano V ill ogc East)Land license hgrecament(00 1 59764.3)_Clean OI.04.32 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date. "LANDLORD- Hawaii Akatsuka Fame, Inc,, a Hawaii corporation By: �- Print Name: Takeshi Akatsuka Its: President l-V Date: I f 2- "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Prin me: Lawrenc asquez Its: AN Director Date: please see attached sheet for CA AcknoMedgement!Jcrat As per CA civil codes: 8202,a2a5,a207,M9 ]ACKNOWLEDGMENTS APPEAR ON NEXT PAGE] t00 1 597 64-5) 13 I Vnleane Villagr E=)Land 1.imw Ag14xYt m{011159764-51 Vic=01 iW._'? ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cet-tif3cate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Contra Costa n On the QtP-^ day ofl e,-AIA"-j , 20�befnre me, Notary Public, personally appeared ���,..�r pv_c_'_ V g�g S,9 'A ez_ who proved to me on the basis of satisfactory evidence to be the person(s)whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REV PATEL comm.#2377026 - NOTARY PUBLIC•CALIFORN'A 0 CONTRA COSTA COUNTY �yYComm.Exp.SEP. 0,2a25 Yv�r Notary Stgna re Notary Seal Optional Though this section is optional, completing this information can deter alteration of the document or fraudulc.iit attachment of this fonn to an unintended document. Description of Attached Document: Title or Type of Document: Document Date: Number of Pages(including this one): Signer(s)Other Than Named Above: TENANT ACKNOWLEDGMENT STATE Of HAWAII ) ss: CITY& COUNTY OF HONOLULU ) On this day of ,20 , in the First Circuit, State of Hawaii,before me personalty appeared LAWRENCE VELASQQUEZ,proved to me on the basis of satisfactory evidence,who,being by me duly sworn or affirmed, did say that such person is the RAN Director of AT&T MOBILITY CORPORATION, the Manager of NEW CINGULAR WIRELESS PCS, LLC, that said person executed the foregoing -page instrument identified or described as Land License Agreement dated , 20 , as such person's free act and deed as having been duly authorized to execute such instrument in such capacity. This acknowledgement is deemed to include my Notary Certification. Notary Public, State of Hawaii Print Name of Notary Public My Commission Expires: 101)159764-5 i It" I.mo 4'i LWc L• 11 Land Lurn Agr t iml oKiI 0.I 01 N Z_ LANDLORD ACKNOWLEDGMENT STATE OF HAWAII } } ss: COUNTY OF HAWAII ) On this day of 2 20D -)Q , in the Third Circuit, State of Hawaii, before me personally appeared TAKESHI AKATSUKA,proved to me on the basis of satisfactory evidence,who,being by me duly sworn or affirmed, did say that such person is the President of HAWAII AKATSUKA FARM, INC., a Hawaii corporation, that said person executed th fore Ding V -page instrument identified or described as Land License Agreement dated I � , 20 , as such person's tree act and deed as having been duly authorized to execute such instrument in such capacity. This acknowledgement is deemed to include my Notary Certification. ... S. } .• NOTAR `� No Publ to of Hawaii PUBLIC 7- * MICHELLE S. SIEMANN No, 92-297 — tp .• Print Name of Notary Public OF My Commission Expires: W2 9 2023 100159764.5) 15 1Volcano V,Ilagc trill Lmd 1j,=w Aj4rwnrnt ItMW)70.5)f1mq 01 04 2 EXHIBIT 1 DESCRIPTION OF PROPERTY AND LICENSED AREA Page of to the Land License Agreement dated , 20 by and between Hawaii Akatsuka Farm, Inc., a Hawaii corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant. The Property is legally described as follows: TMK: (3) 1-1-020-159 All of those certain parcels of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: -PARCEL FIRST:- LOT 10, area 7.383 acres,more or less, BLOCK B, as shown on Map 52, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended)of W. H. Shipman, Limited; -PARCEL SECOND:- An undivided 113000 interest in and to Roadway Lot 8214,area 231.789 acres, said Roadway to be used in common with others entitled thereto. Being land(s) described in Transfer Certificate of Title No. 235851 issued to HAWAII AKATSUKA FARM, INC., a Hawaii corporation. BEING THE PREMISES ACQUIRED BY SATISFACTION DEED GRANTOR : CHARLES ROLAND MEYER, husband of Patricia Meyer, and LETITIA HACKER, wife of George Edwin Hacker GRANTEE : HAWAII AKATSUKA FARM, INC., a Hawaii corporation DATED : September 1, 1981 FILED : Land Court Document No. 1084974 Together with vehicular and pedestrian access over a paved driveway crossing tax map parcel (3) 1-1-020-165 from Old Volcano Highway to the Licensed Area, and the right to install overhead electricity and fiber utility lines from an existing utility pole located on tax map parcel(3) 1-1- 020-165 to the Licensed Area, all as depicted below. SUBJECT,HOWEVER,to the following: 1. Mineral and water rights of any nature. (00159764-5) (Volcmo ViRagc E2ni)Land Lic=c Agra mmi(00159764.5)_0=n 91.04.L. 2. -AS TO PARCEL SECOND:- (A) DECLARATORY.JUDGMENT dated and filed in the Circuit Court of the Third Circuit, State of Hawaii, Civil No. 87-519, on April 14, 1991; FERN FOREST COMMUNITY ASSOCIATION, a Hawaii non-profit corporation, "Plaintiff', vs. POLYNESIAN INVESTMENT COMPANY, LIMITED, et al., "Defendant"; re: Plaintiff is entitled to collect road maintenance fees and assess all property owners within the Fern Forest Vacation Estates Subdivision holding an undivided interest in and to Roadway Lot 8214,containing an area of 231.789 acres, as shown on Map 52, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053, as amended. (Not noted on Transfer Certificate of Title referred to herein) (B) Rights of others who may own undivided interest(s), or have easement or access rights,in said parcel. �00159764-5) 2 (VokanoVilt6c Eau)landl.iemuAp=nrn9(00i597G4.5)_Cf=_01.04.22 The Licensed Area is described and/or depicted as follows: YI" j 1 ' � . `z l LL W," r3') ti a 1— lY] W LU uj J (OD 159764-5) 3 (Valeano Villabr Fml)I a d I.iccmc ngrmn=%(00154764-5)_(1=01.04" ATTACHMENT 2 - STATEMENT OF CODE COMPLIANCE STATEMENT OF CODE COMPLIANCE CONDITIONAL USE PERMIT HIL03306 VOLCANO VILLAGE EAST Submitted to Hawaii County Planning Commission and County of Hawaii Planning Department AT&T's proposal complies with all requirements of Hawaii County Codes, which are addressed in this Statement of Code Compliance in the following order: Requirements for the New Wireless Facility • Use Permit Chapter 25-2-61, Table: Permitted Uses by Zoning District • County of Hawaii Planning Department Rules of Practice and Procedure • Telecommunications Towers Attachment to Special Permit or Use Permit Applications • State Land Use Chapter 205-4.5 HRS — Permissible uses within the state agricultural district. • Department of Business, Economic Development, and Tourism, Hawaii Revised Statues (HRS) Chapter 15-15-95, Land Use Commission Rules • Hawaii State Planning Act —Title 13 Chapter 226-10.5 Objectives and policies for the economy—information technology industry. PLEASE NOTE: AT&T's responses to the above referenced criteria are indicated below each applicable provision in the bold italicized blue text below. Wireless Facilities Requirements HAWAII COUNTY—CHAPTER 25-ZONING CODE Use Permit n r _aoanment PERMITTED U5E5 BY ZONING DTSTRICTi uses oePnrcns. .e.-a �M • M - .Iw i"' ew rin.l .,. gym..- ... m m'" I qE Zo i erY Y:re rdlr�in:li r.l aree ere ni•rcacy the y e:eor m oe A«k a-art _ .. arcSx cya r ;[I-v.rcayrec�lxc r«suasuse[y cie _ _ e 13xre ct r erc e..a.cn car ran a3pn.al ysr-urx•mia-[cannen:iy- S rYin6 ci:pttal in � Itlib:ih u v 1_:[per one ecx r ama. x Pecyl ntan[ss.'nTiN tic nx-ir.M.-[�crx_::-ii,at rr..c acle -_r Per t neue Pam.mu is a gi�rrrre� iae ere y.o.lr mot tr urea in i'eu of mrdal cirr of me[urNs:mrs oee rb�x5�. 25-1-5 Definitions. "Telecommunications Antenna," "Telecommunications antenna" means an antenna, tower and other accessory structures for radio frequency (RF) transmissions intended for specific users who must have special equipment for transmission and/or reception. Also included are broadcasting facilities regulated by the Federal Communication Commission (FCC) under the Code of Federal Regulations, par. 74, which includes low power television. Included are land-mobile or two-way radio, and one-way radio paging service broadcasting. Also included are independent receiving facilities which do not qualify as accessory uses. Not included are portable, hand held and vehicular transceivers or radios; industrial, scientific and medical equipment operating at frequencies designated for that purpose by the Federal Communications Commission (FCC); marketed consumer products, such as microwave ovens, citizens band radios, ham radios and remote control toys; and facilities for the receiving of these transmissions, including individual radio and television appliances. AT&T Response: Applicant is proposing to construct a new freestanding antenna structure so the use is classified as a Telecommunication antenna. Division 6. Use Permits Sec. 25-2-61 Applicability: use permit required. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA and O districts. AT&T Response: Per Table above, the use proposed is a telecommunication facility which is an allowed use in the A district with a Use Permit. The application is accompanied by a site plan- See Attachment 8 Zoning Drawings. Sec. 25-2-62. Application for use permit; requirements. (a) An application for a use permit shall be made to the commission, in accordance with its rules, on a form prescribed by the commission. AT&T Response: The application is being submitted to the Commission in accordance with its rules with the prescribed Use Permit application form and format. (b) The application shall be accompanied by: (1) A filing fee of$500; AT&T Response:A filing fee of$500 is included with this application. (2) A description of the property in sufficient detail to determine the precise location of the property involved; AT&T Response: A description of the property is included in the Project Narrative (See Attachment 1)and on the Zoning Drawings (See Attachment 8 Zoning Drawings). (3) A site plan of the property, drawn to scale, with all existing and proposed structures shown thereon; AT&T Response:A site plan is included on the Zoning Drawings (See Attachment 8). (4) A list of names, addresses and tax map key numbers for those owners and lessees of record of surrounding properties who are required to receive notice under section 25-2- 4; AT&T Response: The list of names, addresses, and tax map numbers for owners and lessees of record of surrounding properties within a 500"radius is included in Attachment 9. (5) A written description of the proposed use and a statement of objectives and reasons for the request, including an analysis of how the request satisfies each of the standards contained in section 25-2-65. AT&T Response: A project narrative is included in Attachment 1. The analysis of how the request satisfies each standard in section 25-2-65 is included in this Statement of Code Compliance (see below). Sec. 25-2-63. Procedure for use permit. (a) Upon acceptance of a use permit application, the commission shall fix a date for a public hearing.The public hearing shall be commenced no later than ninety days after the acceptance of a use permit application by the director. AT&T Response:Acknowledged. (b) The applicant shall serve notice of the use permit application on surrounding owners and lessees of record as provided by section 25-2-4. The applicant shall also serve notice on owners and lessees of record interests in other properties which the commission may find to be directly affected by the use permit sought. The applicant shall also post a sign for public notification on the property as provided by section 25-2-12. AT&T Response:AT&T will serve notice to those listed in Attachment 9 and to those identified by the commission. A notice will be posted on the property as provided by section 25-2-12. (c) Prior to the public hearing, the commission shall publish notice of the public hearing in accordance with the requirements of this chapter. AT&T Response:Acknowledged. Section 25-2-65. Criteria for granting a use permit. A use permit may be granted by the commission upon finding that: (1) The granting of the proposed use shall be consistent with the general purpose of the zoning district, the intent and purpose of this chapter, and the general plan; AT&T Response: The proposed use is included as a permitted use within Zoning District A. The proposed Facility is also consistent with the county's general plan.As stated in the County of Hawaii General Plan Overview, "The General Plan for the County of Hawaii strives to position Hawaii Island for economic progress while preserving the environment and strengthening community foundation." The proposed Facility will also provide greater communications capability in remote areas, as envisioned in The Puna Community Development Plan, Sec. 3.4: Public Safety and Sanitation Services. Sec 3.4.2(b) Community Objective states, "Improve and broaden communications access for a larger number of residents." Additionally, Sec 3.4.3(e) Community Actions states, "encourage enhancement of cell phone service to expand coverage to more remote areas." Currently, there is insufficient wireless service within this specific area and this new site will provide reliable coverage to the immediate area. Increased cell phone coverage and service contributes to the general welfare of a community by facilitating contact with emergency responders and promoting better connectivity for residents, businesses and visitors. This proposed Facility would fill a gap in AT&T's 4G LTE network coverage experienced by its customers between Glenwood and Old Volcano community area. As well as, to improve coverage along the main highway between these areas. The Facility also will provide expanded FirstNet coverage for first responders and expand AT&T's 5G network in support of the next generation of wireless technology(See Attachment 3—AT&T RF Justification). (2) The granting of the proposed use shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character, to surrounding properties; and AT&T Response:Expanded and improved wireless service will bean asset to the general public, businesses, and public safety personnel and will contribute to the general welfare of the community. Additionally, all AT&T wireless facilities operate in full compliance with the regulations and licensing requirements of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). The proposed Facility will also not cause substantial, adverse impact to the community's character or surrounding properties. The proposed facility is designed as a stealth monopine tower and is setback 32V-5" from Kahauale'a Road to reduce the visual impact to the surrounding area. (3) The granting of the proposed use shall not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. The proposed project does not require wastewater disposal or water facilities. The proposed site does not require public parking or traffic control measures. The unmanned facility only requires periodic maintenance and will not generate additional traffic in the area. Electrical power and backhaul will be accessed through existing overhead power lines. The project proposes construction of minimal impervious surfaces within the lease area so potential impacts to drainage will be negligible. The location,size, design and operating characteristics of the proposed communications facility will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity, in particular: • The equipment associated with the facility operates virtually noise free. • The equipment does not emit fumes, smoke, dust, wastewater or odors. • The equipment does not require water, or sewage disposal. • The facility is unmanned and requires only periodic maintenance. The proposed facility will not result in conditions or circumstances contrary to the public health, safety and general welfare in that availability of advanced technologies, such as wireless telecommunications, are an asset to local businesses and individual customers. The Facility will be part of the FirstNet Network used by Hawaii County First Responders. All AT&T telecommunications facilities operate in full compliance with the regulations and licensing requirements of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). Section 25-4-12. Telecommunication antennas or towers. (a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG and CDH districts; provided that the antenna, tower, and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. Atelecommunication antenna ortower may be permitted in the RS, RD, RM, RCX, RA, FA, A, IA, and 0 districts if a use permit is obtained for such use. Where there is an existing telecommunication tower, co-location of additional antenna or equipment will be permitted provided the director has issued plan approval for such use. AT&T Response: The proposed telecommunications tower is in the A district. A Use Permit application for the facility is included in this proposal. (b) The minimum setbacks for a telecommunication antenna and tower are as follows: (1) Freestanding antennas and towers shall be set back from every property line a minimum of one foot for every five feet of antenna or tower height. AT&T Response: The proposed telecommunications tower is setback 32V-5"from the property line. This meets the minimum setback requirement for a freestanding facility. (2) Telecommunication antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every one foot of antenna or tower height. AT&T Response: There are no guy wires proposed for this facility. (c) The tower, together with the initial antennas or other equipment proposed to be installed thereon, shall have a hard survivability for sustained winds of at least one hundred miles per hour. AT&T Response: The proposed tower, initial antennas, mounts, and supporting equipment will have a hard survivability for sustained winds of at least one hundred and twenty miles per hour. (See Attachment 8 Zoning Drawings). Hawaii County Code—Division 2. Heights. Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. AT&T Response: Pursuant to section 25-4-22, the proposed Facility as "telecommunication antennas" are exempt from these zoning district height limits, not to exceed 500 ft. The proposed Facility is 150 ft and qualifies for this height exemption. Section 25-4-22. Exemptions from height limitations: The following structures are exempt from zoning district height limits under the specified restrictions: (c) Utility poles and lines and telecommunication antennas not to exceed five hundred feet from existing grade. AT&T Response: The proposed facility is a telecommunications antenna and will not exceed 500 feet from the existing grade. Therefore, it is exempt from zone height limitations. TELECOMMUNICATION TOWERS ATTACHMENT TO SPECIAL PERMIT OR USE PERMIT APPLICATIONS In addition to the requirements for submitting a Special Permit or Use Permit Application, please provide the following additional information when applying for a telecommunication tower: 1. What is your schematic plan for tower development on the Big Island? Provide a map and written description of these sites. Justify how this particular subject site plays an integral part in this overall plan. AT&T Response: Tower development planning is dependent on many factors including dynamic demand and capacity requirements, budget, and resource availability. This proposed site would fill in a significant coverage gap between Glenwood and Old Volcano community area. As well as improve coverage along the main highway between these areas. This proposed site also would provide important coverage for emergency responders under the FirstNet program along these areas. Additionally, the proposed site would fill a coverage gap in between AT&T's existing macro sites. Further, area specific justification for this site are included in the RF Justification (See Attachment 3). 2. Building plans for the tower, certified by a structural engineer licensed in the State of Hawaii, verifying that the tower, together with initial antennas and other equipment proposed to be installed thereon for co- location, are structurally sound and wind, resistant. AT&T Response: Zoning Plans for the proposed telecommunications facility are included as Attachment S. 3. A design plan for the tower and appurtenant structures, including discussion on tower selection and antennas, visual impacts, color, lighting, landscaping and safety. AT&T Response: The Project Narrative (See Attachment 1) and the Zoning Plans (See Attachment 8)for the proposed telecommunications facility include a discussion and design for the antennas, the visual impact, color, and safety. No exterior lighting is proposed for this facility. 4. A statement from the applicant that the request complies with the Federal Aviation Administration that the application has not been found to be a hazard to air navigation. AT&T Response: The FAA TOWAIR Determination Report is included as Attachment 5. 5. A statement from the applicant that the request complies with the regulations of the Federal Communications Commission, including requirements on radio frequency emissions, or a statement that no such compliance is necessary. AT&T Response: The proposed facility will comply with all FCC requirements for emissions. The statement of compliance with FCC requirements is included in Attachment 4. 6.A statement from the applicant that the proposed use will not interfere with the County of Hawaii public safety radio system. AT&T Response: The proposed facility will not interfere with the County of Hawaii Public Safety Radio System. (See Attachment 4 RFSSRP report). 7. A statement from the applicant that space on the tower for co-location of antennas or attachments will be made available to other providers, if this can be done without substantial interference to the applicant' s use of the tower. If you are an infrastructure company, a commitment from a minimum of two service providers shall be identified in the application. AT&T Response: Space on the tower will be made available for other qualified providers for colocation if it can be done without substantial interference to ATT&T's use of this tower. 8. A statement from the applicant that diligent, but unsuccessful efforts to install or co- locate the applicant' s telecommunication antennas on existing towers or feasible antenna support structures have been made. Identify those sites that you have investigated and explain how those sites are inadequate and how the site selected is the least obtrusive. AT&T Response: There are no existing telecommunications facilities available for collocation. that address coverage needs along Glenwood and Old Volcano in the area of the proposed facility. (See Attachment 3 RFJustification). 9. Provide justification for the height of the proposed tower by including propagation maps for the coverage area at proposed the height and at a lower height if the proposed tower is more than 100-feet tall. If the site involves increasing the height of an existing tower, provide propagation maps to show analysis of signal quality at the existing and proposed height. AT&T Response: Projected AT&T Coverage showing coverage of a 150 foot tower are included in Attachment 3 RFJustification. The proposed antenna tip height is the minimum necessary to help fill the coverage gap relative to nearby complementary wireless facilities and to support the FirstNet Network. This is also the height where an AT&T wireless device can be reliably used to make and receive telephone calls and use data service in the presence of varying signals. The background and justification for design and development of this proposed site also is included in the RF Justification (See Attachment 3). 10. Have you met with adjacent landowners and/ or community regarding the development? Provide information regarding those meetings. AT&T Response:All adjacent landowners owners within a radius of 500'radius will be consulted pursuant to this application process. Please see Section 2.3.7 — Community Engagement included in Attachment 1 — Project Narrative. The list of property owners is included in Attachment 9. STATE LAND USE CHAPTER 205, HRS and CHAPTER 226-10.5, HRS Chapter 205-4.5 HRS, Permissible uses within the state agricultural district. (C) Within the agriculture district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U shall be restricted to the uses permitted for agricultural districts as set forth in section 205-5(b). Chapter 205-5 (b) HRS Zoning.Within the agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. AT&T Response: Permitted uses on this agricultural land are defined by the County of Hawaii Sec. 25-2-61 Applicability. The Hawaii County zoning for the subject property is A-3a. The proposed Facility is a wireless communication antenna that is allowed with a Use Permit. Chapter 226-10.5 HRS, Objectives and policies for the economy-information industry. (a) Planning for the State's economy with regard to the information industry shall be directed toward the achievement of the objective of positioning Hawaii as the leading dealer in information businesses and services in the Pacific Rim. (b) To achieve the information industry objective, it shall be the policy of this State to: (1) Encourage the continued development and expansion of the telecommunications infrastructure serving Hawaii to accommodate future growth in the information industry; (2) Facilitate the development of new business and service ventures in the information industry which will provide employment opportunities for the people of Hawaii; (3) Encourage greater cooperation between the public and private sectors in developing and maintaining a well- designed information industry; (4) Ensure that the development of new businesses and services in the industry are in keeping with the social, economic, and physical needs and aspirations of Hawaii's people; (5) Provide opportunities for Hawaii's people to obtain job training and education that will allow for upward mobility within the information industry; (6) Foster a recognition of the contribution of the information industryto Hawaii's economy; and (7) Assist in the promotion of Hawaii as a broker, creator, and processor of information In the Pacific. (8) Foster a recognition of the contribution of the information industry to Hawaii's economy; and (9) Assist in the promotion of Hawaii as a broker, creator, and processor of information in the Pacific. (17) Construction and operation of wireless communication antennas; AT&T Response: The proposed Facility would continue the development of telecommunications infrastructure, promote information technology businesses and services, and the overall growth of the information industry in Hawaii. The proposed project is in conformance with the goals, objectives and policies of Chapter 226, HRS, Hawaii State Planning Act, the Hawaii State Plan, as noted above. STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM HAWAII REVISED STATUES (HRS) CHAPTER 15-15-95, LAND USE COMMISSION RULES Chapter 15-15-95 Land Use Commission Rules Petition before county planning commission. (a) Any person who desires to use land within an agricultural or rural district for other than a permissible agricultural or rural use may petition the county planning commission of the county within which the land is located for a special permit. AT&T Response: The subject property is in the State Agricultural District. The proposed use is consistent with the State Ag designation of the property. The proposed Facility is in conformance with the above Land Use Commission Rules. ATTACHMENT 3 - RF JUSTIFICATION at&t L03306 Volcano Village East Coverage Justification OVERVIEW AT&T is proposing to build a new wireless communication facility ("WCF" or "facility"), AT&T site HIL03306 Volcano Village East, at 11-3049 Old Volcano Hwy, Volcano, HI 96785 in the County of Hawaii. This proposed WCF meets AT&T's coverage objectives (providing outdoor, in-vehicle, and in-building wireless coverage)within a geographic area not presently served by AT&T's network. Specifically, this proposed new wireless facility is intended to fill a significant coverage gap between Glenwood and Old Volcano community area. Also, to improve coverage along the main highway between these areas. This WCF also meets AT&T's objective to provide expanded FirstNet coverage for first responders. AT&T has determined a need for improved service in this geographic area through a combined analysis of market demand, service requests, radio frequency engineering design and feedback from public safety officials. In addition to expanding the 4G LTE network, this WCF will also expand AT&T's 5G network in support of the next generation of wireless technology. In addition to AT&T LTE commercial facilities,this proposed WCF will include facilities to support FirstNet.As a FirstNet site, this proposed WCF is part of a more significant initiative by AT&T to upgrade existing wireless sites and to build new sites to support FirstNet and deploy the new frequency band for first responders("Band 14"). Placing antenna at the minimum height necessary to reliably make and receive telephone calls and provide data service in the presence of varying signals is crucial for the efficient and effective operation of this site as a FirstNet Network site. AT&T is upgrading and expanding its wireless communications network to support the latest 5G and 4G LTE technology. 5G and 4G stand for"5th Generation"and "4th Generation"and LTE stands for"Long Term Evolution."These acronyms refer to the ongoing process of improving wireless technology standards,which is now in its 5th generation.With each generation comes improvement in speed and functionality-4G LTE offers speeds up to ten times faster than 3G and 5G offers speeds up to 1-gigabit per second. This technology is the next step in increasing broadband speeds to meet the demands of uses and the variety of content accessed over mobile networks and is necessary to facilitate capabilities that are being designed into the latest devices(i.e. Samsung Galaxy S22, iPhone 14). 5G, specifically, is the next generation of wireless technology expected to deliver latency and capacity enhancements that will help enable revolutionary new capabilities for consumers and businesses. There are several components of 5G wireless technology and separate bands of wavelength spectrum used to build a 5G network: Coverage Justification OVERVIEW—Con't • Low-band 5G. Low-band 5G frequencies (generally below 2GHz) are the oldest cellular(and TV)frequencies and are being used by AT&T to provide widely available 5G service in residential,suburban,and rural areas. This is the same spectrum used for 3G and 4G today.The low-band 850MHz 5G frequency is proposed for this WCF. Low-band 5G frequencies are a tradeoff of download speed versus distance and service area—they are slower than the high-band mmWave and mid- band frequencies,but they travel the farthest and can pass through more obstacles to provide a better,more reliable indoor and outdoor signal for a larger service area (i.e., miles, not feet). • Mid-band 5G. Mid-band 5G frequencies(generally 3-10GHz) cover most current cellular and WiFi frequencies and provide broader coverage than high-band mmWaves(typically half a mile), but with slower speeds. Use of these frequencies is not as prevalent for building a 5G network as much of the bandwidth in this range is currently unavailable. • High-band 5G+ mmWave. High-band millimeter wave (mmWave)frequencies (generally 20-100GHz) are the new FCC- approved frequencies most associated with 5G service—"5G+" is AT&T's name for 5G service delivered using high-band mmWave spectrum.AT&T offers an enhanced wireless experience on 5G+with mmWave service though with more limited coverage. Results continue to be impressive,with peak download speeds up to 1 gigabit per second (Gbps)—fast enough to stream 4K movies. High-band mmWave frequencies deliver this unprecedented performance by transmitting a large amount of data more efficiently then 4G LTE, but can only travel short distances (-1,OOOft).Accordingly, high-band mmWave sites need to be in close proximity to one another and are typically used in dense, high trafficked areas such as urban areas, stadiums/arenas,airports, manufacturing and healthcare centers, etc. 5G wireless technology also includes enhanced network radio protocols and other improvements in data transmission that allow the network to more efficiently use the same frequencies currently used today for 4G.As noted,AT&T is proposing to deploy low-band 850MHz 5G at this WCF. Upon completion,the WCF will become part of AT&T statewide and nationwide communications networks. Coverage Justification—Con't SEARCH RING AT&T's radio frequency("RF") engineers performed an RF engineering study,considering multiple objectives,to determine the approximate site location and antenna height required to fulfill the noted network objectives for the targeted service area. From this study,AT&T's RF engineers identified a "search ring"area where a WCF may be located to provide effective service in the target coverage area. COVERAGE OBJECTIVE Figure A—Targeted Search Ring indicates the search ring AT&T's RF engineers established for this proposed site.A discussion of the methodology AT&T's RF engineers used to identify the search ring is included at the end of this RF Justification document. Figure B—Existing AT&T Coverage shows existing AT&T wireless services in the general area of the proposed new site, which demonstrates the current gap in coverage in the targeted service area.The red circle indicates the location of the proposed new WCF. The blue circle indicates the location of existing AT&T WCF sites; coverage from AT&T's existing WCF sites is shaded in green.As can be seen,there is a coverage gap in all areas not shaded in green.Currently,the target coverage area has minimal to no 4G voice service and does not have adequate 4G LTE service. Figure C—Projected New AT&T Coverage identifies the projected coverage from the proposed new WCF with the requested antenna tip height of 150'ft(142'ft RAD).The proposed antenna tip height is the minimum necessary to help fill the coverage gap relative to nearby complementary wireless facilities and to support the FirstNet Network. This includes the existing towers at the proposed subject property that do not offer this height.This is also the height where an AT&T wireless device can be reliably used to make and receive telephone calls and use data service in the presence of varying signals. Figure D—Alternative Site Locations shows the location of each alternative site in relation to the proposed new site location. ANTENNAS AND EQUIPMENT To meet the above coverage objectives, this proposed site will contain up to 12 panel antenna, 36 RRU units, 6 surge suppressors and 1 GPS antenna (together with all associated accessory equipment). Figure A—Targeted Search Ring HIL03306 Volcano Village East NSB to improve fill in coverage in between existing macro in Glenwood and Volcano area. Also,to improve coverage along the main highway in this area. WO ti aftt r, L Figure B—Existing AT&T Coverage Targeted Service Area BEFORE Addition of Proposed New Wireless Facility i i r 'r,//J%��� r` _ Legend(Coverage Signal) J Indoor Signal In-Vehicle Signal Outdoor Signal Figure C—Projected New AT&T Coverage Coverage AFTER Proposed AT&T Facility On-Air-150' ft Antenna Tip Height Legend(Coverage Signal) Indoor Signal r In-Vehicle Signal Outdoor Signal t , r 1 i 7r., 4 I Alternative Site Analysis AT&T considers all siting possibilities within,and adjacent to, a search ring to determine the best location for a new facility to meet AT&T's service objectives for the Targeted Service Area.AT&T will first attempt to utilize an existing tower or structure for collocation at the desired antenna height. If an existing tower or structure is not available or determined to be infeasible,AT&T will then propose a new tower. For this proposed Facility,AT&T's construction and real estate group,with the assistance of outside consultants, thoroughly analyzed all siting options and requirements,as outlined below, and did not identify any available and/or feasible alternative locations within the search ring to locate the proposed new Facility. AT&T's RF engineers evaluated one alternative site locations within the targeted search ring as possible locations for the proposed new WCF. Figure D—Alternative Site Locations: Shows the location of each alternative site in relation to the proposed new site location. • Alternative Site 1 Private Property—150' Monopine/146' RAID(19.454368°,-155.173182°), 11-3019A Volcano Road,Volcano, HI 96785—Raw land build on the private property. This site was not selected as AT&T was not able to secure a Lease Agreement with the Property Owner. Figure D—Alternative Site Locations saM �W AL"fERNAI`IVE 517E 1 Akats�aka�Or�h1d Gard ri r�Akatsuka Orchid Gardens �wT � CURF�ENT CAND'IDA�E • �Yuris Llfaplavra�a� � ,''_. r r � sr •A r ,Ar Search Ring Methodology AT&T's RF engineers used coverage propagation software systems to predict the coverage provided by the proposed new WCF.The software and AT&T's RF engineers considered the general factors outlined below, as well as more project- specific factors such as the type of antenna,antenna tilt, etc. Coverage. The antenna site must be located in an area where the radio frequency broadcasts will provide adequate coverage within the targeted service area. The RF engineer must take into consideration the coverage objectives for the site as well as the terrain in and around the area to be covered. Because radio frequency broadcasts travel in a straight line and diminish as they travel further away from the antennas, it is generally best to place an antenna site near the center of the desired coverage area. However, in certain cases, the search ring may be located away from the center of the desired coverage area due to the existing coverage,the surrounding terrain,or other features which might affect the radio frequency broadcasts,e.g. buildings or sources of electrical interference. Clutter. AT&T's WCFs must"clear the clutter"—the WCF site must be installed above or close to RF obstructions(the "clutter")to enable the RF to extend beyond and clear the clutter.AT&T's radio frequencies do not penetrate mountains, hills, rocks, or metal,and are diminished by trees, brick and wood walls, and other structures.Accordingly,AT&T's antennas must be installed above or close to the"clutter"to provide high quality communications services in the desired coverage areas.Additionally, if the local code requires us to accommodate additional carriers on the support structure, the structure must be even taller to also allow the other carriers'antennas to clear the clutter. Call Handoff. The WCF site must be in an area where the radio broadcasts from the site will allow seamless "call handoff"with adjacent WCF sites.Call handoff is a feature of a wireless communications system that allows an ongoing telephone conversation to continue uninterrupted as the user travels from the coverage area of one antenna site into the coverage area of an adjacent antenna site.This requires coverage overlap for a sufficient distance and/or period of time to support the mechanism of the call handoff. Quality of Service. Users of wireless communications services want to use their services where they live, work, commute and play, including when they are indoors. AT&T's coverage objectives include the ability to provide indoor coverage in areas where there are residences, businesses and indoor recreational facilities. Search Ring Methodology—Con't Radio Frequencies used by System.The designs of wireless communications systems vary greatly based upon the radio frequencies that are used by the carrier.To ensure service quality,AT&T must knit together its spectrum assets to address customers'existing usage and forecasted demand for wireless services,and it must use its limited spectrum in an efficient manner.AT&T uses both low-band (i.e., 850 MHz and 700 MHz) and high-band(i.e., 2300 MHz, 2100 MHz and 1900 MHz)spectrum to provide wireless service. Each spectrum band has different propagation characteristics and signal quality may vary due to noise or interference based on network characteristics at a given location. To address this dynamic environment,AT&T deploys multiple layers of its licensed spectrum and strives to close the gap in LTE service coverage. Land Use Classifications. A&T's ability to construct a WCF site on any particular property is affected by state and local regulations,including zoning and comprehensive plan classifications,goals, and policies.AT&T's search rings take these laws and regulations into consideration. ATTACHMENT 4 - RFSSRP REPORT CENTERLIM-6" COMMUNICATIC>NS Radio Frequency Safety Survey Report Prediction (RFSSRP) AT&T Monotree Facility Site Name VOLCANO VILLAGE EAST Site ID HIL03306 Site Address 11-3049 VOLCANO ROAD, VOLCANO, HI 96785 Latitude: 19.453284 Prepared for: J5 Infrastructure Longitude: -155.176214 USID: 325276 Report Date: February 7, 2023 FA: 15965419 Report Writer: Benjamin Black Pace ID: MRHII002541; MRHII002659; Report Reviewer: Yasir Algadhili MRHII002661; MRHII002662; MRHII002665; MRHII002660 I IMF tC " TEA PLANTS,, x ..,_ - Statement of Compliance AT&T will be compliant with FCC Regulations upon installation of recommended mitigation measures. Centerline Communications, LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 1 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 TABLE OF CONTENTS 1.0 GENERAL SUMMARY.......................................................................................................................3 1.1 SITE SUMMARY.............................................................................................................................3 1.2 SITE MITIGATION.........................................................................................................................4 2.0 SITE SCALE MAP...............................................................................................................................5 3.0 ANTENNA INVENTORY...................................................................................................................6 4.0 PREDICTED RF EXPOSURE LEVELS...........................................................................................8 5.0 RF EXPOSURE DIAGRAMS.............................................................................................................9 6.0 STATEMENT OF COMPLIANCE..................................................................................................14 6.1 RECOMMENDATIONS................................................................................................................14 APPENDIX A: AT&T RF SIGNAGE ....................................................................................................15 APPENDIX B: FCC GUIDELINES AND EMISSIONS THRESHOLD LIMITS.............................16 APPENDIX C: CALCULATION METHODOLOGY..........................................................................18 APPENDIX D: CERTIFICATIONS.......................................................................................................19 APPENDIX E: PROPRIETARY STATEMENT...................................................................................20 Centerline Communications, LLC • 750 W Center Street•West Bridgewater•MA• 02379 P a g e 12 VOLCANO VILLAGE EAST /325276/ 15965419 � CENTERLINE COM MUNICATION5 1.0 GENERAL SUMMARY Centerline Communications, LLC("Centerline")has been contracted to provide a Radio Frequency(RF) Analysis for the following AT&T monotree facility to determine whether the facility is in compliance with federal standards and regulations regarding RF emissions. This analysis includes theoretical emissions calculations for all equipment for AT&T. 1.1 SITE SUMMARY Analysis Site Data AL EL Site USID: 325276 Site FAA: 15965419 Site Name: VOLCANO VILLAGE EAST Site Address: 11-3049 VOLCANO ROAD,VOLCANO HI 96785 Site Latitude: 19.453284 Site Longitude: -155.176214 Facility Type: I Monotree Compliance Summary Compliance Status: Compliant Upon Mitigation Maximum AT&T Predicted MPE Level on Site 0.41 (General Public Limit): Maximum Composite Predicted MPE Level on Site o 0.41/o (General Public Limit): Maximum AT&T Predicted Ground Level MPE 0.41 (General Public Limit): Maximum Composite Predicted Ground Level o 0.41/o (General Public Limit): Site Data Information CD: 15965419 MRHII002541 HIL03306 NSB RevO 100%ZD 12.15.22 REDS: SAN-DIEGO-LAS-VEGAS-HAWAII HAWAII HIL03306 2024- New-Site New cn8262 3661AI6CPS 15965419 325276 11-18- 2022 As-Built-In-Progress_v Centerline Communications, LLC • 750 W Center Street•West Bridgewater•MA• 02379 P a g e 13 �N VOLCANO VILLAGE EAST /325276/ 15965419 0 CENTERLINE coMnrur�icariows 1.2 SITE MITIGATION Signage and barriers are the primary means of mitigating accessible areas of exposure. Below is a summary of existing and recommended signage at this AT&T facility. Existing Signage and Barriers(AT&T Sectors) Location Information Notice Notice 2 Caution Caution 2 Caution 2B Caution 2C Warning Warning 2 Barriers Monopole Base 0 0 0 0 0 0 0 0 0 0 Recommended Signage and Barriers AT&T Sectors —Actions that MUST be Taken Location Notice 2 Caution 2 Caution 2B Caution 2C Warning 2 Barriers Monopole Base 0 0 1 0 0 0 Final Compliant Configuration(AT&T Sectors)—All Mitigation Items that MUST be in Place Location Information Notice Notice 2 Caution Caution 2 Caution 2B Caution 2C Warning Warning 2 Barriers Monopole Base 0 0 0 0 0 1 0 0 0 0 Monopole Base: • Install(1) Caution 2B sign on the monopole base. Centerline Communications, LLC • 750 W Center Street• West Bridgewater• MA • 02379 4 �N VOLCANO VILLAGE EAST /325276/ 15965419 0 CENTERLINE COMMUNICATIONS 2.0 SITE SCALE MAP f Building 4=16' All Sectors T 00F Grid size: 10' Building 3=16' i f c� Building 5=16' INFO 1 Caution 1 AT&T A Sign Sign AT&T D —Nor IAT&T B INFO 2 Caution 213 Sign Sign Notice 1 Caution 2 Building 1=16' Building 2=16 AT&T G Sign Sign Mr Notice 2 Warning 2 Sign Sign Existing Proposed Barrier Barrier Items to be Existing Signage/Mitigation Plan removed Sign Proposed Sign VOLCANO VILLAGE EAST/ 15965419 Centerline Communications, LLC r 750 W Center Street r West Bridgewater• MA• 02379 P a g e 15 VOLCANO VILLAGE EAST /325276/15965419 ��N CENTERLINE vCOMMUMIC ATIONS 3.0 ANTENNA INVENTORY Antenna Antenna Z Freq TPO Azimuth Meeh.Tilt Ele,Tilt Gain ERP Length Value ANT ID Operator Type/Make/Model (MHz) (watts) (o) (o) (o) (dBd) (watts) (ft.) (ft.)AGL` Panel/1CNlW/EPBQ- 1 AT&T 654L8H8 700 120.00 20 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 1 AT&T 6541,8H8 850 1 120.00 20 0 0 to 12 13.75 2845.65 7.64 138.18 Panel/10MW/EPBQ- 1 AT&T 6541,8H8 2300 75.00 20 0 0 to 10 1 15.55 2691.91 7.64 138.18 Panel/10MW/EPBQ- 2 AT&T 6541,8H8 1900 120.00 20 0 0 to 10 15.15 3928.09 7.64 138.18 Panel/10MW/EPBQ- 3 AT&T 6541,8H8 700 120.00 20 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 3 AT&T 6541,8H8 2100 180.00 20 0 0 to 10 15.35 6169.82 7.64 138.18 Panel/10MW/EPBQ- 4 AT&T 6541,8H8 700 120.00 90 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 4 AT&T 6541,8H8 850 120.00 90 0 0 to 12 13.75 2845.65 7.64 138.18 Panel/10MW/EPBQ- 4 AT&T 6541,8H8 2300 75.00 90 0 0 to 10 15.55 2691.91 7.64 138.18 Panel/10MW/EPBQ- 5 AT&T 6541,8H8 1900 120.00 90 0 0 to 10 15.15 3928.09 7.64 138.18 Panel/10MW/EPBQ- 6 AT&T 6541,8H8 700 120.00 90 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 6 AT&T 6541,8H8 2100 180.00 90 0 0 to 10 15.35 6169.82 7.64 138.18 Panel/10MW/EPBQ- 7 AT&T 6541,8H8 700 120.00 200 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 7 AT&T 6541,8H8 850 120.00 200 0 0 to 12 13.75 2845.65 7.64 138.18 Panel/10MW/EPBQ- 7 AT&T 6541,8H8 2300 75.00 200 0 0 to 10 15.55 2691.91 7.64 138.18 Panel/10MW/EPBQ- 8 AT&T 6541,8H8 1900 120.00 200 0 0 to 10 15.15 3928.09 7.64 138.18 Panel/10MW/EPBQ- 9 AT&T 6541,8H8 700 120.00 200 0 0 to 12 13.45 2655.71 7.64 138.18 Panel/10MW/EPBQ- 9 AT&T 654L8H8 2100 180.00 200 0 0 to 10 15.35 6169.82 7.64 138.18 panel/KMW/EPBQ- 10 AT&T 6541,8H8 700 120.00 260 0 0 to 12 13.45 2655.71 7.64 138.18 Centerline Communications,LLC•750 W Center Street•West Bridgewater•MA•02379 Page 16 VOLCANO VILLAGE EAST /325276/15965419 ��� CENTERLINE COM MUMICp TIONS Auteuua Aateaaa Z Freq TPO Azimuth Mech.Tilt El-Tilt Gaia ERP Length Value Operator Type/Make/Model (MHz) (watts) (o) (o) (o) (dBd) (watts) (ft.) (f t.)AGL` Paael/K.MW/EPBQ- 10 AT&T 654L8H8 850 120.00 260 0 0 to 12 13.75 2845.65 7.64 138.18 Paael/KMW/EPBQ- 10 AT&T 654L8H8 2300 75.00 260 0 0 to 10 15.55 2691.91 7.64 138.18 Pamel/10MW/EPBQ- 11 AT&T 654L8H8 1900 120.00 260 0 0 to 10 15.15 3928.09 7.64 138.18 Pamel/10MW/EPBQ- 12 AT&T 654L8H8 700 120.00 260 0 0 to 12 13.45 2655.71 7.64 138.18 Pamel/10MW/EPBQ- 12 AT&T 654L8H8 2100 180.00 260 0 0 to 10 15.35 6169.82 7.64 138.18 Parabolic reflector/ 13 AT&T Geaeric/120cm Dish 18000 0.01 20 0 44.1 257.04 3.94 118.03 *AGL-Above Ground Level Note:Z Value represents the bottom tip height of the antenna 75%duty cycle is assumed for all AT&T antennas Centerline Communications,LLC•750 W Center Street•West Bridgewater•MA•02379 P a g e 17 VOLCANO VILLAGE EAST /325276/ 15965419 � CENTERLINE COM MUNICATION5 4.0 PREDICTED RF EXPOSURE LEVELS All calculations performed based upon the data listed for this facility have produced results that are within allowable MPE limits for General Population limits for exposure to RF emissions as specified by federal standards. Maximum AT&T Predicted MPE Level on Site: % of MPE Limit: Accessible General Population MPE Limits: 0.41% Accessible Occupational MPE Limits: 0.08% Maximum Composite Predicted MPE Level on Site: % of MPE Limit: Accessible General Population MPE Limits: 0.41% Accessible Occupational MPE Limits: 0.08% Maximum AT&T Predicted Ground Level MPE: % of MPE Limit: Accessible General Population MPE Limits: 0.41% Accessible Occupational MPE Limits: 0.08% Maximum Composite Predicted Ground Level WE: % of MPE Limit: Accessible General Population MPE Limits: 0.41% Accessible Occupational MPE Limits: 0.08% Centerline Communications, LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 8 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 5.0 RF EXPOSURE DIAGRAMS Overview All Carriers Building 4=16' MOW Building 3=16' Building 5=16' AT&T A AT&T ❑ AT&T B ;F ' Ia Building 1=16' Building 2=16' AT&T G Envir nmental lice 5000 ° + 500 % -500 % 100 % -500 % 5 % - 100 % 0 % - % Grid Size: 10' Centerline Communications, LLC • 750 W Center Street•West Bridgewater•MA• 02379 P a g e 9 VOLCANO VILLAGE EAST 325276/ 15965419 CENTERLINE COM MUNICATION5 Alpha Sector Overview AT&T A _ 03 02 01 13 Building 2=16' Building 5=16" - - Building 3=16' Enviro ental slice - % of C OET 65 Public Building 4=16' 5000% + 77 500 % - 5000 % 100 % - Soo % % ��q uuuuuuuuuuuuuuu i , ` 5 % - 100 % — -a 7 _ 0 % -5 Grid Size: 10' Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 10 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 Beta Sector Overview AT&T B 06 13 OS 04 Building 3=16 Building 4=16' - St�w<` iN nvironmental slit, °lo of FCC OET 6-5--Fu is Building 5=16' 5000 % 500 % - 5000 % lit'---Too %_.-500 %. -:5:.0 °o 0 % -5 %.:.... Grid Size: 10' Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 111 VOLCANO VILLAGE EAST 325276/ 15965419 CENTERLINE COM MUNICATION5 Gamma Sector Overview AT&T G 09 08 Building 3=16' 07 Building 4=16' Building 1=16' Building 2=16' w_ vir pnme 0/0-of FCC`f}ET.:_ 5 Pu _ a 50 00 YO 0°0 - 00 _ 5% - 100% Grid Size: 10' . Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 112 VOLCANO VILLAGE EAST 325276/ 15965419 CENTERLINE COM MUNICATION5 Delta Sector Overview AT&T D � 12 11 Building 5=16' Building 4=16' Building 3=16' Building 2=16' al slice % of FC Oc � — 5000'% + IF 500 % -5000 % Building 1=16' % -500 % Grid Size: 10' Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 113 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 6.0 STATEMENT OF COMPLIANCE Centerline conducted worst case modeling to determine whether the monotree facility located at 11-3049 VOLCANO ROAD VOLCANO,Hawaii is in compliance with FCC Regulations. Based on the information analyzed,AT&T will be compliant with FCC Regulations once the mitigation measures recommended in this report are implemented. 6.1 RECOMMENDATIONS Existing Signage and Barriers(AT&T Sectors) Location Information Notice Notice 2 Caution Caution 2 Caution 213 Caution 2C Warning Warning 2 Barriers Monopole Base 0 0 0 0 0 0 0 0 0 0 Recommended Si na a and Barriers AT&T Sectors —Actions that MUST be Taken Location Notice 2 Caution 2 Caution 213 Caution 2C Warning 2 Barriers Monopole Base 0 0 1 0 0 0 Final Compliant Configuration(AT&T Sectors)—All Mitigation Items that MUST be in Place Location Information Notice Notice 2 Caution Caution 2 Caution 213 Caution 2C Warning Warning 2 Barriers Monopole Base 0 0 0 0 0 1 0 0 0 0 Monopole Base: • Install(1) Caution 2B sign on the monopole base. Centerline Communications, LLC • 750 W Center Street• West Bridgewater• MA• 02379 Page 14 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 APPENDIX A: AT&T RF SIGNAGE Sign Description Sign Description INFORMATION Information 1 Sign 'ACAUTION Caution 2C Sign Gives guidelines on how to proceed and who to contact Gives specific information on how to a INFORMAc1iDN y m proceed and who to contact regarding regardingareas that may exceed . q antennas that are facade mounted, Irtq 0 mete IM Y xrrce^v either the FCC's General ---- concealed or on stand-alone Population or Occupational structures. emissions limits. — - ""- Blue Notice 1 Sign Blue Notice 2 Sign Used to alert individuals that they are entering an area that may Used to alert individuals that they are entering an area that may exceed the exceed the FCC's General (0-0 A FCC's General Population emissions Population emissions limit.Must limits.To be used on barriers or n� " p hgeRF be positioned such that persons ¢rfE^a°e,w ^mE,w,^ref,m antenna sectors as a hybrid of the approaching from any angle have m ti6Tar0all3iiWwn9uAe. Information 1 and Blue Notice 1 u ample warning to avoid the ...,..,,_ - signs. marked areas. Yellow Caution 1 Sign- CAUTION Rooftop Yellow Caution 2 Sign- Used to inform individuals that ACAUTION Rooftop they are entering an area that RI•I�? Used to alert individuals that they are ■ may exceed the FCC's ` entering an area that may exceed the 9rpNlh¢Rpur ywarcennm0an,rw B unrl i,dnPufrEE o° e Occupational emissions limit. FCC's Occupational emissions limit. fL[OrmwtiwlErpowrcLrre¢. clrollN area vhae {gtaw uhryeuNrlinn Mrwec9ln ao& Must be positioned such that To be used on barriers or antenna Fec oa„Pae°nar�P°tee camaarer r pwaee-levi uwbpgMl. os„v ww.y persons approaching from any m..e; ^hrw°°�nnpp�M sectors as a hybrid of the Information angle have ample warning to 1 and Yellow Caution 1 signs. avoid the marked areas. Yellow Caution 2B Warning 2 Sign *ACAUTIUN Sign- Tower SWARMING Used to inform individuals that they Used to inform individuals that are entering an area that may exceed (� they are entering an area that the FCC's Occupational emissions may exceed the FCC's limit by a factor of 10 or greater. _a.. BrpNEFUNNtrvuan eMeN9m erta "arc•°"" ry'�'"�°`""`"` Must be positioned such that persons ^"'61Z�°�• �^�_' Occupational emissions limits. REO<mwrlw¢I[�pvreilmRs p rpilpwmerarrcunienv paWwr«aa.; mpnenanttn nwr'berpne rM1¢P• FMurelor"IlnxsNerygudellrcsMxakLq Must be placed at the base of the " °"""'pnme"'�'°'"""�" "" approaching from any angle have 1per'wvhin4ln%enr'innnu^.nL!" uaal [p�:t Ri6l e[Fg0.N0.1L'].pplpneenel, „ gamr,����ar^p,a•�� warning le '---�--�••••- tower to warn tower climbers of �'"�^�^° ample g to avoid the marked potential for exposure. areas. Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 115 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 APPENDIX B: FCC GUIDELINES AND EMISSIONS THRESHOLD LIMITS All information used in this report was analyzed as a percentage of the Maximum Permissible Exposure (%MPE)limits as detailed in 47 CFR§ 1.13 10 as well as Federal Communications Commission (FCC) OET Bulletin 65 Edition 97-01. The FCC MPE limits are typically expressed in units of milliwatts per square centimeter(mW/cm2)or microwatts per square centimeter(µW/cm2). The exposure limits vary depending upon the frequencies being utilized. The General Population/Uncontrolled MPE limit(in mW/cm2)for frequencies between 300 and 1500 is defined as frequency(in MHz)divided by 1500 (fmliZ/1500). Frequencies between 1500 and 100,000 MHz have a General Population/Uncontrolled MPE limit of 1 mW/cm2 (1000 µW/cm2). The calculated power density at each sample point divided by the limit at each calculated frequency provides a result in%MPE. Summing the calculated%MPE from all contributors provides a cumulative%MPE at a particular sample point. Because exposure limits may vary for each frequency band,it is necessary to report%MPE rather than power density. All results were compared to the FCC radio frequency exposure rules as detailed in 47 CFR§ 1.1307(b) to determine compliance with the MPE limits for General Population/Uncontrolled environments as defined below. General population/uncontrolled exposure limits apply to situations in which the general population may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general population would always be considered under this category when exposure is not employment related, for example,in the case of a telecommunications tower that exposes persons in a nearby residential area. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/uncontrolled limits, as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. Additional details can be found in FCC OET 65. The FCC Mandates that if a site is found to be out of compliance with regard to exposure that any system operator contributing 5%or more to areas exceeding the FCC's allowable limits will be responsible for bringing the site into compliance. Additional details can be found in FCC OET 65. Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 116 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 Table 1:Limits for Maximum Permissible Exposure(MPE) (A)Limits for OccupationaUControlled Exposure Frequency Range Electric Field Strength Magnetic Field Strength Power Density(S) Averaging Time (E) (H) [E] ,[H],or S (MHz) (mw/cm) (V/m) (A/m) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (900/f)* 6 30-300 61.4 0.163 1.0 6 300-1,500 f/300 6 1,500-100,000 5 6 (B)Limits for General Public/Uncontrolled Exposure Electric Field Strength Magnetic Field Strength Power Density Averaging Time Frequency Range t3(S) (MHZ) (mw/cm) (V/m) (A/m) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f)* 30 30-300 27.5 0.073 0.2 30 300-1,500 f/1,500 30 1,500-100,000 1.0 30 f=Frequency in(N11Iz) *Plane-wave equivalent power density Figure 1. FCC Limits for r4aximum Permissible Exposure(MPE) Plane-wave Egcfi cV&nt Power Density r,aoa iao 9a 5 02 a.'! o.D3 0.3 3 30 31'0 f 3,000 36,600 300,0,00 'I.34 1,500 '100,000 Frequency(MHz) Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 17 VOLCANO VILLAGE EAST /325276/ 15965419 CENTERLINE COM MUNICATION5 APPENDIX C: CALCULATION METHODOLOGY IXUS electromagnetic energy (EME)calculation software was used to assess all RF field levels presented in this study. IXUS software uses a fast and accurate EME calculation tool that allows for the determination of RF field strength in the vicinity of radio communication base stations and transmitters. At its core,the IXUS EME calculation module implements evaluation techniques detailed in the ITU-T K61, CENELEC EN 50383, and IEC 62232 specifications and referenced in C95.3 IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz. The EME calculation result at any point in 31)space is achieved via a synthetic ray tracing technique, a conservative cylindrical envelope method,or through full-wave electromagnetic simulation.The ray tracing method is an advanced computation method described in IEC 622322 where the power is summed from elemental sources representing the individual components of the antenna which are selected by an analysis of published manufacturer datasheets and antenna pattern information. The selection of the solution method is determined by the particular antenna being considered. Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 118 VOLCANO VILLAGE EAST /325276/ 15965419 � CENTERLINE COM MUNICATION5 APPENDIX D: CERTIFICATIONS I,Benjamin Black,preparer of this report certify that I am fully trained and aware of the Rules and Regulations of both the Federal Communications Commissions(FCC) and the Occupational Safety and Health Administration (OSHA)with regard to Human Exposure to Radio Frequency Radiation. I have been trained in the procedures and requirements outlined in AT&T's RF Exposure: Responsibilities, Procedures& Guidelines document. Benjamin Black 2/7/2023 I,Yasir Algadhili,reviewer and approver of this report certify that I am fully trained and aware of the Rules and Regulations of both the Federal Communications Commissions(FCC) and the Occupational Safety and Health Administration(OSHA)with regard to Human Exposure to Radio Frequency Radiation. I have been trained in the procedures and requirements outlined in AT&T's RF Exposure: Responsibilities,Procedures& Guidelines document. Yasir Algadhili 2/7/2023 Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 119 VOLCANO VILLAGE EAST /325276/ 15965419 � CENTERLINE COM MUNICATION5 APPENDIX E: PROPRIETARY STATEMENT This report was prepared for the use of AT&T to meet all applicable FCC requirements. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by Centerline Communications,LLC are based solely on the information provided by AT&T and all observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to Centerline Communications,LLC so that our conclusions may be revised and modified,if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal,both of which are integral parts of this report.No other warranty,expressed or implied,is made. Centerline Communications,LLC • 750 W Center Street• West Bridgewater• MA• 02379 P a g e 120 ATTACHMENT 5 - FAA TOWAIR DETERMINATION REPORT 2/10/23,9:01 AM TOWAIR Search Results TOWAIR Determination Results *** NOTICE *** TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13. A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. 11FTFRMTNATTr)N Rraeidt Structure does not require registration. There are no airports within 8 kilometers (5 miles) of the coordinates you provided. Your Specificatiom NAD83 Coordinates Latitude 19-27-09.8 north Longitude 155-10-33.1 west Measurements (Meters) Overall Structure Height (AGL) 45.7 Support Structure Height (AGL) 45.7 Site Elevation (AMSL) 853.4 Structure Type POLE - Any type of Pole Tower Construction Notifications Notify Tribes and Historic Preservation Officers of your plans to build a tower. CLOSE WINDOW https://wireless2.fcc.gov/UlsApp/AsrSearch/towairResult.jsp?printable 1/1 ATTACHMENT 6 - SITE PHOTOS AND PHOTO SIMULATIONS H I L03306 11-3049 VOLCANO RD-VOLCANO, HI 96785 (19-27'11.8"N, 155°10'34.4"V) LOCATION EXISTING PROPOSED UNCLE LINC1,11"UP, (N)AT&T EQUIPMENT SHELTER a 1 ,µ I f. n F 4:F C wk IE r4 k' Sheet No. AT&T500 Kahelu Ave. INFRASTRUCTURE 15 20Infrastructure Partners PHOTOSIMULATION Mililani,HI 96789 � CA " It ■ . 2030 Main Street,Suite 200 az-cn-co-io-NM-Nv-Tx-uT Irvine,CA 92614 VIEW LOOKING NORTHWEST HIL03306 11-3049 VOLCANO RD-VOLCANO, HI 96785 (19'27'11.8"N, 155°10'34.4"V) LOCATION EXISTING PROPOSED n L' >> I ' &T GHAT FENGEENCLosuRE t (N)AT&T EQUIPMENTS { SHELTER _ ( Ik i I m Sheet No. AT&T500 Kahelu Ave. INFRASTRUCTURE 15 20Infrastructure Partners PHOTOSIMULATION Mililani,HI 96789 � CA " ' * ■ . 2030 Main Street,Suite 200 2 az-cn-co-io-Nm-Nv-Tx-uT Irvine,CA 92614 VIEW LOOKING NORTH HIL03306 11-3049 VOLCANO RD-VOLCANO, HI 96785 (19'27'11.8"N, 155°10'34.4"V) LOCATION EXISTING PROPOSED IPOF' � �I R Sheet No. AT&T500 Kahelu Ave. INFRASTRUCTURE 15 20Infrastructure Partners PHOTOSIMULATION Mililani,HI 96789 " ' * ■ . 2030 Main Street,Suite 200 3 az-cn-co-io-Nm-Nv-Tx-uT Irvine,CA 92614 VIEW LOOKING SOUTH ATTACHMENT 7 - LETTERS OF AUTHORIZATION DocuSign Envelope ID:789D3259-BOCD-4444-BCCF-D57582D4DDEC IS' a t&t INFRASTRUCTURE �- �5 P A R i N E R S AT&T Mobility 500 Kahelu Ave Mililani, HI 96789 www.att.com January 17, 2023 To Whom It May Concern: J5 Infrastructure Partners, its employees and agents (collectively, "J5"), are authorized representatives of New Cingular Wireless, PCS, LLC ("AT&T") and have been contracted to perform real estate leasing, land use entitlements, architectural, and engineering services for development of and modification of AT&T communication facilities. As a representative of AT&T, J5 is authorized to sign, submit, and review land-use applications and permits; provide representation at meetings and hearings, and negotiate leases on AT&T's behalf. They are also entitled to access communication facilities for the purpose of creating construction drawings, taking photographs, and other structural activities related to the communication facilities. All final land-use documents are subject to AT&T's review and approval. Furthermore, all leases, and any other legally binding documents, are contingent upon AT&T's review and the signature of a duly authorized AT&T manager. If there are any questions or comments, please contact me. Best Regards, DocuSigned by: aVJ,Vt,W T wMuv,w, D766CC12BF994C2... Andrew Tomlinson Manager, Site Acquistion at524n@att.com 808-650-8547 Site Nvin 1111_03N6 Voksno Vi*t Eaea LETTER OF AUTHORIZATION APPLICATION FOR ZONINGILAND USE ENTITLEMENTS Property Address: 11-3049 Old Volcano Hwy.,Volcano,HI%785 Tax Map Key: (3) 1-1-03D-159 I/We, the owner(s) of the above described property, authorize New Cingular Wireless, doing business as AT&T Mobility, whose address is Sao KaheIu Avenue,Mililani,Hawaii 96789, its employees. representatives,agents, and/or consultants, to act as an agent on my/our behalf for the sole purpose of consummating any and all building and land- use permit applications, or any other entitlements necessary for the purpose of constructing and operating a wireless telecommunications facility. I/We understand that any application may be denied, modified, or approved with conditions,and that such conditions or modifications must be complied with prior to issuance of building permits,and at all times thereafter. I/We further understand that signing of this authorization in no way creates an obligation of any kind. OWNER(S): Hawaii Akatsuka Farm Inc. -ra ke5 k A kaf54-� Prini Name Fvzfs , ~f Title Signature Date: ! / -t ATTACHMENT 9 - LIST OF PROPERTY OWNERS COUNTY OF HAWAI`l Real Property Tax Office Overview 19 � ° ° a ......... , IMilo Legend 13 Keaau-Mountain View 13 i 1��1 Pahoa-I(alapana 13 73P 13J Pacific Ocean IN 5.9 m i *Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified tax roll.All data is subject to change before the next certified tax roll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data.The'parcels'data layer does not contain metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results.GPS and imagery data will notoverlay exactly. Date created:2/9/2023 Last Data Uploaded:2/9/2023 1:52:52 AM Developed by"Schneider GE OS PAT I AL Parcelld OwnerName OwnerAddressl OwnerAddress2 OwnerAddress3 OwnerCityStZip Country 190010040000 STATE OF HAWAII 110201700000 FERN FOREST COMMUNITY ASSOC SR-ROADWAY 110190640000 AKAMINE,BERNICEANN PO BOX 127 VOLCANO HI 967850127 110190640000 AKAMINE,GLENISS FK 110200660000 REED,CARTER F/ELAINE M FAMILYTRST PO BOX 1326 VOLCANO HI 967851326 110200890000 GALDEIRA,SHON CHRISTIAN ALIKA PO BOX 711396 MOUNTAIN VIEW HI 96771 110200890000 GALDEIRA,CLAUDIALYN KEALAOPUAKALANI NORTH CHATHAM MA 110200900000 FITZBACK,JOSEPH HENRY 1062 ORLEANS RD 026501158 110200910000 DIERKING,JAMES NOEL KEOLA PO BOX 492406 KEAAU HI 967492408 110200910000 DIERKING,SYREETA CHIEKO 110200920000 BARINOVA,YULIYA OLEGOVNA PO BOX 365 VOLCANO HI 967850365 110200930000 HAMMOND,JESSICA HOOHENO PO BOX 695 KAI LUA HI 967340895 110191030000 ROBERTSON,SCOTT HERBERT PO BOX 209 KURTISTOWN HI 96760 110191030000 KEAN U-ROBERTSON,THYRA AN 110191040000 REYES,ERNEST KALEI 1916 KEALAKAI ST HONOLULU HI 96617 2107 110191050000 GUEX,CECILE CHEMIN DU MONTI 1071 ST SAPHORIN/LX SWITZERLAND 110191050000 GUEX,GILLES 110191060000 DEL VALLE,ISMAEL JR 94-201 NOHOLOA CT APT 45 MILILANI HI 967892436 110191060000 DEL VALLE,VALERIEA 110190500000 HUNT,LLOYDALLEN 209 HORNELL ST HORNELL NY 148431206 110190500000 HUNT,APRIL MARIE 110190520000 CARAVALHO,FAMILY BIG ISLAND LAND TRST AKANA,JOSIE TTEE 464 KEOPUA ST HONOLULU HI 968131225 110190540000 THOMPSON,KEVIN GLEN 2330 S FOOTHILLS BLVD WASILLA AK 996239509 110190550000 CALHOUN,ALAN DENNIS PO BOX 631765 LANAI CITY H I967631765 110190480000 POLI DO,KEN S PO BOX 707 KURTISTOWN HI 96760 110190560000 CALHOUN,ALAN DENNIS PO BOX 631765 LANAI CITY H I967631765 110190570000 NACIS,DEBORAH KEIKOTR 1656 NOHOANA PL HILO HI 96720 5536 110190580000 NACIS,DEBORAH KEIKOTR 1656 NOHOANA PL HILO HI 96720 5535 110190590000 NICOLL,MARK STEVEN PO BOX 611 VOLCANO HI 967850811 110190590000 NICOLL,BELINDA LILLIAN 110190600000 FERNANDES,PENNY KAWELU 66-197 MOELIMA PL WAIANAE HI967924403 110190600000 CHONG,DARRYL LI 110190600000 SIMEONA-CHONG,JULIE BETH KEIKILANI 15-2714 PAHOA VILLAGE RD 110190610000 LONGLEAF TAR CORP PAHOA HI 96776972E UN IT H 1-125 15-2714 PAHOA VILLAGE RD 110190620000 LONGLEAF TAR CORP PAHOA HI 96776972E UN IT H 1-125 110200940000 SANORIA,LAWRENCE PO BOX 462 VOLCANO HI 967850482 110200940000 SANORIA,SANDRA JEAN 110200940000 SAN ORIA,LAWRENCE/SAN DRA TRST 110200940000 SAN ORIA,LAWRENCE/SAN DRA TRST 110191150000 BERNARD,AARON SHAWN ALOPAKA 1299 KOMOHANA ST HILO HI 96720 6600 110190650000 JON ES,KAEO'OKALANI CHRISTOPHER 14-88E PRISCILLA RD#2502 PAHOA HI 9677E 6121 110190660000 WAASDORP,RANDAL JOHN 1422 GRAHAM CT RIFLE CO 816509348 110190660000 JON ES,KAEO'OKALANI CHRISTOPHER 14-88E PRISCILLA RD#2502 PAHOA HI 9677E 6121 110190670000 KAMALANI,LISA LANI 499 KEONAONA ST HILO HI 96720 5626 110190680000 KAMALANI,LISA LANI 499 KEONAONA ST HILO HI 96720 5626 110201550000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96765 0220 110201560000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201570000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201580000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201590000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201600000 MORI,LAUREN AKEMI 2481AAPI PL PEARL CITY H I967821002 110201610000 MORI,LAUREN AKEMI 2481AAPI PLACE PEARL CITY H I967821002 110201620000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201630000 HAWAII AKATSU KA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201640000 HAWAII AKATSUKA FARM INC PO BOX 220 VOLCANO HI 96755 0220 110201650000 AKATSUKA,TR PO BOX 220 VOLCANO HI 967850220 110191170000 HELENIHI,JAMES KAIAMA HC IBOX 5356 KEAAU HI 967498501 110191180000 AHINA,FAMILY TRST AHOINA,N ELSON/U LU LANI 45-631 LUANA PL KANEOHE HI 96744 3455 110191190000 SAKAMOTO,VERNON 46-160 KAMEHAMEHA HWY KANEOHE HI 967443650 110191010000 WALKER,STEPHANIE ANITA 2754 WYNDHAM LN REDDING CA 960013920 110191010000 KOMNENICH,KATHLEEN MARGO 110191090000 BOLINGER,LEONARD KENT 503 OCEAN VIEW DR HILO HI 967204713 110191100000 BOLINGER,LEONARD KENT 503 OCEAN VIEW DR HILO HI 967204713 110191110000 UMEMOTO,CHARLES DANIEL PO BOX 6211 HILO HI 967208924 110191110000 TERADA,AUDREY YUMIKO 110191120000 UMEMOTO,CHARLES DANIEL PO BOX 6211 HILO HI 967208924 110191120000 TERADA,AUDREY YUMIKO 110191200000 ARRUDA,SHELAGH KAY PO BOX 493009 KEAAU HI 967493009 110191210000 TANOUYE,JANET MIYOSHI TANOUYE TAKISHITA,JANET 800 THIRD STAPTA217 PEARL CITY H I967823350 110191220000 TANOUYE,JANET MIYOSHI TANOUYE TAKISHITA,JANET 800 THIRD STAPTA217 PEARL CITY H I967823350 110191230000 AMARAL,MOSES KALAAUPAJR PO BOX 562 VOLCANO HI 967850562 110191230000 AMARAL,JU DITH AN NE 110190630000 AKAM IN E,BERN ICE AN N PO BOX 127 VOLCANO HI 967850127 110191160000 HELENIHI,JAMES KAIAMA HC IBOX 5356 KEAAU HI 967498501 110191020000 WALKER,STEPHANIE ANITA 2754 WYNDHAM LN REDDING CA 960023920 110191020000 KOMNENICH,KATHLEEN MARGO 110191130000 UMEMOTO,CHARLES DANIEL PO BOX 6211 HILO HI 967208924 110191130000 TERADA,AUDREY YUMIKO 112121140000 UMEMOTO,CHARLES DANIEL PO BOX 6211 HILO HI 967208924 .019.40000 TERADA,AU DREY YU M IKO 110200870000 1 REED,CARTER FELS PO BOX 1326 IVOLCANO HI 967851326 110200870000 REED,ELAINE MIYOKO 110191070000 PACHECO,MELISSA-MAE UINANI 264 TODD AVE HILO HI 967204853 110191070000 PACHECO,ZENAS PAUL ALIKA 110191080000 VIERRA,JOSHUA IKAIKA PO BOX 2095 VOLCANO HI 967852095 110191080000 VIERRA,SHANTE KIANA INTERNATIONAL CHURCH OFTHE ATTN: NEW HOPE 110200850000 PO BOX 995 VOLCANO HI 967850995 FOURSQUARE VOLCANO ATTACHMENT 10 - REAL PROPERTY TAX CLEARANCE ATTACHMENT 12 - FLOOD HARD REPORT mac, cr� :o- , BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report • • •• www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY F THE 1% ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- � r �F :a year),also know as the base flood, is the flood that has a 1%chance of being equaled or exceeded in any given year.SFHAs include Zone A,AE, -...-.. - AH, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)1-1-020:159 Zone AE:BFE determined. WATERSHED: KAAHAKINI PARCEL ADDRESS: ADDRESS NOT FOUND Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); VOLCANO,HI 96785 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551661400F Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 0.30 0.60 mi floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data orinformation. Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. Mitchell D.Roth Mayor oaNSY.°F k� Deanna S. Sako G,• 'rr Finance Director Diane Nakagawa Deputy Director fa'••, Nw MC,••\\ �tf•OF•N',�R County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center . 101 Pauahi Street • Suite No.4 + Hilo,Hawaii 96720 * Fax(808)961-8415 Appraisers(808)961-83S4 . Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. . Bldg.D,2nd Flr. . Kailua Kona,Hawaii 96740 Fax(808)327-3538 o Appraisers(808)323-488I . Clerical(808)3234880 We6site:www.hawaiipropertytax.cum REAL PROPERTY TAX CLEARANCE (Rev. 05122) Date; JAN UARY 30, 2023 TMK: (3) 1-1-020-159-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel listed above have been paid for the tax year 2022, €gyp to and including December 31 2022. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of HAWAII AKATSUKA FARM INC (Owner of record) and is issued for this parcel only. By Kare4i :� Tax Clerk REAL PROPERTY TAX DIVISION Paid up to and inClUdingDecember 31 , 2022. Hawaii County is an Equal Opportunity Provider and Employer s Mitchell D.Roth Mayor oJp�;t.OF.H� Deanna S. Sako Finance Director *.• Diane Nakagawa. i+ Deputy Director County of Hawai'x DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Fauahi Street • Suite No.4 Hilo,Hawaii 96720 • Fax(809)961-84I5 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kadua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 . Clerical(808)323-4880 Website:www_hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 05122) Date: JANUARY 30, 2023 TM K: (3) 1-1-020-165-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel listed above have been paid for the tax year 2022, up to and including December 31, 2022. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of AKATSUKA,TR (Owner of record) and is issued for this parcel only, By Kare ya, Tax Clerk REAL PRO ERTY TAX DIVISION Paid up to and December 31, 2022• Hawaii County is an Equal Opportunity Provider and Employer i EXHIBIT II ENVIRONMENTAL DISCLOSURE Landlord represents and warrants that the Property,as of the Effective Date,is free of hazardous substances except as follows: NIA (00159764-5) 4 (Volcano Villne Ems�a rk�Agmu=(00159764.5)_cry D1 b4,22 EXHIBIT 12 STANDARD ACCESS LETTER [FOLLOWS ON NEXT PAGE] (00159764-5) (Val=G Vil4c*Fast)Land Ucaw Aga mmt(001597G4-5)t"lraa O1.04:22 Date; Building Staff!Security Staff Hawaii Akatsuka Farm,Inc. F.Q. Box 2202 Volcano,HI 96785 Re: Authorized Access granted to AT&T Dear Building and Security Staff, Please be advised that we have signed a license with AT&T permitting AT&T to install, operate and maintain telecommunications equipment at the property. The terms of the license grant AT&T and its representatives,employees,agents and subcontractors("representatives")24 hour per day, 7 day per week access to the licensed area. To avoid impact on telephone service during the day, AT&T representatives may be seeking access to the property outside of normal business hours. AT&T representatives have been instructed to keep noise levels at a minimum during their visit. Please grant the bearer of a copy of this letter access to the property and to licensed area. Thank you for your assistance. Landlord Signature 100159764-5) (V clmo Vlllagc Ezm)La d UCCnW Agrae %(00154764-5)_CT=0I.D422 EXHIBIT 24(b) MEMORANDUM OF LICENSE [FOLLOWS ON NEXT PAGE] (00159764-5) (Val=o Viltafic Eau)Land 4icm c Agrmmrnt(00I$9164-5)Clmi 4i.04M LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION,RETURN BY:MAIL{ PICKUP( } New Cingular Wireless PCS,LLC 1025 Lenox Park Blvd.NE,N4 Floor Atlanta,Georgia 30319 Attn: Network Real Estate Administration TYPE OF DOCUMENT: MEMORANDUM OF LICENSE {TOTAL PAGES:_ } PARTIES To DOCUMENT: LANDLORD: HAWAII AKATSUKA FARM,INC.,A HAWAII CORPORATION TENANT: NEW CINGULAR WIRELESS PCS,LLC,A DELAWARE L[MrFED LIABILITY COMPANY TAx MAP KEY:(3) 1-1-020-159 Re: Cell Site#HIL03306,Cell Site Name: Volcano Village East Fixed Asset Number: 15965419 State: Hawaii County: Hawaii MEMORANDUM OF LICENSE This Memorandum of License is entered into on this day of , 20 by and between Hawaii Akatsuka Farm, Inc., a Hawaii corporation, whose mailing address is P.O. Box 220 Volcano,HI 96785 (hereinafter called"Landlord"),and New Cingular Wireless PCS, LLC, a Delaware limited (00159764-51 (Voicmo Village L•ag)Land u�Apa=mtq©vi507eaal_Cican_a1.0412 liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 31u Floor, Atlanta, GA 30319 ("Tenant"). 1. Landlord and"Tenant entered into a certain Land License Agreement ("Agreement") on the day of ,20_____, for the purpose of installing,operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The initial license term will commence on the Effective Date and end on the fifth anniversary of the Rent Commencement Date,with five(5) successive automatic five(5)year options to renew. 3. The portion of the land being licensed to Tenant and associated casements are described in Exhibit 1 annexed hereto. 4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bewl fide written offer front a third party seeking any sale, conveyance,assignment or transfer,whether in whole or in part,of any property interest in or related to the Licensed Area, including without limitation any offer seeking an assignment or transfer of the License Fee payments associated with the Agreement or an offer to purchase an easement with respect to the Licensed Area. 5. This Memorandum of License is not intended to amend or modify, and shall not be deemed or construed as amending or modifying,any of the terms,conditions or provisions of the Agreement,all of which arc hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of License and the provisions of the A«-cement,the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,successors,and assigns,subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the clay and year first above written. LANDLORD: TENANT: Hawaii Akatsuka Farm, Inc, New Cingular Wireless PCS, LLC, a Hawaii corporation a Delaware limited liability company By: AT&T Mobility Corporation By: Its: Manager Print Name: Takeshi Akatsuka Its: President 8y: Date: / [ Prii awrence Giea.`�',, � Its: ctor Date: b Z--02--3 [ACKNOWLEDGMENTS APPEAR ON NEXT PAGE] Please see attached sheet for CAAcknowledgemgnviurat As per CA civil codes: 8202,8205,se07, 1189 JODI59764-5) 2 lroles„ovivascEasgL,dLica cAgr�mit��a�ssv na.s}c�cur ui.�ra. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California } County of Contra Costa } On the 1-1 ktll day of 1,k0,T:1 , 201 Z:l before me, ?-,V-k ,Notary Public, personally appeared L ,W'r-e N tp '\1 Q-\olSqk,�,R-z who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behal I"of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEV p,p,TEL CONpA #2377026 M 1+- NOTARY PO13LLC*CALIFORNIA n CONTRA COSTA COUNT P Comm.Exp.SEP.30.2025 4 Notary atrlre Alotary Seal optional Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document: Title or Type of Document: Document Date: Number of Pages(including this one): Signer(s)Other Than Named Above: TENANT ACKNOWLEDGMENT STATE OF HAWAII } )ss: CITY&COUNTY OF HONOLULU ) On this day of , 24 , in the First Circuit, State of Hawaii, before me personally appeared LAWRENCE VELASQUE2i, proved to me on the basis of satisfactory evidence,who,being by me duly sworn or affirmed,did say that such person is the RAN Director of AT&T MOBILITY CORPORATION,the Manager of NEW CINGULAR WIRELESS PCS,LLC,that said person executed the foregoing -page instrument identified or described as Memorandum of License dated 24 , as such person's free act and deed as having been duly authorized to execute such instrument in such capacity. This acknowledgement is deemed to include my Notary Certification. Notary Public,State of Hawaii Print Name of Notary Public My Commission Expires: 100{59764-5) fvntewo vi1bge east?L=d Li�ng�cm(nai5s7ca-s)_a=01.04 22 LANDLORD ACKN0NN1,FDGMFN'1 STATE OF HAWAII } ss: COUNTY OF HAWAII ) On this day of FJM 12 2 , 20 , in the Third Circuit, State of Hawaii, before me personally appeared TAKESHI AKATSUKA,proved to me on the basis of satisfactory evidence, who, being by me duly sworn or affirmed, did say that such person is the President of HAWAII AKATSUKA FARM, INC., a Hawaii corporation, that said person executed the foregoing q page instrument identified or described as Memorandum of License date —, as such person's free act and deed as having nim been duly authorized to execute such instent in such capacity. This acknowledgement is deemed to include my Notary Certification. L-- S. S� NOTARY No ry PubDe, Mate of Hawaii * : PUBLIC MICHELLE S. SIEMANN No. 92-297 Print Name of Notary Public OF M��My Commission Expires: 100E 59764-S) {V Icaan Viilagr rimt)L�d Licmc Ayemtirnt 1I11t1591{,.7_5)Ckctn 0 1 A P 22 EXSBrr 1 TO MEMORANDUM OF LICENSE DESCRIPTION OF PROPERTY AND LICENSED AREA Page of to the Memorandum of License dated , 20 , by and between Hawaii Akatsuka Farm,Inc.,a Hawaii corporation,as Landlord,and New Cingular Wireless PCS,LLC, a Delaware limited liability company,as Tenant. The Property is legally described as follows: All of those certain parcels of land situate at Keaau,District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: -PARCEL FIRST:- LOT 10, area 7.383 acres,more or less, BLOCK B,as shown on Map 52, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended)of W. H. Shipman, Limited; -PARCEL SECOND:- An undivided 1/3000 interest in and to Roadway Lot 8214, area 231.789 acres,said Roadway to be used in common with others entitled thereto. Being land(s) described in Transfer Certificate of Title No. 235851 issued to HAWAII AKATSUKA FARM, INC., a Hawaii corporation. BEING THE PREMISES ACQUIRED BY SATISFACTION DEED GRANTOR : CHARLES ROLAND MEYER, husband of Patricia Meyer, and LETITIA HACKED,wife of George Edwin Hacker GRANTEE HAWAII AKATSUKA FARM, INC., a Hawaii corporation DATED September 1, 1981 FILED Land Court Document No. 1084974 Together with vehicular and pedestrian access over a paved driveway crossing tax map parcel (3) 1-1-020-165 from Old Volcano Highway to the Licensed Area, and the right to install overhead electricity and fiber utility lines from an existing utility pole located on tax map parcel (3) 1-1- 020-165 to the Licensed Area,all as depicted below. SUBJECT, HOWEVER, to the following: 3. Mineral and water rights of any nature. 4. -AS TO PARCEL SECOND:- (A) DECLARATORY JUDGMENT dated and filed in the Circuit Court of the Third Circuit, State of Hawaii, Civil No. 87-519,on April 10, 1991; FERN FOREST 100 1 5 9764-5 1 (Vulcme Village Ease)Land Limns=Agreoneae(00159754-5)_C1caa_41_04-22 COMMUNITY ASSOCIATION,a Hawaii non-profit corporation, "Plaintiff', vs. POLYNESIAN INVESTMENT COMPANY, LIMITED, et al., "Defendant";re: Plaintiff is entitled to collect road maintenance fees and assess all property owners within the Fern Forest Vacation Estates Subdivision holding an undivided interest in and to Roadway Lot 8214, containing an area of 231.789 acres, as shown on Map 52, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053, as amended. (Not noted on Transfer Certificate of Title referred to herein) (B) Rights of others who may own undivided interest(s),or have easement or access rights, in said parcel. 100159764-5) (Vatrma Vtatnge ems,)�a Limm agreement(00159764-5)_ct=_01.04 22 The Licensed Area is described and/or depicted as follows: ar n _ _ r rr - I •�� L) a u Cri v u LO s X Lv LU Lu 100159 64-5) 1Valemn Village East}Land Licc w AVFCMMt(DO159764-5)Clm-01,68.22 I W-9 FORM [FOLLOWS ON NEXT PAGE] , I I i f, I i i 1 1 j1 E i i i (0015976 -5) iValea+a Village ElmsxJ Load Licmw Rgro mt(00154764-5)_gcm 01.04.22 i Form —9 Request for Taxpayer Give Form to the tRev.0ctoteer 0n8t Identification Number and Certification requester.Do not D2partm@rtt Cf file Tte8 ' send to the IRS. xntemai l�elenue SenriCe ■Go to wtivrv.irs-gavlFarnrSt'�?t��r in';tr::�-tinn::and tli.�I.i l•�•�t rnlr�rnnatioin. i ?tame ias shown on your income tax returns,Name istequyiea_s;1'.,.r- _ -...-n,s ur• 2 Bu,,AD s nameldisregardad entity name.of orfferent from above 3 Check appropriate bow for federal tax clasalicatwan of the person whose name is entered on fine 1.Cr--k only one of IN •f Evemptcris(codes aopiy only to fptfowing seven bores. certain entities.not individuals:see rnsuuctions on page 3i p ❑ lri—Jmdual^soie proprietor or ❑ C corporation ❑ s Cowatron ❑ Partnersrvp ❑ Trusuestate ci t single-member LLC Exempt payee cone(I any co is ❑ Urmed vabnify company,Enter the tax ctassdlcaVon IC=C corporation.S=S corporation,P=Parfn(ship)■ `o 2 Note:Check tree appropriate box in the line above lot trio tax classification of the single-memaei owner. Do nol check Exemption from FATCA reporting n LLC if the LLC is classified as a single-merrrber LLC that is disregarded from the owner unless the m%rner of the LLC is Q. another LLC that is not dsregarded from the oviner for U.S.federal lair purposes.Dthenwse.a single-rnerrlber LLC that coo?(if any; is disregarded horn the owner should check the appropriate box tar the tax dassilicatron of its owner. ❑ Oitr!see:nshuctionsl► �w= w..._f, •. ..nr. ram , ) 5 Address rnumber,street,and apt.or suite no-)See insmiChons Re+juesler's name and addre55 faplonall m3 B City,state.and ZIP code 7 List account nurnWlsi here(optional) •- Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.ding.For individuals,this is generally syWree t social security number.later However,fora resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For ether W entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Mote:If the account is m more than one name.see the instructions for line 1.Also see What(Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. FF1 -1 1 1 1 M Certification Under (ties of ,I certify that: Pew Parlur}' fY 1.The number shown on this form is my cottect taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subleci to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and a.The FATCA code(s)entered on this form(it any)indicntmg that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandorvnent of secured property,cancellation of debt.contributions to an individual retirement anangement(IRA).and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here V.S.person■ Date r +General Instructions ■Form 1099-DIV(dividends.including those from stocks or mutual funds) Section references are to the fntemal Revenue Code unless otherwise r Form 1099-I,4[SC(various types of income,prizes,awards,or gross rioted. proceeds) Future developments.For the tatest information about developments .Form 1099-8(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to wavw.irs.gov/FormM. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-It(merchant card and third party networ4(transactions) An individual or entity(Form W-9 requester)vvho is required to file an •Form 1098(tome mortgage interest),1098-E(student loan interest). information return with the IRS must obtain your correct taxpayer 1098•T(tuition) identification number iTIN)wfuch may be your social security number ■Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(1TIN).adoption .Form 1099-A(acquisition or abandonment of secured property( taxpayer identification number(ATIN),or employer identification number (PIN),to report on an information return the amount paid to you.or other Use Form W-9 only if you are a U.S,person tincluding a resident amount reportable on an information retum.Examples of information alien).to provide your correct TIN, returns include,but are not limited to,the following, ff you do not return Form 111-9 to the requester with a TIN.you might •Form 1099-iNT(interest earned or paid) be subject to backup withholdrrig,See What is backup withholding, later_ Cat.No.10231X Form W-9 tRev.to„t)n8y 100I 59764-$) (volcano Village I au)Lanai Liccaze Agreuncnl(001$4764-$)Clean_ol.04,22 DeVera, Ashley From: Erika Reyes <ereyes@J51P.Com> Sent: Tuesday, September 26, 2023 411 PM To: DeVera, Ashley Cc: Erika Reyes Subject: RE: PL-USE-2023-000008 I AT&T HIL03306 VOLCANO VILLAGE EAST NSB Hi Ashley, It looks like the NEPA Report is too big of a file. I've uploaded it to a ❑ropbox. Please see the link below. https://www.dropbox.com/scl/fi/vtg9m6dr12htlmrtgtae6/15965419 HIL03306 Full-NEPA 04-28- 23.pdf?rl key=2pzanxphrfu7nprdxu8cebOxl&dl=O Please let me know if you have any questions. Best Regards, Erika S. Reyes Site Acquisition &Zoning Specialist I J5 Infrastructure Partners 677 Ala Moana Blvd, Suite 917 Honolulu, Hl 96813 1 Mobile, 808.227.4891 ereyes@j5ip.com www.j5infrastru ctu repa rtners.cam MINFRASTRUCTURE a Centerline Communications, LLC Company We're reciranding! Our name will soon be Centerline. For more information,click here. qG CENTERLINE From: Erika Reyes Sent:Tuesday,September 26, 2023 3:40 PM To: DeVera, Ashley<Ashley.DeVera@hawaiicounty.gov> Cc: Erika Reyes<ereyes@J51P.Com> Subject: RE: PL-USE-2023-000008 I AT&T HIL03306 VOLCANO VILLAGE EAST NSB Hi Ashley, This will be the second email. The attached is a zip file containing the Nepa Screening Report. Please let me know if you have any questions. Best Regards, Erika S. Reyes Site Acquisition &Zoning Specialist I J5 Infrastructure Partners 677 Ala Moana Blvd, Suite 917 Honolulu, HI 96813 Mobile.- 808.227.4891 ereyes@j5ip.com www.i5infrastructu repartners,com )5 INFRASTRUCTURE a Centerline Communications, LLC Company We're rebranding! Our name w0l soon be Centerline. For more information,click here. CENTERLINE From: Erika Reyes Sent:Tuesday,September 26, 2023 3:34 PM To: ❑eVera, Ashley<Ashley.aeVera@hawakcounty.gov> Cc: Erika Reyes<ereyes@151P.Com> Subject: FW: PL-USE-2023-000008 I AT&T HIL03306 VOLCANO VILLAGE EAST NSB Hi Ashley,. It looks like my zip file was too big and received an Undeliverable Notification email,so I am resending over in two separate emaiis. I have attached the following on this email: 1. Attachment 1 HIL03306 Volcano Village East Project Narrative Revised 09.25.23 2. Attachment 12 HIL03306 Volcano Village East Flood Insurance Rate Map (FIRM) 09.25.23 3. HIL03306 Volcano Vil East_FE Land Land Lease Agreement—Redacted Please let me know if you have any questions. Best Regards, Erika S. Reyes Site Acquisition &Zoning Specialist I J5 Infrastructure Partners 677 Ala Moana Blvd, Suite 917 Honolulu, HI 96813 W Mobile,808.227.4891 ereyes@j5ip.com www.l5infrastructurepartners.com )5 [NFRASTRUCTURE a Centerline Communications, LLC Company 2 We're rehranding! Our name will soon be Centerline. For more information,click here. CENTERLINE From: Erika Reyes<ereyes@151P.Com> Sent:Tuesday,September 26, 2023 3:05 PM To: DeVera, Ashley cAshley.DeVera@hawaricounty.gov> Cc: Bryce Novak<bnovak@J51P.Com>; Erika Reyes<ereyes@J51P.Com> Subject: PL-USE-2023-000008 f AT&T HIL03306 VOLCANO VILLAGE EAST NSB Hi Ashley, I hope all is well on your end. I tried contacting you today but was unable to reach you,. I wanted to upload the attached revised documents via EPIC but was unable to do so. This would be for Plan Number: PL-USE-2023-000008. The last time I uploaded the initial documents for this submittal,they were still showing up as missing and I had to send them over to you. If you could please assist on this one, it would be greatly appreciated. Please feel free to contact me if you have any questions. Thank you in advance for your time. Best Regards, Erika S. Reyes Site Acquisition &Zoning Specialist I J5 Infrastructure Partners 677 Ala Moana Blvd, Suite 917 Honolulu, HI 96813 m Mobile, 808.227.4891 ereyes a@j5ip.com www.i5infrastructurepartners.com 15 INFRASTRUCTURE a Centerline Communications, LLC Company We're rebranding! Our name will soon he Centerline, For more information,clink here. ([�CENTERLINE 3 NATIONAL ENVIRONMENTAL POLICY ACT SCREENING REPORT For the Wireless Communications Facility Known as AT&T HIL03306 / 15965419 Located at 11-3049 Volcano Road Volcano, Hawaii County, Hawaii 96785 19" 27' 09.80" N / 155" 10' 33.07" W EBI Project No. 6123000461 April 28, 2023 Prepared for;. AT&T Mobility, LLC 208 5 Akard Street Dallas, Texas 75202 Prepared by; ,MEBI Consulting environmental I engineering I due diligence CONTENTS NEPA SUMMARY CHECKLIST 1.0 PROJECT OVERVIEW............................................................................................................................1 1.1 Purpose & Scope..................... ......---..................... ..................... ................................................ ....1 1.2 Project Description..................................................................................................................................1 1.3 Conclusions...............................................................................................................................................1 2.0 NEPA REVIEW SUMMARY ...............................................•-----.------......-----------..........2 2.1 Wilderness Areas [§1.1307(a)(1)].........................................................................................................2 2.2 Wildlife Preserves [§1.1307(a)(2)]........................................................................................................2 2.3 Protected Species & Critical Habitats [§1.1307(a)(3)]....................................................................2 2.4 Historic & Archaeological Resources [§1.1307(a)(4)].....................................................................3 2.5 Indian Religious Sites [§1.1307(a)(5)]............................................................................................ ....4 2.6 Roodplains [§1.1307(a)(6)]...................................................... 2.7 Significant Changes to Surface Features [§1.1307(a)(7)] ..............................................................5 2.8 High Intensity White Lights in Residential Neighborhoods [§1.1307(a)(8)]............................5 2.9 Radio Frequency Radiation [§1.1307(b)] ...........................................................................................5 3.0 LIMITATIONS.......................................................................................................................................6 4.0 SIGNATORIES.......................................................................................................................................7 APPENDIX A. NATURAL RESOURCES REVIEW APPENDIX B: HISTORIC RESOURCES REVIEW APPENDIX C: TRIBAL CORRESPONDENCE SUMMARY NEPA SUMMARY CHECKLIST Site ID: Site Address: Consu It ing AT&T HIL03306/15965419 11-3049 Volcano Road AEBI environmental I engineering I due diligence Volcano, Hawaii County, Hawaii 96785 FCC . , Screening §1.1347(a) Actions that may have a significant environmental effect,for which EAs must be prepared. lies No 1) Will the facility be located in an officially designated wilderness area? (2) Will the facility be located in an officially designated wildlife preserve? (3) Will the facility affect listed or proposed threatened or endangered species or designated critical habitats? ❑ (4) Will the facility affect districts,sites, buildings,structures or objects significant in American history,architecture, ❑ archeology, engineering or culture,that are listed, or eligible for listing,in the National Register of Historic Places? (5) Will the facility affect an Indian religious site? ❑ Z (6) Will the facility be located in a 100-year floodplain and not elevated at least one-foot above the BFE? ❑ (7) Will construction of the facility involve significant change in surface features(e.g.wetland fill,water diversion or ❑ deforestation)? (8) Will the facility be located within a residential neighborhood and utilize high intensity white lights? ❑ Important Notes Based upon the results of EBI's assessment,the Wireless Facility will not result in a significant environmental effect per§1.1307(a)of FCC NEPA Rules.As such,the preparation of an Environmental Assessment for these criteria is NOT required. Refer to Section 2.0 of this report for complete summary of EBI's evaluation of the Wireless Facility. Please also note, an evaluation of radio frequency (RF) emissions exposure per §1.1307(b) of FCC NEPA rules was not included in the scope of services of this NEPA Screening report. EBI understands that the FCC licensee and/or authorized RF engineering contractors will ensure compliance with all applicable RF radiation exposure limits. Completed by: Aidan Stone/Scientist I Date: April 28, 2023 aik 1.0 PROJECT OVERVIEW 1.1 Purpose & Scope EBI Consulting (EBI) has prepared this National Environmental Policy Act Screening Report (NEPA Screening Report) for the wireless communications facility referenced in Section 1.2 below (herein, the "Wireless Facility"), The purpose of this NEPA Screening Report is to evaluate the Wireless Facility in accordance with Federal Communications Commission (FCC) NEPA implementing rules (47 CFR §1.1301- 1.1320) to determine if it may have a significant environmental effect for which an Environmental Assessment (EA) is required. EBI prepared this NEPA Screening Report using project design and location details provided by the Applicant or an authorized representative. EBI also completed independent research and/or consultation with applicable interested parties (as required) to further evaluate the potential impacts of the Wireless Facility on the human environment. 1.2 Project Description According to details provided to EBI, the Wireless Facility consists of the construction of a new wireless communications tower facility. Please refer to the attachments for complete details. The location of the Wireless Facility, including any and all associated antennas and equipment, supporting infrastructure, lease areas, and utility/access easements (if applicable) are herein referred to as the "Project Site". 1.3 Conclusions Based upon the results of EBI's assessment, the Wireless Facility will not result in a significant environmental effect per §1.1307(a) of FCC NEPA Rules. As such, the preparation of an Environmental Assessment for these criteria is NOT required. Please refer to the NEPA Summary Checklist, Section 2,0, and the attachments for complete details of EBI's evaluation. 2.0 NEPA REVIEW SUMMARY The following section summarizes EBI's evaluation of the proposed wireless facility to determine whether it may result in a significant environmental effect, as defined in §1.1347(a) and (b) of FCC NEPA Rules, 2.1 Wilderness Areas [§1.1307(a)(1)) Will the facility be located in an officially designated wilderness urea? EBI reviewed publicly available federal lands mapping data" maintained by the United States Fish and Wildlife Service (USFWS), the United States Forest Service (USFS), the National Park Service (NPS), and the Bureau of Land Management(BLM). FINDING: Based on EBI's review of the above-referenced data, the Project Site is not located within a federal- designated Wilderness Area. Please refer to Appendix A for relevant supporting documentation. 2.2 Wildlife Preserves [§1.1307(a)(2)] Wilt the facility be located in an officially designated wildlife preserve? EBI reviewed publicly available federal lands data' maintained by the USFWS, the USFS, the NPS, and the BLM. FINDING Based on EBI's review of the above-referenced data, the Project Site is not located within a federal- designated Wildlife Preserve. Please refer to Appendix A for relevant supporting documentation. 2.3 Protected Species & Critical Habitats [§1.1307(a)(3)j Will the facility affect listed threatened or endangered species or designated critical habitats, or is it likely to jeopardize the continued existence of any proposed endangered or threatened species, or likely to result in the destruction or adverse modification of proposed critical habitat? EBI utilized the USFWS Information for Planning and Consultation` online project review tool to identify federal-listed threatened and endangered species that are known to occur within the vicinity. EBI also reviewed the USFWS Critical Habitat Portal' online mapping tool to identify critical habitats within the immediate project vicinity. If available, and as applicable, EBI also evaluated State-protected species and habitat data to evaluate whether either might be present in the project vicinity. FINDING Based on EBI's review, suitable habitats capable of supporting the listed species were not noted at the proposed Project Site. As such, the Wireless Facility is anticipated to have 'No Effect' on the identified species. 1 Wilderness Map: https:Lwilderness.net/default.php https://www.fws.gov/refuges/ Z Wildlife Refuge Map:https://www.fws.gov/refuges/ 3 USFWS IPaC,(http://ecos.fws.goy/ipac} ' USFWS Critical Habitat Portal https//criticalhabitat.fws.gov 21 �' � = Based on FBI's findings above, and in accordance with the provisions of Section 7 of the Endangered Species Act(ESA), no consultation with the USFWS is required. FBI submitted project details and a request for species data and /or comment to the Hawaii Department of Land and Natural Resources. In response to FBI's submittal, no specific concerns relative to potential impacts of the Wireless Facility on protected species or critical habitat were identified. The response did include standard language reiterating the need to assess for potential impacts to flood zones. Flood zones are addressed in Section 2.6 of this NEPA Review Report. Please refer to Appendix A for copies of all relevant supporting documentation. Migratory Birds EBI also evaluated the potential of the Wireless Facility to significantly impacts species protected by the Migratory Bird Treaty Act (META). Specifically, EBI evaluated the Wireless Facility against the USFWS's Communications Tower Siting, Construction, Operation, and Decommissioning Recommendations' interim guidance. Further, the provisions of §1.1307(b)(2)(d) of FCC NEPA rules require that an Environmental Assessment must be prepared for any wireless communications tower that exceeds 4S0 feet above ground level (AGL). Based on a review of the project details, the Wireless Facility meets the USFWS's key tower design and location recommendations. Further, if required, the Wireless Facility will utilize only FAA-mandated lighting systems. As such, it is not anticipated to result in a significant adverse effect to species protected by the META. 2.4 Historic & Archaeological Resources [§1.1.307(a)(4)1 Will the facility affect districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture, that is listed or is eligible for listing in the National Register of Historic Places? FCC NEPA rules and the Nationwide Programmatic Agreement for Review of Effects on Historic Properties ("NPA"; September 2004) set forth several exemptions for wireless projects from review under Section 106 Review of the NHPA. Using the provided project design and location details, as well as a review of records maintained by the State Historic Preservation Office (SHPO), EBI evaluated whether such an exemption applies to the Wireless Facility. FINDING Based on EBI's review, the Wireless Facility does not meet the necessary criteria set forth in either FCC NEPA rules, the Collocation Agreement, or the 2004 NPA to apply an exemption from Section 106 review. As such, consultation with the SHPO was required. Using the FCC's a-106 system, EBI provided the SHPO with project details, copies of consultation correspondence to date, the results of EBI's evaluation of the potential effects of the project on historic and archaeological resources, and a request for comment. In response to EBI's submittal, the SHPO determined that as proposed, the Wireless Facility will have 'No Effect' on districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture, that is listed or is eligible for listing in the National Register of Historic Places. httpsl/www.fws.goy/midwest/endangered/section7ltelecomguidance.html 31 Please note, in the unlikely event that unanticipated Historic Properties, cultural artifacts, archeological deposits, or human remains are inadvertently encountered during the proposed construction and associated excavation activities, all ground disturbing activities roust halt immediately and the appropriate local officials and state agencies contacted, in accordance with Federal and State regulations (36 CFR 800.13(b)). 2.5 Indian Religious Sites [§1.1307(a)(5)] Will the facility affect Indian Religious.Sites? FCC NEPA rules and the 2004 NPA set forth several exemptions for wireless projects from review under Section 106 Review of the NHPA, including specifically an exemption from consultation requirements with Native American Indian Tribes. Using the provided project design and location details, as well as a review of records maintained by the SHPO, EBI evaluated whether any such exemption applies to the Wireless Facility. FINDING Based on FBI's review, the Wireless Facility does NOT meet the necessary criteria set forth in either FCC NEPA rules, the Collocation Agreement, or the 2004 NPA to apply an exemption from Section 106 review. Therefore, review of the Wireless Facility by federal-recognized Native American Indian Tribes was req u i red. EBI submitted details and supporting documentation regarding the proposed installation using the FCC's Tower Construction Notification System (TCNS). EBI then received an automated Notice of Organizations (NOO) email generated by the TONS, identifying federal-recognized Native American Indian Tribes which had been notified of the proposed installation based on geographic areas of interest set by the tribes. A summary of correspondence with interested Tribes identified through TCNS, as well as copies of any pertinent correspondence between EBI and these Tribes, including TCNS emails, follow-up correspondence, and Tribal responses are appended to this NEPA Screening Report. As of the date of this letter, all Native American Indian Tribes notified of the Wireless Facility using the FCC's Tower Construction Notification System (TCNS) have either () responded as having no further interest in review; (ii) have pre-established procedures for which the Wireless Facility meets a 'no interest' criteria; (iii) have exceeded the mandated comment period; or (iv) requested construction monitoring without specifying an historic property(ies) of concern, or otherwise did not sufficiently support the request. Accordingly, under the provisions set forth in FCC NEPA Rules and the 2,,d R&O, the Applicant's pre-construction obligations are discharged with respect to these Native American Indian Tribes. 2.6 Floodplains [§1.1 07(a)(6)] Will the facility be located in a 100-year floodplain and not be elevated at least one-foot above the lase flood elevation? EBI reviewed project details, survey data, and the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) applicable to the Project Site. Please refer to Appendix A for complete details and a copy of relevant supporting documents. 41 FINDING Based on EBI's review, the Wireless Facility is not located within a 100-year floodplain. 2.7 Significant Changes to Surface Features [§1.1307(,)(7)i Will construction of the facility involve significant change in surface features (e.g.. wetland fill. deforestation, or water diversion)? EBI reviewed USFWS National Wetlands Inventory (NWI) maps and any other publicly available Geographic Information System (GIS) wetlands mapping resources to identify the presence of known wetlands at or in the vicinity of the Project Site. EBI also reviewed online aerial photography and available Project Site photos, as well as project design and location details provided by the Applicant. Please refer to Appendix A for complete details and a copy of relevant supporting documents. FINDING Based on EBI's review of the above-referenced resources, the development of the Wireless Facility at the Project Site is not anticipated to impact wetlands and will not require the significant removal of trees (i.e. deforestation.Therefore, no significant changes to surface features is anticipated. 2.8 High Intensity White Lights in Residential Neighborhoods [§1.1307(a)(8)] Will the Facility be equipped with high-intensity white lights and be located in a residential neighborhood, as defined by the applicable zoning law? EBI reviewed project details provided by the Applicant, as well as local zoning information for the Project Site. FINDING According to the project information provided to EBI, the proposed installation will not be both (i) located in a residential neighborhood and (6) include high intensity white lights. 2.9 Radio Frequency Radiation [§1.1307(b)j Will the facility (operation or transmitter) cause human exposure to levels of radiofrequency radiation in excess of the limits? An Environmental Assessment must be prepared for any installation that will result in human exposure to radio frequency radiation in excess of the limits set forth in §1.1310 and 2.1093 of FCC NEPA Rules. FINDING Please note,an evaluation to determine whether radiofrequency (RF) emissions standards are met was not included as part of this NEPA Screening report. EBI understands that the Applicant will independently evaluate the project to ensure compliance with applicable RF standards. si 3.0 UMITATIONS EBI prepared this NEPA Screening Report using project information provided by the Applicant or an authorized representative. Relevant documents detailing the project (e.g. drawings, surveys, permits, etc.) are appended to this NEPA Screening Report. If the design or location of the installation changes, please contact EBI as additional review and/or consultation may be required. Please note that certain data utilized in the preparation of this NEPA Screening Report is updated periodically and is therefore time sensitive. Such data may include but is not limited to known protected species and habitat information or historic resources that are listed or eligible for listing on the National Register of Historic Places. As such, an update of the data used in this NEPA Screening Report and a re- evaluation of corresponding findings may be necessary should the Wireless Facility not be completed with the time frame applicable to each data set. If provided, EBI also prepared this NEPA Screening Report in part utilizing supplemental supporting documentation (e.g, permits, wetlands delineations, surveys, research, etc.) prepared by third-party consultants directly for the Client. However, please note that EBI did not independently verify the findings of any such supplemental supporting documentation and relies upon such documents as factual and accurate. This NEPA Screening Report was completed according to the terms and conditions authorized by you. There are no intended or unintended third-party beneficiaries to this NEPA Screening Report, unless specifically named. EBI is an independent contractor, not an employee of either the property owner or the project proponent, and its compensation was not based on the findings or recommendations made in the Report or on the closing of any business transaction, Note that the findings of this Report are based on the project specifications provided to EBI and described in this Report. 61 4.0 SIGNATORIES This NEPA Screening Report summarizes the research, evaluation, and findings of several individual assessments completed to evaluate the potential effects of the proposed Facility on specific resources (i.e. natural, historic, cultural resources). Please refer to those reports (attached) for the names and qualifications of the respective signatories. Thank you for the opportunity to prepare this NEPA Screening Report and to assist you with this project. Please call us if you have any questions or if we may be of further assistance. 71 APPENDIx A: NATURAL RESOURCES REVIEW JOSH GREEN,M.P. 4_a',+o ey s, DAWN N.S.CHANG GC.•,'ERNORI KE KIAWNA CkAIPPERSON BOARD OF LANO7 AND 4UVru\L r SOVRC.ES SYLVIA LIKE COMMISSION )NWATER RES PL,•U 'E UFUTENANT GOVERNOR I KA HOPE KWAJNA ,r l r P� a NWdA.;E.ME T < � — yq STATE OF HAWAH I KA MOKU,AINA`a HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES sr�reaFHa�' KA`OIHANA KUMUWAIWAI`AINA LAND DIVISION HC}NOWLIJ, HAwA11 96809 March 20, 2023 EBI Consulting Attn: Ms. Juanita Colorado via email: icolorado(@ebiconsulting.com 1414 E. 4911 Street Tulsa, Oklahoma 74105 Dear Ms. Colorado: SUBJECT: FCC TCNS ID#262819 — AT&T Mobility, LLC — MTOWER — Monopole located at 11-3049 Volcano Road, Volcano, Island of Hawaii; TMK: (3) 1- 1-020:159 Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to ❑LNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: dariene.k.nakamurac@.hawaii.gov. Thank you. Sincerely, Rap Testy" Russell Y. Tsuji Land Administrator Enclosures cc: Central Files JOSH GREEN-M.O. 4E'.ie e� a, DAWN N.S,CHANG :_[i•.i ERN(1R1 KE KIA Al NA 'b CHAIRPERSON BOARD OF LAND AND NATURAL.RESOURCES SYLVIA LIKE y:I` COMMISSION ON WATER RESOURCE UEIfT'c\AY'T 4`•OVERNOR I KA HOPE MAMA f .R lAANAGEMEN7 .. `A`;,,,a and�r _�} .}'... �r STATE OF HAWAII I KA MOKU'AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES „. KA`OIHANA KUMUWAIWAI`AINA LAND DIVISION P.O.BOX 621 HONOLULU, HAWAII 96809 February 23, 2023 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(a-),hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terracto(a hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM@hawaii.gov} _Office of Conservation & Coastal Lands X Land Division— Hawaii District (gordon.c.heit(q-)hawaii.gov) _Aha Moku Advisory Committee FROM: Russell Y. Tsuji, Land Administrator`��' 1�� T"Y` SUBJECT: FCC TCNS ID#262819—AT&T Mobility, LLC— MTOWER- Monopole LOCATION: 11-3049 Volcano Road, Volcano, Island of Hawaii; TMK: (3) 1-1-020:159 APPLICANT: Federal Communications Commission Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by March 2.0, 2023. If no response is received by the above date. we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura hawaii.gov. Thank you. BRIEF COMMENTS: (V ) We have no objections. ( We have no comments. ( ) We have no additional comments. ( } Comments are included/attached. Signed: C. Print Name: Cordon C. Heit Division: Land Division Date: March 13, 2023 Attachments cc: Central Files i� O,f_yy1 JOSH GREEN.M.O. tia +s sy,v DAWN N.S.CHANG t;f.iv ERNUR I KE KI,AINA A' CHAIRPERSON f, BOARD OF LAND AND NATURAL RESOURCES SSYLVIA€{UKE COMMISSION ON WATER RESOURCE LI ELFrEN ANT GOVERNOR I KA HOPE Ki,,AINA MANAGEMENT and STATE OF HAWAVI I KA MOKU`AINA`O HAWAH DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWA{WAI`AINA LAND DIVISION P.O.BOX 621 HONOLULU,HAWAII 96809 February 23, 2023 MEMORANDUM FROM: DLNR Agencies: _Div. of Aquatic Resources ,Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(@,hawaii.00v) X Div. of Forestry & Wildlife (rubyrosa.t.terrago(a)_hawaii.gov) _Div. of State Parks XCommission on Water Resource Management (DLNR.CWRM@hawaii.gov} _Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heitahawaii.gov) ,Aha Moku Advisory Committee TO: EROU Russell Y. Tsuji, Land Administrator'�"1 r'Y' SUBJECT: FCC TCNS ID#262819—AT&T Mobility, LLC— MTOWER - Monopole LOCATION: 11-3049 Volcano Road, Volcano, Island of Hawaii; TMK: (3) 1-1-020:159 APPLICANT: Federal Communications Commission Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by March 20, 2023. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(o)hawaii.gov. Thank you. BRIEF COMMENTS: ( } We have no objections. ( ) We have no comments. ( } We have no additional comments. ( r/ ) Comments are included/attached. Signed: aL Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Mar 9,2023 Attachments cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell V. Tsuji Ref FCC TCI<S ID#262819—AT&T Mobility, LLC— MTOWER—Monopole Location: 11-3049 Volcano Road, Volcano, Island of Hawaii TMK(s): (3) 1-1-020:159 Applicant: Federal Communications Commission COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIF standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation,for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMs can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.liawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: • Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. U Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. c1 Kauai: County of Kauai, Department of Public Works (808)241-4849. Signed: � r CARTY S. CHANG, CHIEF ENGINEER Date: Mar 9, 2023 2 1 8 Street EBI Consulting Burlington, MA 01803 Tel 47$ ? 273-2500 Fax. (781) 273-331 1 environmental I engineering I due diligence www.ebiconsulting.com February 22, 2023 Department of Land and Natural Resources Division of forestry and Wildlife 1 151 Punchbowl Street, Room 325 Honolulu, Hawaii 96813 Phone: (808) 587-0166 Subject: Trust Resources Review Proposed Telecommunications Facility Site Identifier: I S9654191 AT&T HIL03306 Site Address: 1 1-3049 Volcano Road,Volcano, Hawaii County, Hawaii 9678S Latitude I Longitude: 19' 27' 9.80" N I 155' 10' 33.07"W EBI #6123000461 To Whore It May Concern: ESI Consulting (EBI) is conducting an environmental review of the above-referenced proposed telecommunications facility. At the request of Verfzon Wireless, EBI is submitting the information contained herein for your review and comment with respect to the potential impacts of the proposed facility on jurisdictional trust resources of the Hawaii Department of Land and Natural Resources. For complete details, please refer to the attached Natural Resource Review, which includes a review of protected species and associated habitats identified as being potentially present at or within immediate proximity to the proposed telecommunications installation. Based on the results of this Review as summarized herein, it is the opinion of E81 that the proposed telecommunications facility will have no effect on identified protected species. If feasible, please forward your response directly to me via email at prees@ebiconsulting.com, Should you have questions or wish to discuss this further, please contact me at the email above or by phone at (480) 283- 5201. Sincerely, Patricia Rees Author 1 Biologist II Attachment: Natural Resource Review NATURAL RESOURCE REVIEW Natural Resources Review 15965419 1 AT&T HIL03306 1 1-3049 Volcano Road Volcano, Hawaii 96785 EBI Project No. 6123000461 February 22, 2023 Prepared for: AT&T Mobility, LLC 208 S. Akard Street Dallas~ Texas 75202 Prepared by: Consultin,4EBI environmental I engineering I due diligence 21 B Street EBI Consulting Burlington, MA 010 Tel: (781)273-2500 environmental I engineering I due diligence Fax: (781)273-331 1 www.ebiconsulting.com February 22,2023 Subject: Natural Resources Review for a Proposed Wireless Communications Facility I S965419!AT&T HIL03306 I 1-3049 Volcano Road,Volcano, Hawaii County, Hawaii 96785 190 27' 9.80" N 1 1550 10' 33.07" W EBI Project No. 6123000461 OVERVIEW EBI Consulting (EBI) has prepared this Natural Resource Review (NR Review) for the above-referenced proposed wireless communications facility(herein,the Facility). This NR Review supports a National Environmental Policy Act (NEPA) review of the proposed Facility, completed in accordance with Federal Communications Commission (FCC) NEPA implementing procedures set forth in 47 CFR I.1301-1.1320. The purpose of this NR Review is to determine whether further environmental review may be required in accordance with 47 CFR 1.1307(a)(1), (2), (3), (6), and (7) of FCC NEPA Rules. Specifically, this NR Review focuses on evaluating whether the proposed Facility will result in potential significant impacts to federal lands, federal-listed species,flood zones, or other significant changes to surface features. EBI prepared this NR Review using readily available online resources and visual observations made during EBI's field survey. This NR Review is designed to provide a baseline evaluation of the potential for the proposed Facility to significantly affect the above-referenced natural resources (including federal-listed species) and to determine if additional review, specialized on-site surveys, or consultation is required. PROJECT SUMMARY As of the date of this NR Review, the proposed project consists of the construction of a new communications facility. Specifically, the proposed installation will consist of the construction of a 150-foot monopine tower with support equipment within a 36-foot by 40-foot lease area. Overhead power lines will extend generally northeast to existing sources. The site will be accessed via existing access roads. Please see the attached site drawings for complete details. PROPERTY AND VICINITY DESCRIPTION The property on which the Facility is proposed (herein, the Subject Property), is improved with a plant nursery with its associated buildings, parking lot,and maintained/landscaped areas. The area of the Subject Property on which the installation is proposed (herein, the Project Site), currently consists of a regularly maintained (mowed) grass lawn and existing asphalt paved driveway. Land immediately surrounding the Project Site consists of undeveloped land to the south and facilities associated with the plant nursery in all other directions. FEDERAL LANDS REVIEW FBI reviewed available online mapping resources to determine if the proposed Facility location is inside the boundaries of, or within one mile of certain classifications of federal land. Applicable data is depicted on EBi's `Land Resources Map' (see attached).The following table summarizes EBi's review. FEDERALLY-PROTECTED LAND Within Within Not f Within jurisdictional Agency 1 Resource Boundary -mile I-mile Wilderness Area [47 CFR §1.1307(a)(i)] National Wilderness Preservation System(NWPS) National Park Service(NPS); U.S. Forest Service(USES);U.S.Fish and Wildlife Service(USFWS); Bureau of ❑ ❑ Land Management(BLM) https'//www_arcgis-coat/apps/webappviewer/i ndex.html?id=a415bcaO7f1Ga4bee9fOe894bOdb5c3b6 Wildlife Preserve [47 CFR§1.1307(a)(Z)] National Wildlife Refuge System (NWRS) ❑ ❑ NPS; USFS;USFWS:BLM http://www.fws.goy/refuges Wild & Scenic Rivers NPS;USFS;USFWS; BLM ❑ ❑ http;i/www,rivers.gov National Scenic Trails NPS and Managing Systems and Trails Organization(MSTO) ❑ ❑ Z https://www.nps.gov/subjects/national trailssystem/national-seen ic-ti-ails.htm Based on a review of the above-referenced resources, the proposed facility is not located within the boundaries of, or within one mile of any of the above-referenced federal lands. PROTECTED SPECIES REVIEW Federally Listed Species and Critical Habitats EBI utilized the USFWS Information for Planning and Consultation' (1PaC) online project review tool to identify species that are federally listed or proposed for listing under the Endangered Species Act (ESA), and that are known to occur within the project vicinity. Based on EBI's research of online files maintained by the USFWS, twenty-five such federal-listed (i.e. endangered or threatened) species are known to occur within the project vicinity. Additionally, EBI utilized the USFWS online Critical Habitat Portalf online mapping tool and determined that the proposed Facility location is not within a designated critical habitat. State Protected Species EBI also reviewed online resources maintained by the Hawaii Department of Land and Natural Resources (HDLNR) (http://www.dofaw.net/) to identify any state-listed animal species of greatest conservation need or threatened and endangered plant species that are known to occur within proximity of the proposed Project Site. Based on EBI's review of these online resources, nine animal species of greatest conservation need, and numerous threatened and endangered plant species are known to occur on the island of Hawai'i. As such, the HDLNR will be invited to comment on state resources. USFWS Information and Consultation URL: http:llecos.fws.gov/ipac USFWS Critical Habitat Portal URL, http://criticalhabitat.fws.gov A review of the identified species and their associated habitats with respect to the proposed location of the Project Site is provided in the following table, SPECIES LISTING FEDERAL Common Name STATUS HABITAT DESCRIPTION DETERMINATION OF EFFECT (Scientific Name Hawaiian Hoary Bat FE This species can be found in a variety of elevations but is most No Effect — No disturbance of vegetation (Losiurus cinereus common in coastal and lowland forest areas.Forages in forest other than regularly maintained grass is semotus) clearings,open fields,and sometimes over agricultural land or required, so no potentially suitable roosting water. Roosts primarily in trees 15 feet or taller or in rock habitats(i.e. rock crevices or trees 15 feet or crevices. taller) will be impacted by the proposed work. Band-rumped Storm- FE This seabird nests on steep open to vegetated cliffs and in No Effect— No potentially suitable habitats petrel sparsely vegetated, high-elevation lava fields. When not at (shoreline cliffs or lava fields) for this species (Oceanodronma castro) nest locations they spend their time foraging in the open was observed within the Project Site or ocean. immediate vicinity, Hawaii Akepa FE This species is found in wet and mesic montane forests and No Effect— No potentially suitable habitats (Loxops coccineus) ohio mesic forests above 4,300 feet. Populations are most (forests or woodlands) for this species was dense in old growth areas with large canopy emergent ohia or observed within the Project Site or immediate koa trees but may also be found in disturbed areas where vicinity. No disturbance of vegetation other similar large trees remain. Nesting is done in the cavities of than regularly maintained grass is required. these large trees. Hawaiian(=koloa)Duck FE This species prefers wetland areas such as marshes, No Effect— No potentially suitable habitats (Arras"Ydifana) reservoirs, taro patches, pastures, stream and river valleys, (wetland habitats) for this species was etc. Nesting is done on the ground near water or on small observed within the Project Site or immediate islets. vicinity. Additionally, the Project Site undergoes frequent human disturbance, and the nearest wetlands are located on the opposite side of the nursery buildings, so the location would not be highly desirable for thesespecies. Hawaiian Coot FE Found in freshwater and brackish wetlands including lakes, No Effect— No potentially suitable habitats (Fulica americans afar") ponds, reservoirs, irrigation ditches, and marshes where (wetland habitats) for this species was vegetation is interspersed with open shallow water. Nests are observed within the Project Site or immediate built in clumps of emergent vegetation or occasionally free- vicinity. Additionally, the Project Site floating. undergoes frequent human disturbance, and the nearest wetlands are located on the opposite side of the nursery buildings, so the location would not be highly desirable for thesespecies. Hawaiian Goose FT This species is found mainly on sparsely vegetated lava flows. No Effect— No potentially suitable habitats (Branto(=Nesochen) During the non-breeding season they may feed in pastures, (wetland habitats) for this species was sandvicensis) Nesting is done on lava or edges of kipukas. Does not require observed within the Project Site or immediate open water. vicinity. Additionally, the Project Site undergoes frequent human disturbance, and the nearest wetlands are located on the opposite side of the nursery buildings, so the location would not be highly desirable for these species. Hawaiian Petrel FE This species nests in burrows in barren areas of high No Effect— No potentially suitable habitats (Pterodroma mountain slopes_ Pelagic (forage in open ocean) when they (high mountain slopes or open ocean)for this sandwichensis) are not nesting. species was observed within the Project Site or immediate vicinity. Hawaiian Stilt FE Typically found in and around muciflats. Loaf near water an No Effect— No potentially suitable habitats (Himantopus mexicanus mudflats, mats of pickleweed, or open pastures where (mudflats or pastures overlooking water) for knudseni) visibility is good. Nesting is done in a scrape on the ground on this species was observed within the Project sparsely vegetated islets of shallow ponds, but may also use Site or immediate vicinity. Additionally, the dry, barren areas near ponds. Project Site undergoes frequent human disturbance, and the nearest wetlands are located on the opposite side of the nursery buildings, so the location would not be highly desirable for thesespecies. SPECIES LISTING FEDERAL Common Name STATUS HABITAT DESCRIPTION DETERMINATION OF EFFECT Scientf c Name) Newell's Townsend's FT Nests in burrows on oceanic islands, usually in open areas No Effect— No potentially suitable habitats Shearwater with a downhill flight path such as ridge crests or (ridges, embankments near the shore)for this (Puffinus auricularis embankments. Pelagic (forage in open ocean) when they are species was observed within the Project Site newelll not nesting. or immediate vicinity. Iaku'aku FE Grows on gentle volcanic slopes or gulch sides in lowland or No Effect — The area has been previously (Cyanea platyphyflo) montane wet forests dominated by ohia and koa trees ac cleared and the only vegetation that remains elevations from 2,017 to 3,551 feet above sea level. is regularly maintained mowedgrass. aku FE Grows in lowland and montane wet forests (from 3.300 feet No Effect — The area has been previously (Cyanea tritomantha) to 6,600 feet in elevation)on old volcanic substrates cleared and the only vegetation that remains is regularly maintained (mowed) grass. Additionally,this site is located outside of the elevation range for this species. ohe FE Occurs in wet to mesic ohia-koa lowland and montane forest No Effect — The area has been previously (Joinvillea ascendens from 1,000 to 4,260 feet along intermittent streams. cleared and the only vegetation that remains ascendens) is regularly maintained (mowed) grass. No streams are located in the vicinity. Alani FE Found in wet to mesic montane forests an old volcanic ash No Effect — The area has been previously (Melicope zahlbruckneri) deposits in areas dominated by koa and ohia trees from 3,920 cleared and the only vegetation that remains to 4,265 feet above sea level. is regularly maintained (mowed) grass. Additionally, this site is located outside of the elevation range for this species, Ha'iwale FE Grows in lowland and montane wet forests, dominated by No Effect — The area has been previously (Cyrtandra giffardir) tree ferns, from 2,146 feet to 4.723 feet in elevation on old cleared and the only vegetation that remains volcanic substrates is regularly maintained mowedgrass, Haiwale FE This plant grows on steep slopes of stream banks from No Effect — The area has been previously (Cyrtandra wagner) approximately 2,799 to 3,264 feet in elevation. Substrates or cleared and the only vegetation that remains rocky,brown clays in moderate to dense shade of wet forests is regularly maintained (mowed) grass. No dominated by ohia and koa. streams are located in the vicinity. Holes FE This tree grows in mesic grassland and shrubland,and in wet No Effect — The area has been previously (0ehrosia haleakalae) forest habitats on the island of Hawaii. Elevation ranges from cleared and the only vegetation that remains 1,316 to 4,006 feet above sea level. The associated native is regularly maintained (mowed)grass. species at Honopue valley include Antidesma spp. (hame), Boehmeria grandis (akolea), Chorpentiera spp. (papala), and Cyrtandra s haiwale among others. Holei FE This plant is found in Koa-©hia-Lama dominated mesic No Effect — The area has been previously (Ochrosia kiloueoensis) montane forests from 2,200 to 4,000 feet above sea level. cleared and the only vegetation that remains Associated native species include Gardenia b6ghamii (nanu), is regularly maintained (mowed)grass. Psychotria hawailensis (kopiko), Nothacestrum spp. (aiea), and Colubrina s kauila). Nanu FE This tree grows at elevations ranging from 190 to 3,000 feet No Effect — The area has been previously (Gardenia remyi) above sea level in shrubby forests and Ohia-Koa mesic to wet cleared and the only vegetation that remains forests. Associated with many native species including Alyxia is regularly maintained (mowed)grass. steflato (maile), Antidesma platyphyllum (hame), Athyrium micro h fluor akolea,and%bea elation ahakea . Phyllostegia floribunda FE Grows in wet to mesic Ohia-Koa-Hapuu forests from No Effect — The area has been previously approximately 1,400 to 3,700 feet in elevation (possibly up to cleared and the only vegetation that remains 4,000 feet in some locations on old volcanic substrates is regularly maintained mowedgrass. Phyllostegia stachyoides FE This plant grows on ridges and gulches of mesic Ohia-Koa No Effect — The area has been previously forests on old volcanic substrates an the island of Hawaii but cleared and the only vegetation that remains may be more restricted to upland mesic and wedand forests is regularly maintained (mowed)grass. along bogs and riparian areas on other islands such as Maui and Molokai. Schiedea difFusa ssp. FE Found in montane wet forests, dominated by Ohia, Hapuu, No Effect — The area has been previously rnacraei and tree ferns from 4,000 to 5,100 feet in elevation. cleared and the only vegetation that remains is regularly maintained (mowed) grass. Additionally, this site is located outside of the elevation range for this species. Schiedea diffusa subsp. FE Found in wet to very wet forests dominated by native No Effect — The area has been previously d4Tusa vegetation at elevations ranging from approximately 2.000 to cleared and the only vegetation that remains 5.500 feet. is regularly maintained mowedgrass. SPECIES LISTING FEDERAL Common dame STATUS HABITAT DESCRIPTION DETERMINATION OF EFFECT (Scientific Name Hohiu FE This plant grows in deep shade on rocky, steep, very wet, No Effect — The area has been previously (Dryopterrs glohra var. mossy streambanks surrounded by wet forest at around 3,937 cleared and the only vegetation that remains pusillo) feet in elevation is regularly maintained (mowed) grass. No streams are located in the vicinity. Microlepia strigoso var. FE Grows in mesic to wet forests from 1,394 to 6,004 feet above No Effect — The area has been previously mateiensis sea level. On the island of Hawaii. associated native species cleared and the only vegetation that remains include Ciboticrm s h uu)and Metrosideros spp. ohia. is regularly maintained mowedgrass. Pendant Kihi Fern FE This species grows on trees in lowland wet Ohia-Hapuu No Effect — The area has been previously (Adenophorus perierts) forests between approximately 1,540 and 4,150 feet in cleared and the only vegetation that refrains elevation. Preferred areas are usually well developed, with is regularly maintained (mowed)grass. closed canopies providing deep shade and humidity. FE =Federal Endangered; FT= Federal Threatened;FP =Federal Proposed;FC= Federal Candidate;CH= Critical Habitat SE = State Endangered; ST= State Threatened; SP=State Pro Posed, NL= Not Listed As noted in the table above, suitable habitats capable of supporting the listed species were not noted at the proposed Project Site. As such, the proposed installation is anticipated to have 'No Effect' on the identified listed species. Migratory Bird Treaty Act Consideration should also be given to the potential impacts of the construction and ongoing operation of the proposed Facility, on species protected under the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712). The USFWS issued "Recommended Best Practices for Communications Tower Design, Siting, Construction, Operation, Maintenance and Decommissioning"11 to provide avoidance and minimization measures to reduce the risk of avian mortality as a result of communications towers. The proposed tower-will be a 150-foot monopine tower with no lighting. As such, it meets most of the USFWS's tower siting and design recommendations and is therefore not anticipated to adversely affect migratory birds. Bald & Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C. 668-668d) prohibits the "taking" of bald and golden eagles in the absence of a permit issued by the Secretary of the Interior. Based on FBI's on-site observations, assessment of habitat, and review of publicly available occurrence data, the proposed installation is not anticipated to result in the"take"of any Bald or Golden Eagles. No further review is required. FEMA FLOOD ZONE Based on EBI's review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (www.fema.gov; Map# 1551661400F), the proposed facility is located within an area identified as Zone X. and therefore is not located within a 100-year floodplain. As such, in accordance with g 1.1307(a)(6) of FCC NEPA Rules,an Environmental Assessment is not required. SIGNIFICANT CHANGES TO SURFACE FEATURES Wetlands EBI did not observe any readily identifiable wetlands or wetland characteristics within the Project Site (e.g. standing water-, hydrophytic vegetation, soil saturation and inundation, drainage patterns and sediment deposition, watermarks and drift lines on trees and vegetation, or water-stained leavesy. A review of the USFWS National Wetlands Inventory (NWI) wrap (see attached) and aerial imagery identified two freshwater ponds located on the opposite side of the nursery buildings, approximately 150 feet to the northwest of the proposed lease area. Due to the distance and intervening developments,no impacts are anticipated. 3 https:llwww.fws.goy/migratorybirdslpdf/management/usfwscomrntowerguidance.pdf EBI also reviewed the United States Department of Agriculture (USDA), Natural Resource Conservation Service (MRCS) Web Soil Survey (WSS) for the Project Site and immediate vicinity. According to FBI's review, soils at the Project Site consist of Keei sfightly decomposed plant material, 3 to 10 percent slopes. This well drained soil supports a water-table at greater-than 80 inches with a restrictive layer ranging from 2 to 10 inches.This soil is not listed as hydric by the NRCS(http://www.nres.usda.gov/wps/portallnres/main/soils/uselhydricl). Based on FBI's review as summarized above, the proposed communications facility installation is not anticipated to impact identified wetlands. FINDINGS AND CONCLUSIONS Based on the results of EBI's review as summarized herein,the proposed communications facility is: Anticipated to have 'no effect' on listed species or associated critical habitats: r Not within the boundaries of, or within one mile of federal lands (i.e. wildlife preserves, wilderness areas, etc.): Not within the boundaries of a FEMA-designated I00-year flood zone: and :- Not anticipated to result in a significant change to surface features. As such, EBI recommends no further review with regard to the potential for impacts on the natural resources evaluated in this report. EBI is an independent contractor, not an employee of either the property owner or the project proponent, and its compensation was not based on the findings or recommendations made in this Review or on the closing of any business transaction. Sincerely, Patricia Rees Tama Bucher Biologist 11 NEPA Specialist Direct#(717) 991-9541 Attachments: Figures & Drawings Photographs Species Review ❑ocumentation Supporting Documentation Qualifications FIGURES & DRAWINGS � t 4 .r s t i f 1 1 % l � 1 1 t f r ps alot1 1 y f t ! it % � r A 7 n w1 fir{ .�N W l� 6 'J W G V Sources:Esri, HERE,Garmin, USGS,Intermap,INCREMENT P, NRCan,Esri Japan,METI,Esri China(Hong Kong),Esri Korea,Esd(Thailand), NGCC,(c) OpenStreetMap contributors,and the GIS User Community Legend Project Site f Site Radius at 250', 500', 1000' and mile Date:1119/2023 Figure 1 : Site Location Map N 15965419 AT&T HIL03306 11-3049 VOLCANO ROAD VOLCANO, HI 96785 EBI Consulting PN:6123000461 r environmental J engineering J design R A S IK r em Vn f Y t 0 ! \ ! 1 r ♦ R w w SS ■ '� j ISM ! { 0 f f STREET � � � . • . 33 _ Cop, ri ht•c 13 N.abona TtIa:NffidISociety.i-cubed Legend r Project Site Site Radius at 250', 500', 1000' and '/2 mile % ., Date:111912023 Figure 2 - Topographic Map 15965419 AT&T HIL03306 - 11-3049 VOLCANO ROAD VOLCANO, HI 96785 EBI Consulting PN:6123000461 � environmental I engineering I design W S �FJ { J LO li tJ 0 � 0, 0 _ u7 CO 0 %0 J_ Z eat � _ CD CIO © CO © �_ co LU LLl. . �p . . < LL1 LU LL! 0 � � in 2 L C < 31 W � = as & uj i cs,.occ 15 uj 3 d � �� c•5 b�ac [�`Rn�:c`b3 GE3}7��3=.:3i yE 7 f�3� Q �3 a.� W U7 4 a J000 W Z ,0 Q pe ,_a2Lr's � � x - o ? ° oo -oi ZN o Wy 4 Q � d ` � z � J p Q r > a W ° xW a0cn W 7s Q 0- W wr W W w 4 � aka 94 P iQ LL NOSVo g8 p er !W, i O Zuj r- eo a 4a d qv z 4P' '¢ C8 0 o= .cc ava- 5 7' k; a27t 12tL��r _ c a;28Q¢isz 2; pl n a A"? ` r �ww��r Cw J¢�E,�Vi�V��—y'$5���,+��.`s 7c��lZ �C°�+t`6�'Siiaac�CN��R•d'e w a«aaa aed mom m� OGG uo +. r,fi�� _��5 w.w w•�w wwdSw,�:` LL i u ^ 6 2 � �_ 5 `$ 4 $ ,� � u ;] Y • ;� ?; � '9�` i � `� '�' 'ram S L cl cL i lz t zz S to e PL fn a a4 � a S � y, � +� � r ❑ i a � L 55 � 6�• `; dry w �+ may' � ` H a [ry Cy Z t �� 2 Ix � E _ a _ y i���o�t��c� r ya _ OR s g CD IN b f i Qi 5 -08 NEI z 0 F kx off _ c ir ry M r C 0LL 04 _ Q [� o (12 D dJ �u� e - LU r Z • Paz ho N � cry p W _ s ti w �w I 6U LU - �2 _ - o C� 10 ug d j • ii ��y JS S �' � 3 � � - ¢ �O - 6A Y Y' y S u 4 Q ~w wLj n v W 4A ki b� ff � �l t ---� f •� ,y y 4 of f \ t f ♦i 4t y z J (L LU ti C,4 K. 'tit �j�- � •�`'� + � ��� s rg Zk 5 lank t % w r f~ &O F �t 12.tt �✓J 'l ��uj uj LLJ NJ �t. � � t• � ,� � \ \ ■ r \t t \ 1 \ t g ,t ,t ■ e a - w ui w oc �—~ f z LU x u, 1 f. TOO all CL 10 i a c 3� 22 zz �+ b r I NN N a r, nl_ I o I' a*E __a__.,. n.t cU� G SZ Z a L z i© H; 7 x _ w Q cn w � o } 10 a 9¢ rV 4'w .• d b6 _ - - - ------------------ MINm� W cd Zr� m H Q uj N a -� h6 il9 xxq .— -- — ---- — — g s3� e. ems— = 6!'.i L i,• 9�5, a ta 2r J w bxgyr 2 (11 ; 1y r � C' 8.. oe�Cjt� / r 0 r f r `, Gf�� Ra ` F '�Ov t t t kr ` , �y f i f 0 D 1 r r G © t r .. P gyp' Nk It a EBI GIS..Source:U.S. Census Bureau Legend -See associated map legend for additional source nformation. Project Site ' ~ r Site Radiusat 250', 500', 1000', 1/2, 1/4 & 1 mile - Date. 218:12023 Land Resources Map 15965419 AT&T HIL03306 .� 11-3049 VOLCANO ROAD VOLCANO, HAWAII 96785 PN:61MoO0461 AEBI Consulting ►� . environmental J J eerin I design engineering n J Land Resources Legend Scenic Parkways, Rivers & Trails _ National Scenic Parkway _ ,) NY - Scenic Landmark Area - _ National Park Service Trail I Appalachian Trail NY - Statewide Area of Scenic Significance AZ- BLM Historic Trail National Wild, Scenic River CT- DEP Trail i State Wild„ Scenic, Protected River MT- Lewis & Clark Trail NY- Trails PA- Scenic River Sources:National Park Service http://wwN.nps.govlgisldata_lnfol:Bureau of land management http:I/wwwbim.govlwolstlen.html: CT DEP hitp://www.ct.govldeep/cwp/view.asp?a=2688&q=323342&deepNav_GID=17p7%2D:NY GIS Clearinghouse h1tp.Ilgis.ny.govl: National W&S Rivers http://www.tivers.gov/fivei-s/Mapping-gis.php:Montana GIS http:lJnris.ml.govlgis:State rivers data from state government and protection agencies. State Conservation, Lands & Wildlife Areas CT- DEP Property'i � y Sources:CT❑EPhtdp:Ilwww.et.govldeeplcwp/vfew.asp., a=2&98&q=3233Q2&deepNavGID=1707%2g Co Wildlife Spec hftp:Ilndis.nref colostate,edu1f`p/ftp_response.asp; CO - Public Access Wildlife Area Florida Fish arid Wildlife www.MyFWC.conr;Montana GIS http://nffs.ml.govlgis;NH GRANIT FL- Wildlife ManagementArea lip:llwww.granit.unti.edu/data/dovinloadfreedata;MEGlShttp:l/megis.maina.govlcatalog;TNGIS http:lhvww.state.tn.us/aavironmentlparkslgisfdatal:TX GIS http://www.glo.state.tx.uslnrildatalindex.iihrrl MT- National Wildlife Refuge NYGfS Clearinghouse lrttp://gis.nygovl NH - WMNF Management Area US FWS NWI Estuarine and Marine Deepwater ME - Conservation Land Wetland Type TN- Wildlife Resource Land Estuarine and Marine Wetland TX- State Park or Wildlife Mgt Area Freshwater Emergent Wetland TX- Audubon Sanctuary Freshwater Forested/Shrub Wetland CT- DEP Municipal and Open Space Freshwater Pond NH - Conservation Land Lake NY- DEC State Lands Other NY- Agricultural District Riverine State Endangered Threatened & Protected Species ® AZ- Areas of Environmental Concern MA- NHESP Priority Habitats of Rare Species CA- Spotted Owl Territory FL- Conservation Species MA- NHESP Certified Vernal Pool CA- NDDB T & E Species ME- Vernal Pool CT- NDDB Area Feature NY - Important Bird Area CT- DEP Critical Habitat ° TX - Ecologically Unique Rivers Streams Sources:AZ BLM Page http://www.blm.govlaz/stlenlprog/mapslgis Fles.htmf CNDDB MA- NHESP Estimated Habitats of Rare Wildlife htip—/Imv..dfgcagov/biogeodatalcnddbl:CT DEP http:Ilwwwct.govldeeplcwplviewasp? 17=2E98&q=3233428deepNav_GID=1767%20:MAGIS http:llwww,mass.gov/rngisllayfist.htrn TX- Protected Species TX GIS http:lAwvvnv.glo.state.tx,uslori/datalindex.html,Florida Fish and Wildlife wwwMyFWC.eom. NY GIS Clearinghouse http:/lgis.ny.govl Federal & National Coverage data Layers USFWS Critical Habitat USFWS Critical Habitat Area Sources:National Park Service http://www.nps.govlgi sldata_i nfel; National Park Service Land USFWShttp.11crithab.Mrs.gov/; National Park Service http:I1scienca.nah4re.nps.gov Inrdata✓errdex.cfnl. National Wildlife Area or Refuge The National Map hHp.11nationalmap.gov/; USFW WIdlife Refuge System http:llwww.fvvs.gov/OL,ftiges/' BIA Indian Lands Wolderness.not http.//www wilderness.nct/: Federally Owned Land National Wilderness Areas GBI Consulting National Park Service Site environmental I engineering I due diligence PHOTOGRAPHS ■ AfY 1� ' an 1. Project Site looking north c 4 2. Project Site looking east(also showing part of access and utility route) 3. Project Site looking south 4. Project Site looking west 5. Proposed access and utility route looking north along existing paved area toward utility termination point(utility pole in background) M •• r r - - 6. Proposed access and utility route looking southwest toward Project Site SPECIES REVIEW DOCUMENTATION r r ee74 i niuI-W a- 4 United States Department of the Interior l FISH AND WILDLIFE SERVICE ' Pacific Islands Fish And Wildlife Office 300 Ala Moana Boulevard,Box 50088 Honolulu, Hf 96850-5000 Phone: (808)792-9400 Fax: (808)792-9580 In Reply Refer To: February 08, 2023 Project Code: 2023-0043312 Project Name: AT&T HIL03306 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To'Whom It May Concern: The enclosed species list identifies threatened and endangered species, as well as designated critical habitat that may occur within the boundary of your proposed project and that may be affected by project related actions.The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act(Act) of 1973, as amended(16 U.S.C. 1531 et seq.). Please contact the Service's Pacific Islands Fish and Wildlife Office (PIFWO)at 808-792-9400 if you have any questions regarding your IPaC species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations(50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may adversely affect threatened and endangered species and/or designated critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list.This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC wehsite at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological 02108/2023 2 Evaluation, similar to a Biological Assessment, be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment or Biological Evaluation are described at 50 CFR 402.12. Due to the significant number of listed species found on each island within PIFWO's regulatory jurisdiction, and the difficulty in accurately mapping ranges for species that we have limited information about, your species list may include more species than if you obtained the list directly from a Service biologist. We recommend you use the species links in 1PaC to view the life history, habitat descriptions, and recommended avoidance and minimization measures to assist with your initial determination of whether the species or its habitat may occur within your project area. If appropriate habitat is present for a listed species, we recommend surveys be conducted to determine whether the species is also present. If no surveys are conducted, we err on the side of the species, by regulation, and assume the habitat is occupied. Updated avoidance and minimization measures for plants and animals, best management practices for work in or near aquatic environments, and invasive species biosecurity protocols can be found on the PIFWC website at: https://www.fws.gov/office/pacific-islands-fish-and-wildlife/library. If a Federal agency determines, based on the Biological Assessment or Biological Evaluation, that a listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www-f�vs.gov/endangered/esa-libranL7/index. Non-federal entities can also use the 1PaC generated species list to develop Habitat Conservation Plans (HCP) in accordance with section 10(a)(1)(B) of the Act.We recommend HCP applicants coordinate with the Service early during the HCP development process. For additional information on HCPs, the Habitat Conservation Planning handbook can be found at https:// www.fws.gov/sites/default/files/documents/habitat-conservation-planning-handbook-entire.pdf. Please be aware that wind energy projects should follow the Service's wind energy guidelines (http://www.fws.gov/windenergy) for minimizing impacts to migratory birds. Listed birds and the Hawaiian hoary bat may also be affected by wind energy development and we recommend development of a Habitat Conservation Plan for those species, as described above. Guidance for minimizing impacts to migratory birds for projects including communications towers can be found at: ■ http://www.fws.govr'migratorybirds/CurrentBirdissues/Hazards/towers/towers ■ http://www.towerkill.com ■ http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/comtow We appreciate your concern for threatened and endangered species.The Service encourages Federal agencies to include conservation actions that benefit threatened and endangered species into their project planning to further the purposes of the Act in accordance with section 7(a)(1). Please include the Consultation Tracking Number associated with your 1PaC species list in any 0210812023' wi request for consultation or correspondence about your project that you submit to our office. Please feel free to contact us at PIFWO_admin@fws.gov or 808-792-9400 if you need more current information or assistance regarding the potential impacts to federally listed species and federally designated critical habitat. Attachment(s): Official Species List Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Pacific Islands Fish And Wildlife Office 300 Ala Moana Boulevard, Box 50088 Honolulu, HI 96850-5000 (808) 792-9400 02/08/2023 2 Project Summary Project Code: 2023-0043312 Project Name: AT&T HIL03306 Project Type: Communication Tower New Construction Project Description: Construction of a 150-foot monopine tower with support equipment within a 36-foot by 40-foot lease area. Overhead power lines will extend generally northeast to existing sources. Existing access roads will be used. Project Location: Approximate location of the project can be viewed in Google Maps: https:/I w ww.google.com/maps/@ 19.453346099999997,-155.17588232341149,14z 0 00 Counties: Hawaii County, Hawaii 0-2ffl&2023 Endangered Species Act Species There is a total of 25 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, as USFW S does not have the authority to spear on behalf of NQAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME ST.ATi_.5 Hawaiian Hoary Bat.Lasiurus cinereus semotus Endangered No critical habitat has been designated for this species. Species profile: https:/'ecos.fws.gov/ecp/speciesi770 General project design guidelines: hops://ipac.ecosphere fws.gov/prroiect/SZBVCDB7ZBC7NEI.JXRMW2A7FZM/documen si generated/6477.pdf 02/08)2023 4 Birds NAME S TAT I.4 Band-rumped Storm-petrel Oceanodroma castro Endangered Population:USA(HI) No critical habitat has been designated for this species. Species profile:httns:l/ecos.fws.Sov/ecp/species/1226 General project design guidelines: hops://i a�c ecasphere.fws.gov/projecU!jZBVC❑l37ZBC7NElJXlZMW2A7F2Mldocumerrtsi generated/6939.pdf Hawaii Akepa Loxops coccineus Endangered No critical habitat has been designated for this species. Species profile:bWsJIecostws.govlecplspeetes15714 General project design guidelines: https://ipar.ecosphcre.fws.govlprojectl5 SVCOB7ZBC7NEIJXRM1N21L71 ZM/docu ensJ unerated/M&pdf Hawaiian(=koloa)puck Anas wyvilliano Endangered No critical habitat has been designated for this species. Species profile: https:l/ecos.fws.gov/ecp/species/7712 General project design guidelines: hnps://ipac.ecosphere.fws.gov/project/SZB V CDB3/ZBC7N LIJX RM W 2A 7FZM/documents,, generated/6934.pdf Hawaiian Coot Fulica americana alai Endangered No critical habitat has been designated for this species. Species profile:hht pa2/ecgs.fws.govlecp/species/7233 General project design guidelines: littps.//ipac.ecosphere.fws.gov/project/SZBVC OB7Z,BC7NEIJXRMW2A7FZM/documents/ generated/69:3A,pdf Hawaiian Goose Branta (=.Nesochen)sandvicensis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/speciesi 1627 General project design guidelines: hitps://ipac.ecosphere.fws.gov/project/SZBVCDB7ZBC7NEiJXRMW2A7FZM/documents./ generated/6925.9df Hawaiian Petrel Pterodroma sandwichensis Endangered No critical habitat has been designated for this species. Species profile:httns:llecos.fwsov/ecplsnecies/6746 General project design guidelines: bM—.1/ipac.ec"s here.fws.gov/project/SZBVCDB7ZBc7NFIJXRMW2A7FZM]documents/ generated/6939.pdf Hawaiian Stilt Himantopus mexicanus knudseni Endangered No critical habitat has been designated for this species, Species profile: https:l/ecos,fws,goviecplspecies12082 General project design guidelines: https://ipac.ecaspherefws.gr-)y/project/SZBVCD137Z3-C7NEIJXRMW 2A7FZU/documents/ generated/6934.pdf NAME STATL,5 Newell's Townsend's Shearwater Pu f finus auricularis newelIi Threatened No critical habitat has been designated for this species. Species profile;hops:flecos,fws,gaviecp/species12048 General project design guidelines: hops:/// an c.ecosphere.fws,gov/pcQject/SZBVCDB7ZBC7NEIIXRMW2A7FZM/documents/ generated/6939.pdf ODOS12023 6 Flowering Plants STAT L.s `aku'aku Cyanea platyphylla Endangered There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile: https;llecas.fws.goviecp/species/2041 General project design guidelines- https:/f i pac.eco sph e rem_ _fw s.eoy/p ro j ect/5 Z 6 V CI7B 7ZB[;7NE i J X RM W 2A 7FZ M/docum e n tsi g neratted/7051.pdf "aku Cyanea tritomantha Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecplspeciesi7678 General project design guidelines: https://ipac.ecasphvre.fws.gpylp[ooject/SZB VCL$7ZBC7NEIJXRM W2117FZMIdocumettt5/ mnerated/7080.ntlf "ohe Joinvillea ascenders ascenders Endangered No critical habitat has been designated for this species. Species profile:https)/ecos.fws.gov ecp/species/2412 General project design guidelines: https://ipac.ecosphere.fws.gov/pro)ect/SZBV CDB7ZBC7lV L•`IJXRMW 2A7FZM/docume ius, generated/7051.pdf e Alani Melicope zahlbruckneri Endangered There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https:Pecos.fws. yylecplspecieesl7T$ General project design guidelines: https://ipac.ecospliere.fws.,gov/pMiect/SZBVC:DB7ZBC7 EI.IXRMW2A7F M/docunienLsi generated/7060,pelf Halwale Cyrtandra giffardii Endangered There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https:/Iecos.fws.poviecp/species;1460 General project design guidelines: https:/ipac.ecosphere.fws.gov/pi-oject/SZB VCDB7ZBC7NElJXRMW2A7FZ.M/documents/ generated'70GO.pdf Haiwale Cyrtandra wagneri Endangered No critical habitat has been designated for this species. Species profile:https;//ecos.fws.gov/ecp/species;949 Holei Ochrosia haleakalae Endangered No critical habitat has been designated for this species. Species profile:https:/'ecos.fws.goviecp/speciesi884 General project design guidelines: https:/lloac.ecos,phere.fws.gcjv/pmiectiSZ,BVCDB7ZBC7NEIJXRMW2A7F'Z documents/ genetated/7051.udf Holei Ochrosio kilaueaensis Endangered No critical habitat has been designated for this species. Species profile:https:/Iecos,fws.gov/ecp/speciesi5248 General project design guidelines: C DOS126Z3 NAME STATL,S htt s://i a .ec here.fws. o / ro'ectl ZBVCDB7ZBC7NEIJXRMW2A7FZM/d cuments/ generated/7060.pdf Nanu Gardenia remyi Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp,/species/5835 General project design guidelines: httns://ipac.eco sphere.fws.gov/proj ec US ZB V CDB 7ZBC 7NE IJXRM W 2A7FZM/documents/ generated/7051.pdf Phyllostegia floribunda Endangered No critical habitat has been designated For this species. Species profile:https://ecos.fws.grv/ec /species/5986 General project design guidelines: httns://ipac.ecosphere.fws.gov/project/SZB VCDB7ZBC7NEIJXRMW2A7FZM/documents/ generated/7664 pdf Phyllostegia stachyoides Endangered No critical habitat has been designated for this species. Species profile: httnAecos:fws,goy ec Ispecies14922 Schiedea diffusa ssp. macraei Endangered No critical habitat has been designated for this species. Species profile:https:l/ecos.fws. og v/ecph ecies/9�95 Schiedea diffusa subsp. diffusa Endangered No critical habitat has been designated for this species. Species profile: https:/'ecos.fws. oviecp/species/9616 02108/2023 8 Ferns and Allies NANIi STATUS Hohiu Dryopteris glabra var. pusilla Endangered No critical habitat has been designated for this species. Species profile:https:Necos.fws.gUV%ecplsoeciesl$5$3 General project design guidelines: https:Nipac.ecosphere.fws.goofprojectlSZBVCI]B7ZBC7NEIJXPMW A7FZMldocurnentsi generated170 q-.pdf Microlepia strigosa var. mauiensis Endangered No critical habitat has been designated for this species. Species profile: htips:/Iecos.fws.gov/ecp/speciesi4737 General project design guidelines: https;I/Jpac.ecosphere.fws.gnvlprtajL-ct/SZB VCL7B7ZBC7NEIJXRMW2A7FZMIdocumetttsr ecneratedl7051.pdf Pendant Kihi Fern Adenophorus periens Endangered There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:htips:llecos.fws.goviecp/species/1916 General project design guidelines: htt s:lli ac.ecos here.fws. ovl ro'ect/SZBVCDB7ZBC7NCIJXRMW2A7FZM/documents/ generated,'7051.pdf Critical habitats t- EJ} i 1L HABITAFS WITHIN YOUR PROJI C"/-AREA UNDER 1-1115 OFFIC=.E'S IUR11,1 ,I :1 v IPaC User Contact Information Agency: EBI Consulting Name: Patricia Rees- Address: 21 B Street City: Burlington State: MA Zip: 01803 Email prees@ebiconsulting.com Phone: 4802835201 Lead Agency Contact Information Lead Agency: Federal Communications Commission w C6 L aj ffJ 49. aj L � CL ,.LL Q) AtCU 71 En . a� mull LLr @ Rom c LPL g. m (C7 D cu a] cu {� U � � N W L L o Fa C (Q N O N V 0 W o L 7 Q C C _ 46J 17 m O G [6 wl L m @ a L L v m 3 3 M m = LL v cLr a L o i CTL Cd m G L O = C 2. L� _ a @ a Q v a c c@ E N L S . I R ■ O I ' N M cfl V U. U. LL a ¢ c ZZ 9113.121, 12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawai i " Division of Forestry and Wildlife Home DOFAW Administrative Rules >r Threatened&Endangered Plants of Hawaii THREATENED & ENDANGERED PLANTS OF HAWAII Hawaii State statutes link the threatened and endangered (T&E) plant species listed with the State to the Federal list of (T&E) plant species. E = endangered T = threatened P = formally proposed as E or T C = candidate for listing R = recommended for listing (L) as E or T, or for candidacy (C) SOC = species of concern Status [Listing Scientific Name Common Name Priority] Abutilon eremitopetalum No common name E Abutilon menziesii Ko'oloa'ula E Abutilon sandwicense No common name E Acaena exigua Liliwai E Achyranthes mutica No common name E Achyranthes splendens var. rotundata No common name E Adenophorus periens No common name E Alectryon macrococcus var, auwahiensis Mahoe E Alectryon macrococcus var. macrococcus Mahoe E Alsinidendron lychnoides Kuawawaenohu E Alsinidendron obovatum No common name E Alsinidendron trinerve No common name E littps://dinr.hawa[i.gov/dofawlruiesfendangered-plants/ 1l25 9113r21.12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawai i Alsinidendron viscosum No common name E Amaranthus brownii No common name E Argyroxiphium kauense `Ahinahina, Ka'u E silversword Argyroxiphium sandwicense ssp. 'Ahinahina, Haleakala T macrocephalum silversword Argyroxiphium sandwicense ssp. 'Ahinahina, Mauna E sandwicense Kea silversword Asplenium fragile var. insulare No common name E Bidens micrantha ssp. kalealaha Ko'oko'olau E Bidens wiebkei Ko`oko`olau E Bonamia menziesii No common name E Brighamia insignis `Qiulu E Brighamia rockii Pua 'ala E Caesalpi'nia kavaiensis Uhiuhi E Canavalia molokaiensis 'Awikiwiki E Cenchrus agrin7oniodes var. Kamanomano E agrimonicides Cenchrus agrimonioides var. laysanensis Kamanomano E Centaurium sebaeoides 'Awiwi E Chamaesyce celastroides var, kaenana 'Akoko E Chamaesyce deppeana 'Akoko E Chamaesyce halemanui `Akoko E Chamaesyce herbstii 'Akoko E Chamaesyce kuwaleana `Akoko E Chamaesyce rockii 'Akoko E Chamaesyce skottsbergii var. skottsbergii 'Akoko E https:I'dl nr.hawaii.gDv/dofawina les/enda ngered-plants/ 2i25 9,113i21, 12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawai't Clermontia drepanomorpha 'Oha wai E Clermontia lindseyana 'Oha wai E Clermontia oblongifolia ssp. brevipes 'Oha wai E Clermontia oblongifolia ssp. mauiensis 'Oha wai E Clermontia peleana ssp. peleana 'Oha wai E Clermontia peleana ssp. singulifolia 'Oha wai E Clermontia pyrulana 'Oha wai E Clermontia samuelii ssp. hanaensis 'Oha wai E Clermontia samuelf i ssp. samuellii 'Oha wai E Colubrina oppositifolia Kauila E Ctenitis squamigera Pauoa E Cyanea acuminate Haha E Cyanea asarifolia Haha E Cyanea copelandii ssp. copelandii Haha E Cyanea copelandii ssp. haleakalaensis Haha E Cyanea crispy (listed as Rollandia crispa) Haha E Cyanea dunbarii Haha E Cyanea glabra Haha E Cyanea grimesiana ssp. grimesiana Haha E Cyanea grimesiana ssp. obatae Haha E Cyanea hamatiflora ssp. carisonii Haha E Cyanea hamatiflora ssp. hamatiflora Haha E Cyanea humboldtiana Haha E Cyanea koolauensis Haha E Cyanea lobata Haha E Cyanea longiflora Haha E https://dinr.hawai i.govldofaw/r u les/endangered-,plan ts/ 3125 9/13/21,12:12 PM Division of Forestry and Wildlife Threatened&Endangered Plants of Hawaii Cyanea macrostegia ssp. gibsonii Haha E Cyanea mannii Haha E Cyanea mceldowneyi Haha E Cyanea pinnatifida Haha E Cyanea platyphylla Haha E Cyanea procera Haha E Cyanea recta Haha T Cyanea remyi Haha E Cyanea shipmanii Haha E Cyanea st.johnii Haha E Cyanea sfictophylla Haha E Cyanea superba ssp. regina Haha E Cyanea superba ssp. superba Haha E Cyanea fruncata Haha E Cyanea undulata Haha E Cyperus trachysanthas Pu`uka'a E Cyrtandra crenata Ha`iwale E Cyrtandra cyaneoides Mapele E Cyrtandra dentata Ha`iwale E Cyrtandra giffardii Ha'iwale E Cyrtandra limahuliensis Ha'iwale T Cyrtandra munroi Ha'iwale E Cyrtandra polyantha Ha`iwale E Cyrtandra subumbellata Ha`iwale E Cyrtandra fintinnabula Ha`iwale E Cyrtandra viridiflora Ha`iwale E https://dinr.hawaii.gov/dofaw/rules/endangered-plants/ 4125 9113/21,12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawaii Delissea rhytidosperma No common name E Delissea rivularis No common name E Delissea subcordata No common name E Delissea undulate ssp, kauaiensis No common name E Delissea undulate ssp. niihauensis No common name E Delissea undulata ssp. unduiata No common name E Diellia erecta No common name E Diellia falcate No common name E Diellia pallida (proposed as D. laciniata) No common name E Diellia unisora No common name E Diplazium molokaiense No common name E Dubautia herbstobatae Na'ena'e E Dubautia latifolia Kahalapehu E Dubautia pauciflorula Na'ena'e E Dubautia plantaginea ssp. hurnilis Na`ena`e E Eragrostis fosbergii No common name E Eugenia koolauensis Nioi E Euphorbia haeleeleana 'Akoko E Exocarpos luteolus Heau E Flueggea neowawraea Mehamehame E Gahnia lanaiensis No common name E Gardenia brighamh Nanu E Gardenia mannii Nanu E Geranium arboreun? Nohoanu E Geranium multiflorum Nohoanu E https:t/dl nr.hawai i,govldofaw/ruleslenda ngered-,plants! 5125 9/1W21, 12:12 PM Division of Fares"and Wildlife i Threatened&Endangered Plants of Hawaii Gouania hillebrandii (CH) No common name E Gouania meyenii No common name E Gouania vitifolia No common name E Haplostachys haplostachya No common name E Hedyofis cookiana 'Awiwi E Hedyofis coriacee Kio'ele E Hedyofis degeneri var. coprosmifolia No common name E Hedyotis degeneri var. degeneri No common name E Hedyofis mannii No common name E Hedyofis parvula No common name E Hedyotis schlechtendahliana var. remyi Kopa E Hedyofis st.johnii No common name E Hesperomannia arborescens No common name E Hesperomannia arbuscula No common name E Hesperomannia lydgatei No common name E Hibiscadelphus distans Hau kuahiwi E Hibiscadelphus giffardianus Hau kuahiwi E Hibiscadelphus hualalaiensis Hau kuahiwi E Hibiscadelphus woodii Hau kuahiwi E Hibiscus arnotfiantrs ssp. immaculatus Koki`o ke'oke'o E Hibiscus brackenridgei ssp. brackenridgei Ma'o hau hele E Hibiscus brackenridgei ssp. mokuleianus Ma'o hau hele E Hibiscus clayi Koki`o 'ula`ula; aloalo E Hibiscus waimeae ssp. hannerae Koki`o ke'oke'o E lschaemum byrone Hilo ischaemum E lsodendrion hosakae Aupaka E https:l/dlnr,hawaii.gov/dofawfruiesfendangered-plants/ 6125 9/13/21.12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawaii fsodendrion laurifolium Aupaka E lsodendrion longifolium Aupaka T lsodendrion pyrifolium Aupaka; wahine noho E kula Kanaloa kahoolawensis Kohe malama E malama o Kanaloa Kokia cookei Koki'o E Kokia drynarioides (CH) Hau hele 'ula; koki`o E Kokia kauaiensis Koki`o E Labordia cyrtandrae Kamakahala E Labordia lydgatei Kamakahala E Labordia tinifolia var. lanaiensis Kamakahala E Labordia tinifolia var. wahiawaensis Kamakahala E Labordia triflora Kamakahala E Lepidium arbuscula 'Ana u na u E Lipochaeta faudei Nehe E Lipochaeta kamolensis Nehe E Lipochaeta lobata var, leptophylla Nehe E Lipochaeta micrantha var. exigua Nehe E Lipochaeta micrantha var. micrantha Nehe E Lipochaeta tenuifolia Nehe E Lipochaeta venosa Nehe E Li'pochaeta waimeaensis Nehe E Lobelia gaudichaudii ssp. koolauensis No common name E Lobelia monostachya No common name E Lobelia niihauensis No common name E https://dlnr.hawaii.gDv/dofaw/rules/endangered-,plants/ 7/25 9,113i21, 12:12 PM Division of Fares"and Wildlife I Threatened&Endangered Plants of Hawaii Lobelia oahuensis No common name E Lysimachia filifolia No common name E Lysimachia lydgatei No common name E Lysimachia maxima (= L. temifolia) No common name E Mariscus faurjei No common name E Mariscus pennatiformis ssp. bryanii No common name E Mariscus pennatiformis ssp. No common name E pennatiformis Marsilea villosa `Ihi`ihi E Melicope adscendens Alani E Melicope balloui Alani E Melicope haupuensis Alani E Melicope knudsenii Alani E Meficope lydgatei Alani E Melicope mucronulata Alani E Melicope munroi Alani E Melicope ovalis Alani E Melicope pallida Alani E Melicope quadrangularis Alani E Melicope reflexa Alani E Melicope saint johnii Alani E Meficope zahlbruckneri Alani E Munroidendron racemosum No common name E Myrsine fuddii Kolea E Myrsine finearifolia Kolea T Neraudia angulata var. angulata No common name E https://dinr,hawaii.gDv/dofaw,lru les/endangered-pf ants/ 8125 9,113i21, 12:12 PM Division of Fares"and Wildlife I Threatened&Enda igered Plants of Hawaii Neraudia angulata var. dentata No common name E Neraudia ovata No common name E Neraudia sericea No common name E Nothocestrum breviflorum `Aiea E Nothocestrum peltatum "Aiea E Nototrichium humile Kulu`i E Qchrosia kilaueaensis Holei E Panicum fauriei var. carteri (CH) Carter's panic grass E Panicum niihauense No common name E Peucedanum sandwicense Makou T Phfegmariurus mannii (listed as Huperzia Wawae'iole E mannii) Phlegmariurus nutans (listed as Wawae`iole E Lycopodium nutans) Phyllostegia glabra var. lanaiensis Ulihi E Phyllostegia hirsuta No common name E Phyllostegia kaalaensis No common name E Phyllostegia knudsenii No common name E Phyllostegia mannii No common name E Phyllostegia mollis No common name E Phyllostegia parviflora var. glabriuscula No common name E Phylostegia parviflora var. lydgatei No common name E Phyllostegia parviflora var. parviflora No common name E Phyllostegia racemosa Kiponapona E Phyllostegia velutina No common name E Phyllostegia waimeae No common name E Phyllostegia warshaueri No common name E https:l'dlnr.hawaii.gDWdofawfruleslendan gered-plants! 9/25 9/13/21,12:12 PM Division of Forestry and Wildlife i Threatened&Endangered Plants of Hawai i Phyllostegia wawrana No common name E Plantago hawaiensis Laukahi kuahiwi E Plantago princeps var. anomaly Ale E Plantago princeps var, laxiflora Ale E Plantago princeps var. longibracteata Ale E Plantago princeps var. princeps Ale E Platanthera holochila No common name E Pleomele hawaiiensis Hala pepe E Poa mannii No common name E Poa sandvicensis No common name E Poa siphonoglossa No common name E Portulaca sclerocarpa Po'e E Pritchardia affinis Loulu E Pritchardia aylmer-robinsonii Wahane; Loulu E Pritchardia kaalae Loulu E Pritchardia munroi Loulu E Pritchardia napaliensis Loulu E Pritchardia remota Loulu E Pritchardia schattaueri Loulu E Pritchardia viscosa Loulu E Pteralyxia kauaiensis Kaulu E Pteris lidgatei No common name E Remya kauaiensis No common name E Rernya mauiensis No common name E Remya montgomeryi No common name E https://dinr.hawaii.gDv/dofaw/rules/endangered-,plants/ 10125 9/13/21,12:12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawaii Sanicula mariversa No common name E Sanicula purpurea No common name E Santalum freycinetianum var. lanaiense `lliahi; sandalwood E Scaevola coriacea Dwarf naupaika E Schiedea adarnantis No common name E Schiedea apokremnos No common name E Schiedea haleakalensis No common name E Schiedea helleri No common name E Schiedea hookeri No common name E Schiedea kaalae No common name E Schiedea kauaiensis No common name E Schiedea kealiae No common name E Schiedea lydgatei No common name E Schiedea membranacea No common name E Schiedea nuttallii No common name E Schiedea sarmentosa No common name E Schiedea spergulina var. leiopoda No common name E Schiedea spergulina var. spergulina No common name T Schiedea stellaricides Laulihilihi E Schiedea verticilleta No common name E Sesbania tomentosa 'Ohai E Sicyos alba 'Anunu E Silel7e alexandri No common name E Silene hawaiiensis No common name T Silene lanceolata No common name E Silene perlmanii No common name E https:l'dl nr.hawai i,gov/dofarovir uIes/enda ngered-plants/ 11/25 9113/21, 12,12 PM Division of Forestry and Wildlife I Threatened&Endangered Plants of Hawaii Solanum incompletum Popolo ku mai E Solanum sandwicense Popolo `aiakeakua E Spermolepis hawaiiensis No common name E Stenogyne angustifolia No common name E Stenogyne bifida No common name E Stenogyne campanulata No common name E Stenogyne kanehoana No common name E Tetramolopium arenarium ssp. arenarium No common name E Tetramolopium arenarium ssp. laxum No common name E Tetramolopium capillare No common name E Tetramolopium fififorme var. filiforme No common name E Tetramolopium fififorme var. polyphyllum No common name E Tetramolopium lepidotum ssp. lepidotum No common name E Tetramolopium remyi No common name E Tetramolopium rockii var. calcisabulorum No common name T Tetramolopium rockii var. rockii No common name T Tetraplasandra gymnocarpa `Ohe`ohe E Trematolobefia singularis No common name E Urera kaalae Opuhe E Vicia menziesii Hawaiian vetch E Vigna o-wahuensis No common name E Viola chamissoniana ssp. chamissoniana 'olopu; pamakani E Viola helenae No common name E Viola kauaensis var. wahiawaensis Nani wai`aie`ale E Viola lanaiensis No common name E Viola oahuensis No common name E https:t/dlnr.hawaii.gov/dotaw/rules/endangered-plants/ 12125 9113/21,12:12 PM Division of Forestry and Wildlife i Threatened&Endangered Plants of Hawaii Wilkesia hobdyi Mau E Xylosma crenatum No common name E Zanthoxylum dipetalum var. tomentosum A`e E Zanthoxylum hawaiiense A`e E PROPOSED PLANT TAXA ( 0 taxa ) CANDIDATE PLANTS (92 taxa) Rstelia waialealae Pa`iniu C(2) Bidens amplectens Ko'okoblau C(5) Bidens campylotheca ssp. pentamera Ko'oko`olau C(6) Bidens campylotheca ssp, waihoiensis Ko'oko'olau C(3) Bidens conjuncta Ko'oko`olau C(5) Bidens micrantha ssp. ctenophylla Ko'oko'olau C(6) Calamagrostis expansa No common name C(5) Calamagrostis hiliebrandii No common name C(5) Canavalia napaliensis 'Awikiwiki C(5) Canavalia pubescens `Awikiwiki C(2) Chamaesyce eleanoriae 'Akoko C(5) Chamaesyce remyi var. kauaiensis 'Akoko C(6) Chamaesyce remyi var. remyi 'Akoko C(6) Charpentiera densiflora Papala C(5) Cyanea asplenifolia Haha C(2) Cyanea eleeleensis Haha C(2) https:11dinr.hawaii.gDv/dofaw/rules/endangered-plants/ 13l25 A 4 x x x x xx x x x 1 x x x x xx x x x x x x x x x x xx x r� x x Cl. x x x If xx x x xx xxxx x x m p � c E °3 W c Wk W yp ❑ �_ 21 14 �exoaa .-. 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They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers,foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation,waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses.The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wpsi portal/nres/main/soils/health/)and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=arcs) or your MRCS State Soil Scientist(http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? ci&nres142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields.A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations,and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture(USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status,familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.)should contact USDA's TARGET Center at(202)720-2600(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800)795-3272 (voice)or(202)720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface....................................................................................................................2 SailMap..................................................................................................................5 SailMap................................................................................................................6 Legend..................................................................................................................7 MapUnit Legend...... .... .......................................................................................8 MapUnit Descriptions..........................................................................................8 Island of Hawaii Area, Hawaii........................................................................,10 651—Keei slightly decomposed plant material, 3 to 10 percent slopes......10 References.................................................. .........................................................12 4 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each reap unit. and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. Custom Soil Resource Report M Soil Map n 271W ZT7470 271500 271530 znwo 271830 271520 2716M 19'27 IF N 19,27 16,N c� N P N [�V M N i it �• li n I• - � lick at tfii•- s �I�. 19°27 T N ey 19°27?"N 271440 271470 27150D 271530 T11566 271590 2716-20 Map sde:1:1,380 f prir ted on A portrat(a 5'x 11°)sheet Mes N 0 20 40 80 120 Feet 0 50 100 200 Map projection:Web Wrudmr Corner000rdinates:VVGS84 Edge bc5:UIM Zone 5N VVGS84 f) _ 7o d7 ca N N (D = q3 7 -o '.. Iry n,o a `� b- a rn o c E CL a E 3 mm cv m N cl; ai m rn Z = - E mar� V m w t ma N w w C 3 v CA® o a N rn m as -0 m N 3 � ra o n ❑ En w= m = a as u, 3 m ¢ m v = m � E mnm m a °' ° m om `o m � m cn a TG o rn Cl 0" -C3 tl7 ) a) m O y wa Q O a`Y M " 0 LL c cm m m � uv 73 m v o U as w a7 m L b V .8 L tG O J p V) CL = p [0' N N O Q E a m m ¢ U as °" �' m d a _ w mrn� m maroc� o mom' h mQ, m� � yry E � mCr0 n wm mo � a `� � E — Q v, E m m m o m 4 ao cmi(n w sV w C w a ' u a Q? m ' Qe a n �v ) N c u a? otm as ¢ ra o rnvi sn o ry rJ ._ m 0 0- N W U 7 0 m � "0 F .2 c r m °- O Q LL U J T C m = o 'C7 U m a o o v a a r m �? m w !]C a S a _w an :m rn ua � � o rn = rn a � V nc c 13, W • m °m (7 r m W o o T ® c o G7 g c a •N E `m a � a o o fl m ° `o a a m w c� L ae m L m in a a a c a o "� m ro m c m W. o m m m c a ¢ rn cc to 0 m sn i3 U C7 t7 J _ d of co N rn in crr u7 m � e � o H ¢ yi Custom Soil Resource Report Map Unit Legend Map Unit symbol Map Unit Name Acres in A01 Percent of AQI 651 Keei slightly decomposed plant 8,3 100.0% material,3 to 10 percent SIGpeS Totals for Area of Interest 8.3 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils.Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components.They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management.These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data.The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, 8 Custom Soil Resource Report onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example,Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to S percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can he made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 9 Custom Soil Resource Report Island of Hawaii Area, Hawaii 651—Keei slightly decomposed plant material, 3 to 10 percent slopes Map Unit Setting National wrap unit symbol: 2klib Elevation: 1,200 to 3,200 feet Mean annual precipitation: 118 to 157 inches Mean annual air temperature: 55 to 68 degrees F Frost-free period: 362 to 365 days Farmland classification: Not prime farmland Map !Unit Composition Keei and similar soils:32 percent Minor components. 8 percent Estimates are based on observations. descriptions. and transacts of the mapunit. Description of Keei Setting Landform:Asti fields on pahoehoe lava flows Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Linear, convex Parent material:Organic material over pahoehoe lava Typical profile Oi- 0 to 1 inches: slightly decomposed plant material Oa- 1 to 5 inches: highly decomposed plant material 2R -5 to 15 inches: bedrock Properties andqualities Slope:3 to 10 percent Depth to restrictive feature:2 to 10 inches to lithic bedrock Drainage class:Well drained Runoff class: High Capacity of the most limiting layer to transmit water(Ksat): Low to moderately low (0.00 to 0.06 inlhr) Depth to water table: More than 80 inches Frequency of flooding: Bone Frequency ofponding: None Available water supply, 0 to 60 inches: Very low (about 0.7 inches) Interpretive groups Land capability classification (irrigated): 7s Land capability classification(nonirrigated): 7s Hydrologic Soil Group: D Ecological site: F162XY503HI - Udic Isothermic Forest Hydric soil rating: No Minor Components Lithic haplosaprists Percent of map unit: 5 percent Landform:Ash fields on pahoehoe lava flows 10 Custom Soil Resource Report Landform position (two-dimensional): Sackslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Linear, convex Hydric soil rating: Yes Lava flows; pahoehoe Percent of map unit: 3 percent Landform: Pahoehoe lava flows Down-slope shape: Linear Across-slope shape:Linear, convex Hydric soil rating: No 11 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the Unites{ States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas. editors. Version 6.0. 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://vvww.nres.usda.gov/wps/portal/ nres/detail/nationallsoils/?cid=nres142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surreys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres.usda.gov/wps/portal/nres/detail/nationallsoils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11 th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/nationallsoils/?cid=nres142p2_053580 Tiner. R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control,Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 12 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nres.usda.gov/wps/portal/ n res/detail/soils/scientists/?cid=n res142p2_054242 United States Department of Agriculture. Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean,and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nres'i 42p2_053624 United States Department of Agriculture, Sail Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210_ http:// www.nrcs.usda.gov/lnternet/FSE—DOCUMENTSInrcsl42p2_052290.pdf 13 QUALIFICATIONS EBIn s u l t i n Patricia Rees 1� 1 sforag;sr rr 21 B Street r environmental I engineering I des Jn Burlington,MA01803 Offi c el M o b ite:48 0-2 83-5 201 Summary of Experience Patricia Rees, Biologist 11, has extensive experience as a biologist and environmental scientist in the environmental consulting and regulatory environmental science industry since 2014. She specializes in the National Environmental Policy Act (NEPA), natural resource surveys and management, and project management. Her experience and knowledge includes ecological processes throughout the United States, and working within the regulatory framework of the Endangered Species Act(ESA), Migratory Bird Treaty Act (META), and Bald and Golden Eagle Protection Act (BGEPA). Relevant Project Experience NEPA review experience includes analysis of historical properties, wetlands, endangered species and habitats, floodplain management, and other areas of environmental concern for buildings, recreational areas, transportation projects, and proposed telecommunications installations. Ms. Rees has conducted and completed various natural resource surveys, assessments, United States Fish and Wildlife Service protocol species surveys,and avian nesting surveys throughout the United States. She also has experience with wildlife species identification; notable species that Ms. Rees has experience surveying and identifying are western burrowing owls,icit fox, and Kuenzler's hedgehog cactus. Monitoring experience includes work with California red-legged frog and San Francisco garter snake. Additional experience includes training in wetland delineations and Waters of the United States (WOTUS) determinations. Education M.S. Biology, University of West Florida B.S. Environmental Science: Biology, Northern Arizona University Professional Registrations 38 hour Army Corps of Engineers Wetland Delineation Training Program Burrowing Owl Surveyor, Arizona Burrowing Owl Working Group Cultural Sensitivity Certified, Salt River Pima-Maricopa Indian Community EBI Consult i n lama Bucher NEPA Specialist 21 B Street environmental I engineering I design Burlington, MA01803 Office.- Remote(Philadelphia, PA) Mobife:7f 7-991-9541 Summary of Experience Tama Bucher is a NEPA Specialist specializing in NEPA environmental reviews, as well as Phase I Environmental Site Assessments for the telecommunications industry. Ms. Bucher has conducted numerous environmental pre-acquisition assessments/due diligence assignments for a wide range of properties through the Northeast, and has also conducted fieldwork throughout the U.S.These assessments have been performed to evaluate site conditions, potential off-site liabilities, historic site and vicinity usage, and environmental control systems to advise prospective buyers, current operators, and owners of potential and existing environmental concerns_ EBI CONSULTING NEPA Specialist—September 2020—Present Scientist It— October 2017— September 2020 Project Scientist—September 2014— October 2017 RF-EME Technician It—March 2014— September 2014 RF-EME Technician I—February 2013—March 2014 Relevant Project Experience NEPA ASSESSMENTS: Ms. Bucher prepares and reviews NEPA Reports for telecommunications sites throughout the U.S. Ms. Bucher has helped clients facilitate the environmental review process to ensure compliance with Federal Communications Commission (FCC) requirements under the National Environmental Policy Act(NEPA). Environmental reviews include analysis of historic properties,wetlands, endangered species habitat, floodplains, and other areas of environmental concern and the possible impacts of cellular installations on these sensitive areas. Ms. Bucher has been preparing NEPA Reports since 2014 and reviewing NEPA reports since 2019. ENVIRONMENTAL SITE ASSESSMENTS: Ms. Sucher has conducted ASTM and Client-specific Phase 1 Environmental Site Assessments, Preliminary Environmental Site Screenings, and soil sampling for various clients at a variety of properties throughout the United States. These properties have included industrial, manufacturing, commercial, retail, telecommunications facilities, and undeveloped land. Ms. Bucher has also performed asbestos surveys and conducted bulk lead-based paint sampling. Ms. Bucher has been conducting Environmental Site Assessments since 2014. RADIO FREQUENCY MONITORING AND THEORETICAL MODELING REPORTS: Ms. Sucher has conducted electromagnetic energy monitoring at telecommunication sites to determine the levels of radiation being emitted from antennas and associated equipment. As a result of these surveys, her work has included preparing compliance reports for telecommunication companies and deploying appropriate notification at the sites to meet OSHA, FCC, and local requirements. Ms. Bucher has performed theoretical RF modeling„ which models the risk of RF-EME exposures from wireless communications equipment in accordance with the FCC's standards. Ms. Bucher also performed quality EBI Consultin Tama Bucher NEPa Specialist 21 B Street y environmental N engineering I design Burlington, MA01803 Offices Remote(Philadelphia, PA) Mobile:717-991-9541 control of RF-EME monitoring and RF-EME modeling compliance reports. Ms. Bucher performed RF monitoring and modeling from 2013 to 2014. Education MBA, Business Administration, University of Temple B.A., Environmental Science, University of Pittsburgh Professional Registrations EPAIAHERA Certified Asbestos Inspector From: Patricia Rees To: dlnr0hawaii.aov Subject: Review Request for a cell tower near Volcano,HI(EBI#6123GOD461) Date: Thursday,February 23,2023 8:07:00 AM Attachments: 6123000461 NR Review-HDLNR Consultation Letter.Ddf image001.nno Good morning, EBI has completed a natural resource review for a cell tower site near Volcano, HI. A copy is attached for DLNR comment. Thank you for your assistance with this site. Thank you, Patricia Rees(shelher) Biologist 11 Office:480-283-5201 pree s[roeb i cons u lti n la.c ram 4645 S. Lakeshore Drive.Ste 141 Tempe,AL 185282 ,x3yw.ebiccrnsultinuxon1 "- A E B I Consulting I-'B[mq Nuricc ofCoflection and Nivacv Policy APPENDix B: HISTORIC RESOURCES REVIEW LUSH GREEN.M.D. s ° H y DAWN K s CHANG GOVERNOR I KE KWAImA ,459 v. CHAIrP ia:'hJ g - BOARD OF LAND ANC '.. _r �_7EsuuMES SYLVIA LUKE ? COMMI5SON ONE -Er:EsOURCE UELITENAN i caQVERNOR I KA HOPE KIA'AINA MANAGE:�:E:.- L51 BRA H.E.KAAKIJA ` Aand _ FIRST DEPVT1' M.- MANEL DEP TYLDIRECTOR-WATER AQUATIC RESOURCES BQAI ING ALAI]OCEAN RLCREAIION STATE OF HAWAN KA MOKU'AINA`O HAWAH HuREAU OR CONVLYANCI S COMMISSION ON WAI LH RLSOURCk DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMLNI :(T. GON Sk RVA I ION AN)COAS I AL LANDS GONSLRVATION AND RESOURCES ENGINEERING E STATE HISTORIC'PRESERVATION DIMS[yip ENF NEING K-A K LI Ii I FI F W A B L UZ 1`G FORESTRY AN D Wl L DU FE HISTORIC PRESERVATION 601 KAMOKII.A BLVD.a'TF 555 KANOOLAWE ISLAND RESERVE COMMISSION KAPOLET.TTAWATT 96707 °"D STATE PARKS March. 14,2023 IN REPLY R1:FER TO: Matthew I Ioltkamp,Scnior Architectural Historian Project No.:2023PROO297 EBI Consulting Doc.No.:2303LS05 6876 Susquehanna Trail South Archaeology York,PA 17403 mhollkamn'criehiclrnstilting.coun Dear Mr.Holtkamp: SUBJECT: National Historic Preservation Act Section 106 Review— FCC Tower Construction Notification—TCNS 1D 262819 Project Name/Number—AT&T HIL03306/15965419 11-3049 Volcano Rd.,Volcano—New Tower Owner Name: International Church of the Foursquare `Ola`a Ahupua`a,Puna District,Island of Hawaii TMK: (3) 1-1-020:085 This letter provides the State Iistoric Preservation Division's (SIIPD's) review of the Federal Communications Commission (FCC)Tower Construction Notification received from EBI Consulting,on behalf of AT&T Mobility,LLC. The project is subject to historic preservation review in accordance with Section 106 of the National Historic Preservation Act(NHPA).. The SHPD received this submittal on March 1,2023,which included the following: [X] Letter dated February 27,2023,from EBI Consulting requesting historic preservation review and the State Historic Preservation{officer's(SHPO's)concurrence with a project effect determination of no historic properties affected on behalf of AT&T Mobility,LLC. and the FCC; [X] FCC Form 620:. [X] 14RS 6E Submittal Forin; [X] TMK Map,Construction Plans,Photographs,and other supporting documentation;and EBI Consulting determined that this project is an undertaking as defined in 36 CFR 800.16(y)and that the area of potential effect(APE)comprises a 1,440-sq.-ft.portion ofthe 5.7-acre subject parcel.The applicant proposes to construct a 150-ft.- tall monopine lower with support equipment within a 36 ft. by 40 it lease area. Subsurface disturbance will include excavation installation of the monopine(6 ft.deep),a concrete pad that will house an equipment shelter and generator(--I 1 It. by 5 ft,by l ft.deep),and installation of a chain-lint:fence and two utility poles(3-4 ft.deep), SHPD records indicate that no archaeological inventory survey (AIS) bas been conducted within APE and that no archaeological historic properties has been identified. Aerial imagery indicates that the project locations have been previously graded,Low potential exists for the project to encounter intact subsurface historic properties. The SHPD concurs with a project effect determination ofrzo historic properties affected pursuant to 36 CFR 800.4(d)(1). Note:if the project is also subject to issuance of a permit by the County ofHawai`i,Department of Public Works,Building Division,triggering HRS 6E-42 historic preservation review,this review must be completed prior to project initiation. Matthew Holtkamp March 1.4,2023 Page 2 EE1 Consulting and FCC are the offices of record for this undertaking, Please tmaintain a copy of this letter with your env irontuental review record. Please contact Jessica Puff,Architecture Branch Chief,at Jessica.Puff bawaii.gov for any matters regarding architectural resources.and contact Susan A. Lebo,Archaeology Branch Chief,at Susan.A.Lebo(gvhawaii.gov for any matters regarding archaeological re,ources or this letter. Aloha, 15ua err A.Lob" Signed For Alan S. Downer, PhD Administrator, Sta(c Historic Preservation Division Deputy State Ilisturic Preservation Officer cc: Alex Roy,alex.roy(c)haA-aiicuuntv.gpDv FCC Form 620 FCC Wireless Telecommunications Bureau Approved by OMB New Tower["NT") Submission Packet rasa-1°ss Notificatlon Date: 7AM EST 02128/2023 5Ye instructions for File Number: 0010434809 poolic h.uden estimates General Information 1) (Select only one) ( NE ) NE—New UA—Update of Application WD—Withdrawal of Application 2)If this application is for an Update or Withdrawal,enter the file number of the pending application File Number: currently on file. Applicant Information 3)FCC Registration Number(FRN): 0004979233 4)Name: AT&T Mobility, LLC Contact Name 5)First Name: Colleen 6)MI: 7)Last Name: Thompson 8)Suffix: 9)Tftle: Contact Information. 10)P.O.Box: lord 11)Street Address: 1120 20th St. NW 12)City: Washington 13)State: DC 14)Zip Code: 20036 15)Telephone Number: (202)457-3020 16)Fax Number: 17)E-mail Address: cm7512@att.com Consultant Information 18)FCC Registration Number(FRN): 0016385759 19)Name_ EnviroBusiness Inc. dlbla EBI Consulting(EBI 6123000461) Principal Investigator 20)First Name: Cory 21)MI: 22)Last Name: Johnson 23)Suffix_ 24)Title: Architectural Historian 0 Principal Investigator Contact Information 25)P.C.Box: And 26)Street Address: 21 B St 27)city: Burlington 28)State: MA 21:!i zip t:r_:c'. 01803 30)Telephone Number: (339)234-2597 31)Fax Number 32)E-mail Address- mhvitkamp@ebiconsulting.com Professional(qualification 33)Does the Principal Investigator satisfy the Secretary of the Interior's Professional Qualification Standards'� T x .)Yes { )No 34)Areas of Professional Qualification: } Archaeologist ( } Architectural Historian { X } Historian { } Architect ( ) Other(Specify) Additional Staff 35)Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? i X )Yes f )No If 'YES." complete the fallowing: 36)First Name: Christopher 37)MI: 38) Last Name: Monahan 39)SuPfx: 40)Title: 41)Areas of Professional Qualification: 4 x ) Archaeologist ( l Architectural Historian { } Historian { } Architect { } Other(Specify) 36)First Name: Matthew 37)MI: 38) Last Name: Holtkamp 39)Suffix- 40)Title: 41)Areas of Professional Qualification: { ) Archaeologist { K } Architectural Historian { } Historian { } Architect { ) Other(Specify) of 1 1 R:C I-ornn 620 Nlws 1114 Site Information Tower Construction Notification System Fl)TCNS Notification Number: 262919 Site Information 2) Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( }Yes ( x )No 3)Site Name: AT&T HIL03306 115965419 4)Site Address: 11-3049 Volcano Road 5)Detailed Description of Project- Proposed construction of a new telecommunications monopine tower and compound resulting in ground disturbance. Please see Attachment 4 of this filing for project design details. (6123000461) 6)City' Volcano 7)State: HI 8)zip Code: 96785 9)CountylBorough/Par sh' HAWAII 10)Nearest Crossroads, Kahauale'a Rd 11)NAD 83 Latitude(DD-MM-SS.S)' 19-27-09.8 ( X )Nor( }$ 12)NAp 83 Longitude(DD-MM-SS.S)- 155-10-33.1 ( )E or( X )A Tower Information 13)Tower height above ground level(include top-mounted attachments such as lightning rods): 4&7 ( }Feet ( X )Meters 14)Tower Type(Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( X } Monopole ( } Other(Describe)= Project Status 15)Current Project Status(Select One)' ( x ) Construction has not yet commenced ( ) Construction has commenced,but is not completed Construction commenced on' ( ) Construction has been completed Construction commenced on: Construction completed on. 3 of 1 I FCC Form WO May 2014 Determination of Effect 14)Direct Effects(Select One): [ X } No Historic Properties in Area of Potential Effects(APE) { ) No Effect on Historic Properties in APE [ } No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 15)Visual Effects(Select One): ( X ) No Historic Properties in Area of Potential Effects(APE) { ) No Effect on Historic Properties in APE { ) No Adverse Effect on Historic Properties in APE { } Adverse Effect on one or more Historic Properties in APE 4 of-1 I FC C FL)i-m 620 TriballN HO Involvement 1)Have Indian Tribes or Native Hawaiian Organizations{NMOs)been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the AREs for direct and visual [ X j-yes ( )No effects? 2a)TribeslNHOs contacted through TCNS Notification Number 262819 Number of TdbeslNHOs: 2b)Tribes/NHOs contacted through an alternate system: Number of TribeslNHOs: 0 Tribe/NHO Contacted Through TCNS 3)Tribe/NHO FRN: 4)Tribe/NHO Name: Office of Hawaiian Affairs Contact Name 5)First Name: Kai B}MI: 7)Last Name: Markell Ts)-suffix: ------ 91 Title: Compliance Enforcement Manager Dates&Response 10)Date Contacted 02/2312023 11)Date Replied { X ) No Reply ( } Replied/No Interest { } Replied/Have Interest { } Replied/Other t ttt'11 FCC Fonn 620 May 2014 Other TribesfNHOs Contacted Tribe/NHO Information 1)FCC Registration Number(FRN): 2)Name: Contact Name 3)First Name; 4)MI; 5)Last Name: 6)Suffix: 7)Title: Contact information 8)P.D.Box: ICnd 9)Street Address: 10)City: 11)State: 12)zip Code: 13)Telephone Number: 14)Fax Number: 15)E-mail Address- 16)Preferred means of communication: ( )E-mail Letter { )Both Dates& Response 17)Date Contacted 18)Date Replied { ) No Reply { ) RepliedlNo interest { ) Replied/Have Interest { ) RepliedlOther 0of 11 FGC r arm 620 hIm M14 Historic Properties Properties Identified 1 y Have any historic properties been identified within the APES for direct and visual effect? ( )yes ( X )Na 2)Has the identification process located archaeological materials that would be directly affected,or sites that are of ( )Yes ( X )No cultural or religious significance to TribeslNHOs? 3)Are there more than 10 historic properties within the APES for direct and visual effect? ( )Yes X )No If`Yes you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. Historic Property 4)Property Name: 5)SHPO Site Number: rope roperty Address B)Street Address: 7)City: 8)State: 9)Zip Code: 10)Cou ntylBoroug h/Pa rish: Status & Eligibility 11)Is this property listed on the National Register? ( )Yes ( )No Source: 12)Is this property eligible for listing on the National Register? ( )Yes ( )No Source: 13)Is this property a National Historic Landmark? ( )Yes ( )No 14)Direct Effects(Select one): { ) No Effect on this Historic Property in APE { ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15)Visual Effects(Select One), { ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE [ ) Adverse Effect on this Historic Property in APE 7 of 11 FCC Form 620 hta%-2014 Local Government Involvement Local Government A enc 1)FCC Registration Number tFRN): 2)Name: Hawaii County Contact Name 3)First Name: Alex 4)MI: 5)Last Name: Roy 6)Suffix. 7)Title: CLG Coordinator Contact Information 8)P.Q.Box: And 5)Street AddreSS: 101 Pau ahi Street. Suite 3 1o)City: Hilo 11)State: HI 12)Zip Cade: 96720 13)Telephone Number: (808)961-8140 1 t)Fax Number: 15)E-mail Address: alex.roy@hawaiicounty.gov 16)Preferred means of communication: { X )E-mail }Letter Both Dates 8 Response 17)Date Contacted 01t26512023 1$)Data Replied 02/1512023 ( ] No Reply { ) Replied/No Interest i ) Replied/Have Interest f x ) Replied/Other no historic properties Additional Information 19)Information on local government's role or interest(optional): 8 nf"1 I FCC Form 620 h1av 2014 Other Consulting Parties Other Consulting Parties Contacted 1)Has any other agency been contacted and invited to become a consulting party? {X )yes S )11i o Consulting Part 2)FCC Registration Number 4FRN): 3)Name: Hawaiian Historical Society Contact Name 4)Firs]Narnr Cynthia 5)MI: 6)Last Name: Engle F7),qurfx: 3)Title: Executive Director Contact Information 9)P.O. Box: lard 14)Street Address; 564 Kawaiahao Street 11)City: Honolulu 12)State: HI 13)Zip Code 96813 14)Telephone Number: (808)537-6271 15)Fax Number: 16)E-mail Address: executivedirector@hawaiianhistory.org 17)Preferred means of communication; X )E-mail { )Letter { )Both Dates& Response 18)Date Contacted 01126/2023 19)Date Replied { X ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest. { ) Replied/Other Additional Information 20)Information on other consulting parties'role or interest(optional): 1],n '111 4 Designation Of SHPOITHPO 1)Designate the Lead State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Officer(i'HPO)based on the location of the tower, SHPOITHPG Name: State Historic Preservation Office 2)You may also designate up to three additional SHPOsITHPOs if the APES include multiple states. If the APES include other countries,enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation kgency, SHPOITHPO Name'. SHPO(THPO Name: SHPOITHPO Name: Certification certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true,correct,and complete. Party Authorized to Sign First Name- Matthew INI: Last Name' Hoitkamp Suffix: Signature: Matthew Holtkamp Date: 02/27/2023 FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE ANDfOR IMPRISONMENT(U.& Cade,Title 18,Section 1001)ANDIOR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT(U.S.Code,Title 47, Section 312(a)(1)),ANDIOR FORFEITURE(U.S.Code,Title 47,Section 503). IIot I I FC-C}•n1m n_il %lac '_1114 Attachments Type Description Date Entered Resumes/Vitae Attachment 1 02/27/2023 Photographs Attachment 2 02/27/2023 Map Documents Attachment 3 02/27/2023 Additional Site Information Attachment 02/27/2023 Area of Potential Effects Attachment 5 02/27/2023 Tribal/NHO Involvement Attachment 6 02/27/2023 Historic Properties for Direct Effects Attachment 7 02/27/2023 Historic Properties for Visual Effects Attachment 8 02/27/2023 Local Government Involvement Attachment9. 02/27/2023 Public Involvement Attachment 10 02/27/2023 State-Specific Forms Attachment 11 02/2712023 11 4 1 I FCC.Form 620 May 2014 NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment I. Consultant Information Provide a current copy of the resume or curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in this tiling. The resume for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis,writing or conclusions are presented in this submission. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 BI Consultin C A ry Johnson �, Archrtectura!Historian Houston,TX 77096 environmental I engineering I due diligence Mobile:219,313,5458 Summary of Experience Cory Johnson, Architectural Historian has extensive experience in Historic Preservation since 2014. Before joining EB1 Consulting in 2017, Cory worked as a preservation planner for the City of Houston, Texas and also worked as a project assistant with Indiana Landmarks in Gary, Indiana. He is skilled in historic preservation research, architectural documentation, planning and photography. Cory's background includes a Masters of Science in Historic Preservation from Ball State University, and a Bachelors in Fine Arts from Indiana University Northwest. During his past three years in the professional field he has developed a passion for participating in and watching projects go from preliminary meetings to the finished products.This connection with projects is something that Cory strives to build his career on. Cory is a dedicated and enthusiastic individual, who is committed to the field of historic preservation. Relevant Project Experience • Reviewed applications and prepared staff reports for Certificates of Appropriateness to present to monthly historical commission meetings. • Has researched and wrote landmarks reports. • Conducted survey and fieldwork for potential historic districts and sites. • Photographed and developed marketing material for monthly preservation magazine. Education Bachelor of Fine Arts — Indiana University Northeast, 2005-2010 Master of Historic Preservation — Ball State University, 2012-2014 � Matthew Holtkamp EBI ConsultiArchitectural Historian 21 B Street 64 environmental I engineering I due diligence Surlington,MA 01803 Office I Mobile:785.760.S938 SUMMARY OF EXPERIENCE Matthew Holtkamp, Architectural Historian, has extensive experience in cultural resource management since 2008. As a Professional Architectural Historian, Mr. Holtkamp meets the Secretary of the Interior professional qualification standards in the areas of Architectural History and Historic Preservation as specified by 36CFR61. Since graduating from the University of Vermont with a Master's of Science in Historic Preservation, Mr. Holtkamp has worked on a variety of diverse historic preservation projects, including Section 106 compliance, original research for use in Local and National Landmarks Nominations, project management and architectural surveys. At EBI Consulting, Mr. Holtkamp serves as an Architectural Historian within the Midwest Telecom Environmental group. His responsibilities include conducting FCC National Environmental Policy Act (NEPA) and Section 106 Compliance Reviews with a focus on conducting cultural resource surveys and assessing National Register eligibility of historic structures and sites. RELEVANT PROJECT EXPERIENCE KANSAS STATE HISTORIC PRESERVATION DIVISION, TOPEICA, KANSAS 2010 - 2014 At the Kansas State Historic Preservation Office (SHPO), Mr. Holtkamp reviewed state and federal tax credit projects. He collaborated with property owners, architects and government agencies to meet the Secretary of Interior's Standards. He also surveyed historic resources and prepared National Register- nominations. PRESERVATION ALLIANCE OF GREATER PHILADELPHIA, PHILADELPHIA, PENNSYLVANIA 2008 As a research fellow, Mr. Holtkamp conducted comprehensive research, assembled photo- documentation and wrote nominations for the local historic register. EDUCATION M.S. Historic Preservation, The University of Vermont, 2008 B.A.American History, The University of Kansas, 2001 PROFESSIONAL AFFILIATIONS Society of Architectural Historians Society for Industrial Archaeology Vernacular Architecture Forum CHRISTOPHER M. MONAHAN, PH.D. PRESIDENT, FOUNDER TCP HAWAI`I, LLC 150 Hamakua Dr.,#810,Kailua, Hawaii 96734 (808) 754-0304 mookahan i4gmail.com EDUCATION Ph.D. &M.A. in Anthropology (Archaeology Section), University of Wisconsin-Madison (1991, 1996) B.A.in Anthropology (Archaeology Concentration), St. Lawrence University, Canton,New York(1986) WORK HiSTORY (SELECTED) Sole Proprietor,TCP Ha%2i`i,LLC,Kailua,Hawaii (2006-present) I founded a research/consulting company based in Hawaii dedicated to conducting cultural resource and historic preservation studies including work on Hawaiian Archaeology, History and Culture. • TCP IIawai'i specializes in community relations and consultation with Native Hawaiian organi7,ations and individuals, goverrrtnent agencies,large landowners, developers, and trusts.. • We have completed many projects for the Office of Hawaiian Affairs(OHA)and Bishop Estate/Kamehamelia Schools.annong others. • We conduct all types of Archaeological and Burial Treatment studies for regulatory &non- regulatory undertakings, we also conduct Cultural Impact Assessments& Fthno-historical studies. • I have appeared before island burials councils on D`ahu.Maui and Hawaii; I have testified as an expert witness before the Land Use Commission (LUC)in Honolulu. Principal Investigator/Project Manager,Cultural Surreys Hawaii,Inc.,Kailua,Hawaii (2009-2012) 1 managed cultural resource projects in Hawaii, including a$5 million contract for the U.S.ArmyCorps of Eng peers consisting of 25 indi-vidual projects, and for other public agencies and private clients. • I authored dozens of reports on historic preservation, archaeological and cultural resource issues. • I managed staff of 6-8 individuals, including professionals. administrators and support stag: • One of my prirnary roles and responsibilities was to maintain Quality Assurance/Quality Control and oversee all aspects of project managerneut. Principal Investigator/Project Manager,SWCA,Inc.,Portland,OR(2008-2001)) 1 worked as a Principal Investigator/Project Manager for SWC:A my roles and responsibilities were essentially the same as those described above for C'SH. • A major project completed at SWCA,in cooperation with OHA and the U.S_Army,was a critical re-analysis of archaeological surveys conducted by previous firms on Stryker-related projects. 0`ahu Island Lead Archaeologist and Acting Branch Chien SHPD/DLNR,Honolulu(2006) ■ Conducted site visits and utvestigations on Oahu Island—including burial sites and inadvertent discoveries—to ensure compliance wish historic preservation laws and rules • Served as liaison between Native Hawaiians and other concerned parties,developers, archaeological fu-rms, government agencies,politicians, activists, and others • Advocated for the rights of locals, including Native Hawaiians,in the historic preservation process, to the extent that the laws and rules allow • Consulted with archaeological contractors,developers, government agencies,and private landowners on Oahu,regarding their historic preservation obligations and responsibilities • Authored approximately 450 historic-preservation project reviews,mostly for Oahu Island 1 of (Monahan resume:Out 2017) [WORK HLSTQRY (SELECTED), continued! Archaeologist,Project Director,Scientific Consultant Services,Inc.,Honolulu(2003-2005) • Authored dozens of archaeological reports on O'ahu.Maui. Kauai,and Hawaii islands • Appeared before the Island Burial Councils on several occasions • Conducted docent training (pro hono work), Kauai Museum,L-dtu`e Lecturer,University ofHawaii-Mimoa,Department of Anthropology(2002-2003) Courses included "Humanity Emerging" (an introduction to Physical Anthropology and Archaeology). "Introduction to Physical Anthropology," "Introduction to Archaeology," "Seminar in Lithic Analysis" Forensic Archaeologist, U.S.Army Central Identification Laboratory,Honolulu, HI(2001-2002) • Conducted recovery/excavation of human skeletal remains of U.S.military servicemen from Vietnam- and Works WarTI-era sites in Laos,Vietnam, Papua New Guinea,and Kiribati • Case work(osteological examination) in U.S.military forensic studies • Conducted public presentations and trainitgs OTHER RELEVANT WORK AND TEACHING EXPERIENCE (SELECTED) Adjunct Assistant Professor(2004-2006),University of Maine,Machias,ME (Anthropology) • Taught"Introduction to physical Anthropology" (on-lime classroom) High School Teacher(2000--2001),Perspectives Chatter School, Chicago, IL,Social Studies • Designed and unnplernented a Social Studies cw-n°iculurn for 9-12 graders in Chicago • Focused on issues of self empowerment,civil and human rights, and alternative histories Lecturer(1998-2000),Loyola University, Chicago, IL,Department of Anthropology • Taught"Human Origins" (an introductions to Physical Anthropology and Archaeology) instructor(1997-1999, summers). Rutgers University, Koobi. Fora Field Schaal, Kenya,East Africa • Taught Field Methods in Paleolithic Archaeology and.Physical Anthropology Visiting Assistant Professor(1996-1997). The George Washington Univ., Department of Anthropology • Courses;"Introduction to Biological Anthropology," "Paleolithic Archaeology,"Graduate Seminar "Biological Anthropology," Senninar "Archaeology of Human Origins" Visiting Student(Pre-Doctoral) Internship (1994-1996); Smithsonian Institution, Anthropology • Conducted experimental archaeology • Research included Scanning Electron Microscopy Dissertation(1993-1994);National Museum of Kenya,Paleontology & Archaeology Divisions • Fieldwork included ethnoarchaeology (living with various ethnic groups) in Kenya • Laboratory analyses of million-year-old fossils from 01duvai Gorge and Koobi Fora Assistant Field Supervisor(1991);excavations at Gilman Falls, ME,University of Maine • Fieldwork included work with the Passamaquoddy trilbe of Maine Teaching Assistant(1990-1991),University of WisconsirMadison (Department of Anthropology) As s istant Field Supe rvisor(1990),excavations at Neolithic Cave,Fontbreguoua, Provence,France Field Technician(1987-1989); excavation and survey, various companies and agencies,Maine Field Technician(1984-1985) survey in southwestern Kenya on Neolithic-Age sites 2 of 5 (Monahan resume Oct 2017) PEER-REVIEW PUBLICATIONS Monahan, C.M.(1999a). Comparing apples and oranges in the Plio-Pleistocene. Journal of ffumcan Evolution 37: 789-792, Monahan, C.M.(1999b). Quantifying bone modification by African wild dogs and spotted hyenas.Journal of Htrnwn Evohution 36:A14. Monahan, C.M.(1998). The Hadza carcass transport debate revisited and its archaeological implications. Journal o f Archaeological Science 25.405--424. Monahan, C.M.(1996). New zooarchaeological data from Bed II, Olduuvai Gorge, Tanzania: implications for hominid behavior in the Fariy Pleistocene.Journal of Human Evolution 31:91-128. Pobiner, B.L..Rogers,M.J.,Monahan, C.M. & Harris,J.W.K.(2008). New evidence for Hominin carcass processing strategies at 1.5 Ma,Koobi Fora,Kenya. Journal of HaranranEvolulion 55: 1d3-130. Rogers,M.,Monahan, C.M. et al. (1999). New discoveries of hominid-modified bones from the Koobi Fora Formation, Kenya.Journal o f'Haarnan Evolution 36:A 18, Byrd, B.&Monahan, C.M. (1995). Death,mortuary ritual, and Natufian social structure.Journal of titlarolaolo,�,,iccal Ar-chaeol(j,w 14:251-287, PROFESSIONAL PRESENTATIONS (SELECTED) "Variability in Traditional Planting Strategies as Illustrated by the Kona (Kahalu'u) Field System" (October 2015), Society for Hawaiian Archaeology annual meeting. Lbu`e, K.aua`i (w. Rose Runyon Thurman & Doug Thra-tnan). "Conthmity and Change at a Pu`uone Fishpond: New Archaeological Data from Lokoea, Kawailoa, Oahu" (October 2013),Society for Hawaiian Archaeology annual meeting, Honolulu (with Doug Thunman). "A Functional and Temporal Interpretation of Excavated Pits in the Mauna 'Aina (Pohakuloa Training Area) and Their Significance in Hawaiian Prehistory„ (October 2012), Society for Hawaiian.Archaeology annual meeting, Keauhou,Hawaii. "New Archaeological and Experimental Data on Functional Interpretations of Excavated Pits at Pohakuloa Training Area,I lawai`i Island" (October 2010), Society for Hawaiian Archaeology annual meeting, Kauai. "Stemming the Tide in the Hawaiian Islands: Impacts of Sea-level Rise on Cultural Resources"(holy 2008), 6`h World Archaeological Conference,Dublin, Ireland(with co-author Dr. Michael Kimball). "New Directions in Historic Preservation in Hawaii: The Traditional Cultural Properties Paradigm"(July 2006), Queen Ent ma Hawaiian Civic Club, Honolulu. "Traditional Cultural Properties in Hawaii' (June 2006), University of Hawaii-Mauoa, Last-West Center,for an audience comprised of U.S.Fish and Wildlife biologists and land managers. "Archaeological Issues in Section 106 Compliance in Hawaii" (May 2006), Federal Office Building, Honolulu, for an audience comprised of Federal Housing and Urban Development (HUD)contractors. "Treatment of Harman Remains on Non-Federal Lands:Laws,Rules, and Practice"(April 2006). JPAC/CIL, Hickam Air Force Base,to an audience of forensic anthropologists. "A View frorn Both Sides of the Fence:Why a Graduate Degree Does Matter in CRM,and Why CRM Should Matter in Academia"(Fall 2004), Society for Hawaiian Archaeology annual meeting Kadua-Kona, "Variability in the.Foraging Behavior ofHomo Erectus"(Fall 2003), Society for Iawaiian Archaeology annual meeting, Kame'ohe,U`ahu. "Forensic Anthropology at the USA-CILHI"(March 2002),to ROTC Cadets,UFI-Mauna,Honolulu. From 1994 and 2000, 1 delivered approximately a dozen scientific papers at annual meetings of the Society for American Archaeology, American Association of Physical Anthropology, and Paleoanthropology Society. 3 of (Monahan resume Out 2017) INVITED PUBLIC LECTURES (HONORARIA) St. Lawrence University,Canton, New York(March 2000), "Two Million Years of African Prehistory." Rutgers University, New Jersey(March 2000),"New Perspectives in the Archaeology of Human Origins." Tulane University, New Orleans(May 2000), "Human Origils." Facing History and Ourselves (Educational pion-Profit Organization), "Integrating the Principles of a Disciplined Life into High School Teaching," Chicago(March 2001). AWARDS AND GRANTS • Dissertation Improvement Grant,National Science Foundation (1992 1993) • Visiting Student Internship, Department of Anthropology, National Museum of"Natural History, Smithsonian Institution (1994-1995) • Travel Awards to present papers at national conferences,University of Wisconsin, George Washington University, and Loyola University (1995--2000) ORGANIZED CONFERENCE While a Pre-doctoral Intern at the Smithsonian (see above), I organized a 5-weekpublic lecture series on New Directions in Neanderthal Research; invited speakers: Dan Lieberman(HarvardUrnversity), Curtis Marean(Arizona State University), John Shea (SLTNY-Stony Brook), Steve Churchill (Duke), and Jamie Shreeve(National Geographic Society). HISTORIC PRESERVATION TRAINING (SE]LFCTED) • Introduction to Section 1 ob:National Preservation Institute Workshop(3/02). Honokdu; instructor: Tom King • NLPA CouTlianee:National Preservation Institute Workshop (9/04), Honolulu; instructor: Claudia Nissley • Historic Structurev Reporty National Preservation Institute Workshop (3/05), Phoenix; instructor: Alfonso Narvaez • ConsuIlalion with Nath-e American Tribes,a 2-day workshop/conference(I 1/08), Suquan*h Indian Tribe's Clearwater Casino Resort,Washington state • Hawai`i Department of Transportation NEPA training (3/11), UII East-West Center,Ionolulu • Advisory Council on Historic Preservation,See tion 106 intensive/advanced training (10/11), Waildil.--u OTHER RELEVANT EXPERIENCE AND INTERESTS • From 1984-1999, 1 traveled to East Africa on several occasions,staying from several months up to a year,conducting research,living with native people in Kenya(Maasai, Sambttnu, Abaluyha, Swahili). I was fluent in Kiswahili at this time. I climbed (the 17,000 f1.) Mount Kenya in 1985. • In 1984, I traveled to Alaska to work on a fishing boat for the summer,at which time I worked and traveled with native (Inuit) people i met along the way. • Frotn 2000-present. I have conducted several solo camping excursions lasting from 1-2 weeks into the wild, mountain outbacks of New Mexico,Arizona, and Maui. • Most recently,I have become interested and active in describing and documenting Traditional Cultztral Properties(TCP)as a means of preserving landscapes and natural resources. • I am currently studying the Hawaiian language with Associate Professor Kahikahealani Wight, Kapi'obni Comnnunity College, Honolulu. 4 of (Monahan resume Out 2017) PROFESSIONAL REFERENCES 1. Tom Schnell, Planner, PBR. Hawaii &Associates; tschnelYeq),pbrhawaii.com; 521-5631 2. Jason Jeremi�ih, Cuhtual Resources Manager, Kairiehdnieba Schools; jajererniCa)ksbe.edu; 541-5376 3. Susan Lebo, Archaeology Branch Chief Hawaii State Ilistoric Preservation Division; Susan.A.Ubo@hawaiLgov-, 692-8015 4. Derek Fransz, PE, Pacific Energy Solutions; DFrasz ecc.net; 792-8012 5 of (Monahan resume Oct 2017) NT SUBMISSION PACKET-- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 2. Site Information- Photographs You are required to provide photographs and maps as part of this filing.Additional site information can be provided in an optional attachment. Photograph Requirements: Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project,keyed to the relevant map or text, and dated; the focal length of the lens and the height of the camera should be noted. The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic Images) should be identified on the photograph. a. Photographs taken from the collocation site should show views from the proposed location in all directions. The direction (e.g„ north, south, etc.)should be indicated on each photograph,and,as a group,the photographs should present a complete (360 degree) view of the area around the communications tower- or non-tower structure. b. Photographs of all listed and eligible properties within the Areas of Potential Effects. c, If any listed or eligible properties are visible from the proposed collocation site, photographs looking at the site from each historic property. The approximate distance in feet (meters) between the site and the historic property should be included, If any listed or eligible properties are within the APE, photos looking at each historic property should be included. Include aerial photos of the APE for visual effects, if available. There are a variety of publicly available websites that provide aerial photographs. Pfease see the attached photographs within the Cultural Resources Assessment Report in Support of AT&T's Telecommunications Project of 1 1-3049 Volcano Rd., Volcano, Kea'au Ahupua`o, Puna District, Islond of 1-lawar`i, Howai'i(Site ID:AT&T H1L03306), TM (3j 1-1-020:159(par,),located in Attachment 7, Applicant's Name: AT&T Mobility_ Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 3. Site Information- Map Requirements Include one or more 7,5-minute quad USGS topographical maps that; a. Identify the Areas of Potential Effects for both Direct and Visual Effects. If a map is copied from the original, include a key with name of quad and date. b. Show the location of the proposed collocation site and any new access roads or other easements including excavations. c.Show the locations of each property listed. d. Include keys for any symbols, colors,or other identifiers. e. Submit color maps whenever possible. The following maps are attached to this report: Street Map (Figure 1) Topographic Map (Figure 2) Aerial Photograph (Please see the Photo Location Map within Attachment 2) Historic Resources Map Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 � t 4 .r s t i f 1 1 % l � 1 1 t f r ps alot1 1 y f t ! it % � r A 7 n w1 fir{ .�N W l� 6 'J W G V Sources:Esri, HERE,Garmin, USGS,Intermap,INCREMENT P, NRCan,Esri Japan,METI,Esri China(Hong Kong),Esri Korea,Esd(Thailand), NGCC,(c) OpenStreetMap contributors,and the GIS User Community Legend Project Site f Site Radius at 250', 500', 1000' and mile Date:1119/2023 Figure 1 : Site Location Map N 15965419 AT&T HIL03306 11-3049 VOLCANO ROAD VOLCANO, HI 96785 EBI Consulting PN:6123000461 r environmental J engineering J design s AA F R S 6 � �' • i f P / � r f +y • 1 r f 2 1 ,ice? 1 �► l4 S r! • 1 i ~ / Arm • � r ` r � a • Copyright 13 Nat=onA e grrap+hJkJSeciety, :-cubed Legend Project Site Site Radius at 250', 500', 1000' and mile .. Date.- 1/19i2023 Figure 2 - Topographic Map 15965419 AT&T HIL03306 - 11-3049 VOLCANO ROAD VOLCANO, HI 96785 EBI Consulting PN:6123000461 r environmental I engineering I design NT SUBMISSION PACKET-- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 4. Site Information—Additional Site Information Additional Site Information Recommendations: Describe any additional structures, access roads, utility lines,fences, easements, or other construction planned for the site in conjunction with the proposed wireless telecommunication facility. Use this attachment to provide additional details needed to present a full and accurate description of any construction activities that will take place to complete the installation. The Subject Property, located at 1 1-3049 Volcano Road. Volcano, Hawaii County, HI 96785, is situated within a predominantly mixed-use area. The property on which the Facility is proposed is improved with a plant nursery with its associated buildings, parking lot,and maintained/landscaped areas. The area of the Subject Property on which the installation is proposed currently consists of a regularly maintained (mowed)grass lawn and existing asphalt paved driveway. Land immediately surrounding the Project Site consists of undeveloped land to the south and facilities associated with the plant nursery in all other directions. AT&T Mobility proposes the construction of a 150' monopine tower with support equipment within a 36' by 40' lease area. Two utility poles will be installed for overhead power, requiring subsurface excavations up to 6' deep. Site Plans/Lease Exhibits provided by AT&T Mobility are included in Atmchment 7. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 W S �FJ { J LO li tJ 0 � 0, 0 _ u7 CO 0 %0 J_ Z eat � _ CD CIO © CO © �_ co LU LLl. . �p . . < LL1 LU LL! 0 � � in 2 L C < 31 W � = as & uj i cs,.occ 15 uj 3 d � �� c•5 b�ac [�`Rn�:c`b3 GE3}7��3=.:3i yE 7 f�3� Q �3 a.� W U7 4 a J000 W Z ,0 Q pe ,_a2Lr's � � x - o ? ° oo -oi ZN o Wy 4 Q � d ` � z � J p Q r > a W ° xW a0cn W 7s Q 0- W wr W W w 4 � aka 94 P iQ LL NOSVo g8 p er !W, i O Zuj r- eo a 4a d qv z 4P' '¢ C8 0 o= .cc ava- 5 7' k; a27t 12tL��r _ c a;28Q¢isz 2; pl n a A"? ` r �ww��r Cw J¢�E,�Vi�V��—y'$5���,+��.`s 7c��lZ �C°�+t`6�'Siiaac�CN��R•d'e w a«aaa aed mom m� OGG uo +. r,fi�� _��5 w.w w•�w wwdSw,�:` LL i u ^ 6 2 � �_ 5 `$ 4 $ ,� � u ;] Y • ;� ?; � '9�` i � `� '�' 'ram S L cl cL i lz t zz S to e PL fn a a4 � a S � y, � +� � r ❑ i a � L 55 � 6�• `; dry w �+ may' � ` H a [ry Cy Z t �� 2 Ix � E _ a _ y i���o�t��c� r ya _ OR s g CD IN b f i Qi 5 -08 NEI z 0 F kx off _ c ir ry M r C 0LL 04 _ Q [� o (12 D dJ �u� e - LU r Z • Paz ho N � cry p W _ s ti w �w I 6U LU - �2 _ - o C� 10 ug d j • ii ��y JS S �' � 3 � � - ¢ �O - 6A Y Y' y S u 4 Q ~w wLj n v W 4A ki b� ff � �l t ---� f •� ,y y 4 of f \ t f ♦i 4t y z J (L LU ti C,4 K. 'tit �j�- � •�`'� + � ��� s rg Zk 5 lank t % w r f~ &O F �t 12.tt �✓J 'l ��uj uj LLJ NJ �t. � � t• � ,� � \ \ ■ r \t t \ 1 \ t g ,t ,t ■ e a - w ui w oc �—~ f z LU x u, 1 f. TOO all CL 10 i a c 3� 22 zz �+ b r I NN N a r, nl_ I o I' a*E __a__.,. n.t cU� G SZ Z a L z i© H; 7 x _ w Q cn w � o } 10 a 9¢ rV 4'w .• d b6 _ - - - ------------------ MINm� W cd Zr� m H Q uj N a -� h6 il9 xxq .— -- — ---- — — g s3� e. ems— = 6!'.i L i,• 9�5, a ta 2r J w bxgyr 2 NT SUBMISSION PACKET-- FCC FORM 620 Approved by LIMB 3060-1039 See instructions for public burden estimates Attachment S. Area of Potential Effects You are required to provide two attachments regarding the Determination of Effect: Areas of Potential Effect and Mitigation of Effect (if applicable). Areas of Potential Effect Guidelines: a, Describe the APE for direct effects and explain how this APE was determined. The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking. Can November 24, 2008, the FCC further clarified that the APE-Direct Effects is limited to the proposed lease area including the access route and utility cor0dor. Honua Consuiting completed an evaluation of the site, lease exhibits, and surrounding environment and determined that the APE for direct effects is limited to the access/utility route and the proposed 40-foot lease area. b. Describe the APE for visual effects and explain how this APE was determined. The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a historic property that makes it eligible for listing on the National Register. The presumed APE for visual effects for construction of new facilities is the area from which the tower will be visible: a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in overall height; b. Within V4 of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c. Within I V? miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. Due to the height of the proposed tower, the presured APE for visual effects for this project is a 1/2-mite radius from the tower site. Mitigation of Effect Guidelines: In the case where an Adverse Visual Effect or Adverse Direct Effect has been determined you must provide the fallowing. a. Copies of any correspondence and summaries of any oral communications with the SHPOrITHP© and any consulting parties. As of the date of this report, there has been no correspondence with the SHPDITHPCI. b. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant's conclusion regarding the feasibility of each alternative. No adverse effects are expected as a result of the proposed facility. therefore, alternatives that might avoid, minimize, or mitigate any adverse effects need not be considered. For each property identified as a Historic Property in the online e-106 form: Indicate whether the Applicant believes the proposed undertaking would have a) no effect;b)no adverse effect; or, c) an adverse effect, Explain how each such assessment was made. Provide supporting documentation where necessary. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates The research and consultation process has not identified any historic properties within either APE, Therefore, the finding of effect is "No Historic Properties in the Area of Potential Effects — Direct Effects and Visual Effects." Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: I S965419 FCC Form 620 NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 6. Tribal and NHO Involvement At an early stage in the planning process, the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations ("NHOs") to assist in the identification of Historic Properties of religious and cultural significance to them. Describe measures taken to identify Indian tribes and NHOs that may attach religious and cultural significance to Historic Properties that may be affected by the collocation within the Areas of Potential Effects ("APE") for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by either the FCC, the Applicant, or the Applicant's representative. Provide copies of relevant documents, including correspondence. If no such Indian tribes or NHOs were identified,please explain. EBl Consulting filed the proposed undertaking on the FCC's Tower Construction Notification System (TCNS). The attached FCC Notification email lists the Tribes identified through the TCNS process. Follow-up correspondence, when necessary, will be completed via the methods listed on the attached email considered acceptable to each Tribe. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 From: towem0t1UnfoCafcc.aav To: Juanita Colorado Cc: tcnsweeklyofcc.aov Subject: NOTICE OF ORGANIZATION(S)WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION-Email ID#8461048 Date. Friday,February 24,2023 2:45:20 AM Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure_ The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (Sl IPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and N`HOs listed below must be afforded a reasonable opportunity to respond to this notification,consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.1 .4). The notification that you provided was forwarded to the following Tribal Nations and NIJOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If,upon receipt,.the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV_F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO,you must seek guidance from the Commission (NPA, Section IV.G). These procedures are farther set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. Compliance Enforcement Manager Kai Markell- Office of Hawaiian Affairs - 560 N. Nimitz Hwy., Suite 200 Honolulu, HI - OHACompIiance@oha.org- 808-594-0227 - electronic mail and regular mail Exclusions: The Office of Hawaiian Affairs (OHA) is not interested hi reviewing TCNS projects that involve the replacement of existing structures on rooftops or buildings; the installation of new structures on rooftops or buildings; or, projects that do not involve ground disturbing work. The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SIIPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands),with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded fi•om SHPO review under Section III D or E of the NPA, 2. Chairperson Suzanne D Case- Department of Land & Natural Resources - 115I Punchbowl Street- Room 220 Honolulu,HI- suzanne.case a hawaii.gov: RusseU.Y.Tsuji@bawaii.gov - 808-587-0401 -electronic mail 3. Deputy SHPO Theresa K Donham- State Historic Preservation Office - 601 Kamokila Blvd Room 555 Kapolei, HI - theresa.k.donham@haxvaii.gov- 808-692-8015 - electronic mail TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by ernailing tenshelp@fce.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 02/17/2023 Notification ID: 262819 Excluded from SIIPO Review: No Tower Owner Individual or Entity Name: AT&T Mobility, LLC Consultant Naive: Juanita Colorado Street Address: 1414 E. 49th Street City: Tulsa State: OKLAHOMA Zip Code: 74105 Phone: 970-692-6199 Email:jcoloradoCebiconsulting.com Structure Type: MTOWER- Monopole Latitude: 19 deg 27 min 9.8 sec N Longitude: 155 deg 10 min 33.1 sec W Location Description: 11-3049 Volcano Road City: Volcano State: HAWAII County: HAWAII Detailed Description of Project: Proposed constriction of new telecommunications monopine tower and compound resulting in ground disturbance. Please see Attachment 4 of this filing for project design details. (6123000461) Ground Elevation: 853.4 meters Support Structure: 44.2 meters above ground level Overall Structure. 45.7 meters above ground level Overall Height AMSL: 899.1 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: htto-//sNiv-,%,.fcc.gov/wireless/available-su- You may also call the FCC Support Center at(877) 480-3201 (TTY 717-338-2824). flours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission NT SUBMISSION PACKET-- FCC FORM 620 Approved by 0146 3060-1039 See instructions for public burden estimates Attachment 7. Historic Properties Direct Effects a. List all properties within the APE for direct effects. On January 18, 2023, EBI Consulting completed a review of the available records as required per Section VI.D.2 of the Federal Communications Commission's 2004 Nationwide Programmatic Agreement to identify historic properties in the APE for Direct Effects. Based on this review, no Historic Properties were identified within the APE for direct effects. b. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for direct effects, not listed in part "a." (above), that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant's research. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible, describe why it does not satisfy the criteria of eligibility. The subject property primarily consists of grassland. There are no above-ground structures, objects or buildings present within the APE-DE as defined above. c. Describe the techniques and the methodology, including any field survey, used to identify Historic Properties within the APE for direct effects.' If no archeological field survey was performed, provide a report substantiating that: i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, ii) geomorphological evidence indicates that cultural resource-bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth.' EBI Consulting completed the process outlined in Section Vi.D.2 of the FCC's 2004 NPA to identify above ground historic properties. Please see parts a.and b.alcove. Honua Consulting completed an evaluation of the proposed Project Site for the likelihood of containing archeological Historic Properties. Please refer to the attached report documenting the findings of this project review by a qualified archaeologist including a description of the techniques and the methodology used to identify Historic Properties within the APE for direct effects. This report concludes that archeological resources are not expected to be impacted by the construction of the proposed tower and installation of associated support equipment at the Project Site. Pursuant to Section VI.D.2.a. of the Nationwide Agreement, Applicants shall make a reasonable and good faith effort to identify above ground and archeologicai Historic Properties,including buildings, structures, and historic districts, that lie within the APE for direct effects, Such reasonable and good faith efforts may include a field survey where appropriate. Under Section VI.D.2.d. of the Nationwide Agreement, an archeological field survey is required even if none of these conditions applies, if an Indian tribe or NHO provides evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number-: I S965419 FCC Form 620 #6A( A VA AL C iZ) N S U L T I N G 4348 Wai'alae Ave#254-Hondulu Hawaii 96816-T:(808)392-1617-f:(888)392-4941•E-Mail.admin@honuaconsulting.cam February 10, 2023 To: Mr.Don Perez(via email) EBI Consulting Re: Cultural Resources Assessment Report in Support of AT&T's Telecommunications Project at 11-3049 Volcano Rd.,Volcano,Kea'au Ahupua'a,Puna District,Island of Hawaii,Hawaii (Site ID:AT&T HIL03306),TMK(3) 1-1-020:159 (por.) Aloha Mr. Perez, This letter report describes the methods and results of a cultural resources assessment in support of the aforementioned proposed telecommunications project, which includes the following main components: 1. Installation of a new 150' tall monopine with attached antenna, remote radio units and other electrical devices; installation of the monopine will require subsurface excavations up to 6'deep; 2. The project will be supported by the installation of an equipment shelter and generator, including one 10' 3" by 4' 6" rectangular concrete pad; chain-link fencing will also be installed around the 40' by 36' site; these will require subsurface excavations ranging from 1.5'to 3.5'deep;and, 3. Two utility poles will be installed for overhead power, requiring subsurface excavations up to 6'deep. The 1,440 square foot direct APE is on the grounds of Akatsuka Orchid Farms. The project site is privately-owned by the Akatsuka family trust. The roughly rectangular-shaped area in and immediately around the direct APE—measuring ---7.0 acres and bounded by Mamalahoa Highway (a.k.a. Volcano Rd.) to the north and Kahauale'a Rd. to the east—consists of previously-bulldozed/ graded land that was modified starting as early as the middle 1970s,when Akatsuka Orchid Farm was founded. This area contains multiple buildings, a parking lot, water-catchment basins, infrastructure and other appurtenances. Thus, the ground surface and subsurface in the direct APE has been modified/disturbed. Soil data describe the native sediments in the direct APE as Keei slightly decomposed plant material (4651), which are described as "not suited for agriculture" due to their extremely shallow depth (i.e., bedrock is typically encountered at 5-15 inches below the ground surface). Hard-rock geological data describe the direct APE as consisting of lava flows from Kilauea (p4) dating from 200-750 years BP (before present).' 1 Soil data from USDA-NRCS website (https://websoitsurvey.sc.egov.usda.gov/App/IlomePage.htm);see also Wolfe,E.W.Wolfe,and 1.Morris (1996)Geological Map of the Island of Hawaii. U.S.Geological Survey, Department of the interior,Washington,D.C.(downloaded at http://pubs.usgs.gov/) 10179 Cultural Resources Report,AT&T Volcano FCC Scope of work The following scope of work tasks were addressed in this study: 1. Records search of the State Historic Preservation Division's (SHPD) digital library and other on-line (digital) resources, using a %-mile radius circle around the candidate location as our search area; search was intended to document archaeological and architectural resources (a) listed on the HRHP and HRHP, and also (b) formally documented as eligible for these listings; 2. Site location inspection [pedestrian survey] and documentation; 3. Excavation and documentation of one shovel test probe (STP) at the candidate location, if archival research indicates a need and if it is practical to hand excavate; 4. Photographic survey of visual effect of the candidate location on any listed or formally eligible historic property within the 1h-mile radius search area. Methods During the week of February 6-10, 2023, Christopher M. Monahan (Principal Investigator) conducted on-line research of SHPD files and reports, and the Environmental Review Program (ERP), within the Office of Planning and Sustainable Development, which publishes EIS and EA documents. Monahan also conducted a search of the following on-line databases: (a) National Park Service's listing of National Register of Historic Places (NRHP), (b) State of Hawai'i's listing of Hawai'i Register of Historic Places (HRHP), and (c) Historic Hawai'i Foundation's listing of architectural historic properties on or eligible for the HRHP and HRHP. On February 2, 2023, Fred LaChance, B.A., conducted fieldwork in the direct and indirect (visual) APE under the supervision of the Principal Investigator. The entire ground surface at the proposed undertaking was subject to pedestrian survey. No subsurface testing(archaeological excavation)was conducted because the ground surface in the direct APE has been previously bulldozed/graded starting as early as the middle 1970s when Akatsuka Orchid Farm was originally established. Results Although archival research did not identify any previous archaeological and cultural-resource studies or assessments in and within % mile of the direct APE,SHPD records (Log No. 2015.03463) indicate a Section 106 (of the National Historic. Preservation Act [NHPA]) determination was made in 2015 of "no adverse effect with conditions" for the installation of Verizon Wireless project at TMK (3) 1-1-020:085, located about 500 feet east of the direct APE (on the grounds of the New Hope Christian Fellowship Church). McEldowney's (1979) site-type prediction model of the vast uplands in and around the direct APE indicate it falls in the Rainforest Zone (Zone IV) which has a very limited potential for yielding sites other than the possibility of temporary shelters built by traditional (pre-Contact) birdcatchers; however, "any such sites would likely have been constructed of perishable materials, and the rain forest environment would likely have reclaimed the building materials"(Rechtman 2001:6).2 2 H.McEldowney(1979).Archaeological and Historical Literature Search and Research Design:Lava Flow Control Study,Hilo,Hawaii. Department of Anthropology,Bishop Museum,Honolulu;R.Rechtman(2001). Archaeological Inventory Survey and Limited Cultural Assessinentfor the Proposed Wastewater Treatment Facility at Kulani Correctional Facility(TMK:3-2-4-08 9), Waicikea Ahupua a South Hilo District island of Hawaii. Rechtman Consulting,Kea'au,Hawai'i. 2 of9 Cultural Resources Report,AT&T-Volcano FCC Visual inspection of the proposed undertaking showed there are no historic properties in the direct APE. To the best of our knowledge, no historic properties have been identified in either the direct or indirect(visual) APE. Figure 1 and Figure 2 depict the '/?-mile radius around the direct APE. Figures 3-6 are overviews of the direct APE in the context of the surrounding area. Conclusion Based on all of the data gathered and generated for this project,our conclusion is that the proposed undertaking will have no effect on the direct APE, which has been previously bulldozed/graded starting as early as the middle 1970s (when Akatsuka Orchid Farm was originally established). Native soils in the direct APE are extremely shallow. Bedrock is typically encountered at 5-15 inches below the ground surface; thus, it is unlikely that cultural deposits in subsurface context are located in the direct APE.Subsurface sediments that will be impacted by the proposed undertaking will likely consist of bedrock[lava flows)..No historic properties are located at the ground surface in the direct APE nor within the one-half mile indirect (visual) APE. Therefore, we conclude that the proposed undertaking will have no effect of any historic properties. As always,please let us know if you have any questions or concerns about this letter report. With aloha, Christopher M.Monahan,Ph.D. Principal Investigator,Archaeologist Honua Consulting 3 vf9 Cultural Resources Report,AT&T Volcano FCC N - t 26. 01 F �R ` 1 BM/ NQ ` 1- - aired APE 27 193 � a 1 a ■ • ■ -■' �4 �" ���II r l ■ Srir f 4 00 77-0 �1 r' � - '\■ 'ail _ � 1 - 1/2-Mile Radius 2754 0 0.35 0.7 Kilometers ` Figure 1. USGS topographic map showing location of proposed undertaking and archival search 1/2- mile radius 4of9 Cultural Resources Report,AT&T-Volcano FCC »,, d , a , Direct r F. Y APE ' dim g C p Ir \ � r c- — *, ^y •,.. _ yam, 1 y 7_ s' N Figure 3,View of direct APE,facing east bof9 Cultural Resources Report,AT&T-Volcano FCC Am--'MAL wr.. _ 4 s a y Figure 4.View of direct APE,facing north 7 of 9 Cultural Resources Report,ATM Volcano FCC u r r ;fr r R•a : Sty `h A Figure S.View of direct APE,facing crest 8 of Cultural Resources Report,AT&T_Volcano FCC { u-. j A .. .. Figure 6.View of direct APE,facing south 9of9 Cultural Resources Report,AT&T-Volcano FCC FAA 1-A SURVEY II�N AFFECTING LOT 8880 OF LAND COURT APPLICATION 1053 (MAP 227) Geographic Coordinates: State of Hawaii Zone 1 Note: (NAD83 PA11) Elevations are referred Latitude: N. 19.4527220 19© 27' 09.80" to C&GS Bench Mark Longitude: W. 155.1758530 1550 10' 33.07" "Y 20"(Brass Disk), Elevation=3943.76 feet Ground Elev.: 2800 FT. (L.M.S.L.) Local Mean Sea Level (NGVD29) (L.M.S.L.). Site Narne: AT&T HIL03306 Pole ID: VOLCANO VILLAGE EAST LD Y. k. Site Address: 11-3049 VOLCANO ROAD `�� �p Tax Map Key: (3)1-1-020:159 LICENSED Survey Date: OCTOBER 28, 2022 PROFESSIONAL * LAND SURVEYOR NO. 12955 P` I hereby acknowledge that the latitude and longitude shown above are qyy�l l 0. accurate to within ±15 feet horizontally and that the elevations shown above are CY accurate to within ±3 feet vertical. The horizontal datum (Geographic Coordinates) THIS WORK WAS PREPARED BY ME is in terms of the North American Datum of 1983 (NAD83) and is expressed as OR UNDER MY SUPERVISION decimal degrees and degrees (0), minutes () and seconds (") to the nearest _ thousandth of a second. The vertical datum (Elevation) is in terms of the National Geodetic Vertical Datum of 1929 (NGVD29) and is to the nearest foot. LICENSE E-P. 4-30-24 Cd Job No.: 15277 neofsig8-284 F.B. No.: 272A:52-59,fi3 Line of Sight, LI.0 www.lineafsightllc.cam F.N.:15277 12-14-22 Vokwo Rd(J5 HUM Vokono Yloge Eosf) 1A(ReQ).dxg 60, .:_x 11269 December 15, 2022 HI 96828 W S �FJ { J LO li tJ 0 � 0, 0 _ u7 CO 0 %0 J_ Z eat � _ CD CIO © CO © �_ co LU LLl. . �p . . < LL1 LU LL! 0 � � in 2 L C < 31 W � = as & uj i cs,.occ 15 uj 3 d � �� c•5 b�ac [�`Rn�:c`b3 GE3}7��3=.:3i yE 7 f�3� Q �3 a.� W U7 4 a J000 W Z ,0 Q pe ,_a2Lr's � � x - o ? ° oo -oi ZN o Wy 4 Q � d ` � z � J p Q r > a W ° xW a0cn W 7s Q 0- W wr W W w 4 � aka 94 P iQ LL NOSVo g8 p er !W, i O Zuj r- eo a 4a d qv z 4P' '¢ C8 0 o= .cc ava- 5 7' k; a27t 12tL��r _ c a;28Q¢isz 2; pl n a A"? ` r �ww��r Cw J¢�E,�Vi�V��—y'$5���,+��.`s 7c��lZ �C°�+t`6�'Siiaac�CN��R•d'e w a«aaa aed mom m� OGG uo +. r,fi�� _��5 w.w w•�w wwdSw,�:` LL i u ^ 6 2 � �_ 5 `$ 4 $ ,� � u ;] Y • ;� ?; � '9�` i � `� '�' 'ram S L cl cL i lz t zz S to e PL fn a a4 � a S � y, � +� � r ❑ i a � L 55 � 6�• `; dry w �+ may' � ` H a [ry Cy Z t �� 2 Ix � E _ a _ y i���o�t��c� r ya _ OR s g CD IN b f i Qi 5 -08 NEI z 0 F kx off _ c ir ry M r C 0LL 04 _ Q [� o (12 D dJ �u� e - LU r Z • Paz ho N � cry p W _ s ti w �w I 6U LU - �2 _ - o C� 10 ug d j • ii ��y JS S �' � 3 � � - ¢ �O - 6A Y Y' y S u 4 Q ~w wLj n v W 4A ki b� ff � �l t ---� f •� ,y y 4 of f \ t f ♦i 4t y z J (L LU ti C,4 K. 'tit �j�- � •�`'� + � ��� s rg Zk 5 lank t % w r f~ &O F �t 12.tt �✓J 'l ��uj uj LLJ NJ �t. � � t• � ,� � \ \ ■ r \t t \ 1 \ t g ,t ,t ■ e a - w ui w oc �—~ f z LU x u, 1 f. TOO all CL 10 i a c 3� 22 zz �+ b r I NN N a r, nl_ I o I' a*E __a__.,. n.t cU� G SZ Z a L z i© H; 7 x _ w Q cn w � o } 10 a 9¢ rV 4'w .• d b6 _ - - - ------------------ MINm� W cd Zr� m H Q uj N a -� h6 il9 xxq .— -- — ---- — — g s3� e. ems— = 6!'.i L i,• 9�5, a ta 2r J w bxgyr 2 NT SUBMISSION PACKET-- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 8. Historic Properties Visual Effects Historic Properties Identified for Visual Effects Guidelines a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPOITHPO, pursuant to Section VI.D.I.a. of the Nationwide Agreement. On January 18, 2023, EBI Consulting completed a review of the available records as required per Section V1.D.1 of the Federal Communications Commission's 2004 Nationwide Programmatic Agreement to identify historic properties in the APE for Visual Effects. Based on this review, no Historic Properties were identified within the APE for visual effects. b. Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in part "a", identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment. For each such property, describe how it satisfies the criteria of eligibility(36 C.F.R. Part 63). As of the date of this report. EBI has not received comments from Indian Tribes, NHOs, local governments, or members of the public that identify Historic Properties in the APE for visual effects that are not listed in the above list of Historic Properties. c. For any properties listed in the above Historic Properties list, that the Applicant considers no longer eligible for inclusion in the National Register, explain the basis far this recommendation. NIA Applicant's Name: AT&T MobiliV Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 NT SUBMISSION PACKET -- FCC FORM 620 Approved by OMB 3060-1039 See instructions for public burden estimates Attachment 9. Local Government a. If any local government has been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Programmatic Agreement,last the local government agencies contacted. Provide a summary of contacts and copies of any relevant documents (e.g., correspondence or notices). Pfease see the attached correspondence with the local government. No historic properties were identified by the local government. b. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place. NIA Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 EBI Consulting 6876 Susquehanna Trail South03 York, PA 17403 environmental engineering � due diilgence Tel ( o s 428 o4a7 www.ebiconsulting.cam January 26, 2023 Hawaii County Mr. Alex J. Roy, M.Sc. CLG Coordinator Planning Division/Cult Resources Comm. County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone: 808-961-8140 Emaii:alex.ro aDhawaiicounty_.gov Subject: Invitation to Comment 15965419/AT&T HIL03306 1 1-3049 Volcano Road, Volcano, Hawaii County, HI 96785 EBI Project#6123000461 Dear Alex J. Roy: Pursuant to Section 106 of the National Historic Preservation Act, the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc., on behalf of AT&T Mobility, LLC provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. Please refer to the attached plans for additional details. Please note that we are requesting your review of the attached information as part of the Section 106 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project's potential effect to historic properties. Please submit your comments regarding the proposed projects potential effect on historic properties to EBI Consulting, to my attention at 6876 Susquehanna Trail South, York, PA 17403, or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soon as possible within the next 30 days. Note that this project will be entered into the Federal Communication Commission's e106 System, which will send notifications of the project throughout the Section 106 process. Respectfully Submitted, Cory Johnson Architectural Historian Cory.johnson@ebiconsulting.com T (219) 313-5458 Attachments- Drawings and Maps Sophie Laino From. Microsoft Outlook To: alex.roy@hawaiicounty.gov Sent: Thursday, January 26, 2023 10:22 AM Subject: Relayed: 6123000461 -AT&T HIL03306, 11-3049 Volcano Road, Volcano, Hawaii County, HI 96785 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: atex.roy@hawaiicountygov (alex.roy(Phawaiicounty.gav) Subject: 6123000461 - AT&T HIL03306, 11-3049 Volcano Road, Volcano, Hawaii County, HI 96785 1 Mitchell D. Roth �a?'�` =fit'"�'!,, 7endo Kern Lee E. Lord Jeffivy W. Darrow hlanu�nt,�llirrrtrrr• `•�,..y __`���' De�rtrrv�rrec7or rr*TE Oi•xw�' West Ilawai'i Office Fast Hawai'i 0i'liee 74-30-1.1:ne Keohoi.ch)h) 1 N%_. �` • 101 Pauahi Street.Suite 3 Kailua-Kona.Hawaii«n;4u County of Hawal i Hilo.Fiawai`i 96720 Phone 1808)3234770 Phone 1808 F 961-8288 Fax(808)327-3563 PLAN KING DEPARTMENT Fax(808)961-9742 February 15, 2023 Cory Johnson c/o EBI Consulting 6876 Susquehanna Trail South York, PA 17403 Dear Cory Johnson: SUBJECT: Request for Comments Pursuant to Section 106,National Historic Preservation Act Project: EB1 Project#6123000461 — 15965419 AT&T HIL03306/Volcano Landowner: Hawaii Akatsuka Farm Inc. Location: 1.1-3049 Volcano Road,Volcano, HI 96785 TMK: (3) 1-1-020:159 Puna District, Island of Hawai'i We are in receipt of your letter dated January 26, 2023, requesting information regarding any potential impacts to historic properties or cultural resources as it pertains to the proposed construction of a new 150-foot tall monopine/shelter telecommunications tower and associated facility area on the above-referenced TMK. A review of our records shows that there is currently a number of large industrial buildings, greenhouses, and reservoirs within the proposed project area. Our records show that the property has not been included on the State Inventory of Historic Properties or on the Hawaii or National Register of Historic Places, nor are there any mapped or noted archeological, historic or cultural sites located on the subject parcel. For more information regarding historic properties, the historic inventory or register, please contact the State Department of Land and Natural Resources - State Historic Preservation Division (SHPD) at (808) 692-8015. Should the consultation process with SHPD identify any significant site(s) on the property, the Hawai'i County Cultural Resources Commission would appreciate the ability to comment on the impact, if any, the subject proposal would have on the site(s). For your information, the subject property consists of 7.383 acres of land, is situated in the State Land Use Agricultural district, zoned. Agricultural 3-acres (A-3a) by the County, and designated Extensive Agriculture (ea) and Rural (rur) by the Hawaii County General Plan Land Use Patter Allocation Guide (LUPAG) map. In accordance with Chapter 25, Section 25-4-12(a) of the Hawaii County Code (HCC), telecommunication antennas and towers may be a permitted use in the Agricultural (A) district,provided a use permit is obtained for such use. +vrv�v.plarwinR.itawaiienuntv.etav Hawai-i County is an EqualOppartrenitr Provider and Enip1 ver tannin ctl•waiicoon"'gov Cory Johnsen c/o EBI Consulting February 15, 2023 Page 2 Pursuant to HCC Chapter 25, Section 25-4-12(b), the ininitrtum setbacks for a telecommunication antenna or tower shall be as follows: (1) Freestanding antennas and towers shall be set back from every property line a minimum of one foot for every five feet of antenna or tower height. (2) Telecommunication antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every one foot of antenna or tower height. Mahato for allowing us to comment. If you have any questions or require further information, please feel free to contact Kevin Sullivan at (808) 961-5135. Sincerely, .!fHF'T ZENDO KERN Planning Director KLT ilcoh01\planning\publiclwpwin60\cultural_resources commissionlsection 106 consult\2023\2023-02-10(pt-int-2023- 004305)ebi section 106 consult akatsuka fanns.doc cc via email: Hawaii County Cultural Resources Commission NT SUBMISSION PACKET -- FCC FORM 620 Approved by LIMB 3060-1039 See instructions for public burden estimates Attachment 10. Other Consulting Parties and Public Notice List additional consulting parties that were invited to participate by the Applicant, or independently requested to participate. Provide any relevant correspondence or other documents. Please see the attached correspondence with interested parties. As of the date of this submission packet, EBI Consulting has not received any comments from any interested parties. Should a response be received, copies will be forwarded to all consulting parties as an addendum to this submission packet. You are required to provide a Public Notice Attachment. Attached, please find a copy of the legal notice regarding the proposed telecommunications installation that was posted in Hawah Tribune-Herold on February 3. 2021 As of the date of this submission packet, no comments regarding this notice have been received by EBI. Should a response be received, copies will be forwarded to all consulting parties as an addendum to this submission packet. Applicant's Name: AT&T MobiliV Project Name: AT&T HIL03306 Project Number: 15965419 FCC Form 620 EBI Consulting 6875 Susquehanna Trail South03 York, PA 17403 L Tel ( 428 040i environmental �en engineering due diligence www.ebic:onsulting.cam January 26, 2023 Hawaiian Historical Society Cynthia Engle, Executive Director 560 Kawaiahao Street Honolulu, Hawaii 96813 (808) 537-6271 Email: executivedireCLor-(t�hawaiianhistory.org Subject: Invitation to Comment 15965419 1 AT&T HI L03306 1 1-3049 Volcano Road, Volcano, Hawaii County, HI 96785 EBI Project i#6123000461 Dear Cynthia Engle: Pursuant to Section 106 of the National Historic Preservation Act, the regulations promulgated thereunder and Interagency agreements developed thereto, EBI Consulting, Inc., on behalf of AT&T Mobility, LLC, provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. Please refer to the attached plans for additional details. Please note that we are requesting your review of the attached information as part of the Section 106 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project's potential effect to historic properties. Please submit your comments regarding the proposed projects potential effect on historic properties to EBI Consulting, to my attention at 6876 Susquehanna Trail South, York, PA 17403, or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soon as possible within the next 30 days. Note that this project will be entered into the Federal Communication Commission's e106 System, which will send notifications of the project throughout the Section 106 process. Respectfully Submitted, Cory Johnson Architectural Historian Cory.johnson@ebiconsulting.com T (219) 313-5458 Attachments- Drawings and Maps Sophie Laino From. Microsoft Outlook To: executivedirector@hawaiianhistory.org Sent: Thursday, January 26, 2023 10:23 AM Subject: Relayed: 6123000461 -AT&T HIL03306, 11-3049 Volcano Road, Volcano, Hawaii County, HI 96785 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: executivedirector@hawaiianhistory.org (executivedi rector @hawaiianhistory.org) Subject: 6123000461 - AT&T HIL03306, 11-3049 Volcano Road, Volcano, Hawaii County, HI 96785 1 kR P•r-0Y,Pr,W.a.l.2M3 z.Ir.u..rv•Ic���: HOME BUYERS OR REFINANCEi i• Malr rww;... rAtaRv'akHrt9s, In life,no one plans tofa it, � maps often ♦ ♦ I - V"� USAMortga.ge yet„we oftenfail topianfor GApply far a Ipan 1 1 7rlrtune what will happen" L He r ild in any IaVazane! Dennis Santiago 808.936.R02 935-ssT9 �mortuary D m ," 4" :... 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SHPO Specific Forms Please see attached required SHPO farm. Applicant's Name: AT&T Mobility Project Name: AT&T HIL03306 Project Number•: 15965419 FCC Form 620 State Historic Preservation Division HRS 6E Submittal Farm Per§6E,Hawai`i Revised Statutes,if the Project requires review by the State Historic Preservation Division(SHPD), please review and Fill out this form and submit all requested information to SHPD. Please submit this form and project documentation electronically to: d lnr.intake.shpditvhawaii.gov If you are unable to submit electronically,please contact SHPD at(808)692-8015. Mahalo. The submission date of this form is: 1. APPLICANT(select one) ❑ Property Owner 0 Government Agency 2. AGENCY (select one) ❑ Planning Department ❑ Department of Public Works L7 Other(specify): FCC Type of Permit Applied For: FCC wireless license 3. APPLICANT CONTACT 3.0 Name: Matthew lloltkamp 3.2) Title: Senior Architectural Historian 3.3) Street Address: 6876 Susquehanna Trail South 3.4) County: 'York 3.5) State: PA 3.5) Zip Code: 17403 3.7) Phone: (785)760-5938 3.8) Email: mholtkamp(a-)ebiconsulting.com 4. PROJECT DATA 4.1) Permit Number(if applicable): N/A 4.2) TMK[e.g.(3) 1-2-003:0041: 1-1-020:085 4.3) StrectAddress: 11-3049 Volcano Road 4.4) County: Honolulu 4.5) State: 111 4.6) Zip Code: 96785 4.7) Total Property Acreage: 7 4.8) Praject Area(acreage,square feet): 4.9) List any previous SHPD correspondence(LOG Number& DOC Number,if applicable): LOG NO, n a ❑OC N[7_ 5. PROJECT INFORMATION 5.1 y Does the Project involve a Historic Property? A Historic Property is any building,structure,object. district.area,or site,including heiau and underwater site,which is over 50 years old(HRS§6E-2). © Yes ❑✓ No 5.2) The date(s)of construction for the historic property(building,structure,object,district,area,or site, including heiau and underwater site)is 5.3) is the Property listed on the Hawaii and or National Register of Historic Places?To check: http:,,'/dlnr.ha,A-aii.gov/slipd, ::] Yes '��7. No 5.4) Detailed Project Description and Scope of Work: AT&T Mobility propose the construction of 150-foot monopine tower with support equipment within a 36-foot by 40-foot lease area. 5.5) Description of previous ground disturbance(e.g.previous grading and gntbbing): Ground has been mechanically leveled and hardscaped. 5.6) Description of proposed ground disturbance(e,g.#of trenches.Length x Width x Depth): Installation of the monopine will require subsurface excavations up to 6 ' deep.Theproject will be supported by the installation of an equipment shelter and generator, including one 10 ' 3 " by 4 ' 6 rectangular concrete pad;chain-link fencing will also be installed around the site:these will require subsurface excavations ranging front 1.5 ' to 3.5 ' deep. Two utility poles NviII he installed for 5.7 y The Agency shall ensure whether historic properties are present in the project area.and. if so, it shall ensure that these properties are properly identified and inventoried. Identify all known historic:properiies: N;A 5.8) Once a historic property is identified,then an assessment of significance shall occur. integrity(check all that apply): ❑ Location ❑ Design ❑ Setting ❑ Materials ❑ Workmanship ❑ Feeling 1 1 Association Criteria(check all that apply): fJ a—associated with events that have made an important contribution to the broad patterns of our history 0 b associated with the lives of persons important in our past ❑ c—embody the distinctive characteristics of a type,period,or method of construction;represent the work of a master;or possess high artistic value ❑ d—have yielded,or is likely to yield,intormation important for research on prehistory or history 0 e—have an important value to the;Native Hawaiian people or to another ethnic group of the state due to associations with cultural practices once carried out or still carried out,at the property or due to associations with traditional beliefs,events,or orUI accounts--these associations being important to the group's history and cultural identity 5.9) The effects or impacts of a project on significant historic properties shall be determined by the agency. Effect Determination(select one): 0 No Historic Properties Affected 0 Effect_with Agreed Upon Mitigation Commitments(§6E-42,HRS) 0 Effect,with Proposed Mitigation Commitments(§6E-8,HRS) 5.10) This project is(check all that apply,if applicable): ❑ an activity,or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency,including those carried out by or on behalf of a Federal agency; O carried out with Federal financial asskla tce;and or 2 requiring a Federal permit, license or approval. If any of these boxes are checked,then the Project may also be subject to compliance with Section 106 of the National I listorie Preservation Act(NI IPA). 6. PROJL•'CT SUBMITTALS 6.1) Please submit a copy of the Tax Map Key(TMK)map 6,2) Please submit a copy of the property map showing the project area and indicate if the project area is smaller than the property area. 6.3) Please submit a permit set of drawings. A permit set is a set of drawings prepared and signed by a licensed architect or engineer and is at least 65%complete. 6.4) Are you submitting a survey? ❑ Yes 0 No Specify Survey. 6.5) Did SHPD request the survey? ❑ Yes ® No If`Yes%then please provide the date,SHPD LOG NO,and DOC NO: Date: LOG NO. DOC NO. 6.6) SURVEY REVIEW FEES. Fee for Review of Reports and Plans(§§13-275-4 and 284-4). A filing fee .vill be charged for all reports and plans submitted to our office for review. Please go to: / I r. a -ai' rovl a r rt ar a to Ifilin -fe - d it A check payable to the I1m sii I Iistoric Preservation Special Fund should accompany all reports or plans submitted. 6.7) Please submit color photos Iniages of the Historic Property(any building,structure,object,district,area, or site,including heiau and underwater site)that will be affected by the Project. The following are the minimum number and type of color photographs requited: Quantity Description 1-2 Street view(s)of the resource and surrounding area 1-2 Over view of exterior work area 1 exterior photo of the North elevation if applicable) 1 exterior photo of the South elevation if a licuhle 1 exterior photo of the East elevation if applicable) 1 exterior photo of the West elevation (if applicable) 1-2 interiorphotos(s)of areas affected(if applicable) CHECKLIST 2 SHPQ FORM 6E(this form) PROJECT SUBMITTALS(any requested documentation for items 6.1 -6.7 of this fol-no 2 FILING FEE FORM(if applicable) 2/27/23,12:26 PM Section 106-Filing Confirmation Federal ;A Communications .j Section 106 - Filing Confirmation FCC>Wireless>Section 106 Filings Logged In: 00!6385759(Log Out) Help I Technical Support FCC Form 620 Current Status:Submitted View/Print Submission Packet New Tower Submission Date of Submission: 0 Z/28/20 23 Common Questions <<Return To My Filings Filing Confirmation Vatic Filing has been Submitted. File Number:0010434809 Notification of this filing will be sent to the following Lead SHPO/THPO: State Historic Preservation Office Attn:Theresa Dnnham 601 Kamokila Blvd Kapolei,HI 96707 Some$HPO/THPCs may have state specific archiving requirements.You should check with the above agency to determine if they need all or part of this fling submission in paper Format, .View all other parties notified of this filing A printable submission packet is generated for,your manual records.Please make a note of this file number and print out this page for your records.A confirmation of this submitted filing will be 8mailed to the email address specified in your filing. This system is Intended to facilitate filing of Section 106 of the National Historic Preservation Act and use of this system In Itself does not satisfy parties'obligations with respect to historic preservation review under the Commission's rules.Failure to receive automated notifications generated by this system does not relieve parties of legal responsibilities arid/or Justify failure to meet deadlines. This notification is NOT an actual submission for Antenna Structure Registration.Tower Structures that require antenna structure registration based on FCC Rules 47 C.F.R. Part 17 must complete FCC Form 854 after FAA clearance Is obtained. reoeral curl-wllc3tions co—fssiol, 4 1-:) 45 L Street NE Washington,LC 20554 Submit Help Request hftps://wireless2.fcc.govfsec106/index,htm?module=de&step=FC&sec=I&fn=62O&app_id=13911225 1ll Matthew Hvltkamp From: HICRIS <no-reply@shpcf.dlnr.hawaii.gov> Sent: Tuesday, February 28, 2023 8:38 AM To: Matthew Holtkamp Subject: HICRIS Project FIRST Submission for a PROJECT Received by SHPD This is an automated notification seat by the Hawaii State Historic Preservation Division(SHPD)from the Hawaii Cultural Information System (HICRIS). A submission with the token WYD207LPEBUV has been received by SHPD for the following project: AT&T HIL03306/ 15965419 . You will receive an email notification when the submission is accepted or if more information is necessary to process the submission. To check the status of your submission please look in the My Submissions link, found on the HICRIS Home tab.Your submission will be found in one of the four tabs on the My Submissions page. See below for details of each tab. DRAFT-The draft submission was started but not submitted to SHPD. INSUFFICIENT-The SHPD intake specialist has determined the draft submission has inaccurate or missing information. The draft submission must be corrected and resubmitted. SUBMITTED-The draft submission has been submitted to SHPD. It's in the queue waiting to be processed by intake and given a project number. PROCESSED-The draft submission has been submitted, processed by SHPD intake, and given a Project number. You should be able to find the project in you're My Projects queue. If you need technical support with HICRIS, please email dlnr.hp.hicris@hawaii.gov.. https://shpd.hawaii.gov/hicrisl 1 APPENDIX C: TRIBAL CORRESPONDENCE SUMMARY EBI Consulting 2f Street Burlington, MA 01803 Tel: {7131)273-2560 Fax: (781)273-3311 A environmental I engineering I due diligence www.ebiconsufting.com April 21, 2023 Re: Tribal Correspondence Summary Letter 15965419 1 AT&T HiL03306 1 1-3049 Volcano Road,Volcano, Hawaii County, Hawaii 9678E EBI Project#6123000461 Overview The purpose of this Tribal Correspondence Summary (Tribal Summary) letter is to summarize pertinent correspondence between EBI Consulting (EBI) and Native American Indian Tribes (Tribes) with regard to the above-referenced proposed wireless communications facility. In accordance with §1.1307(a)(5) of the Federal Communications Commission's (FCC) National Environmental Policy Act (NEPA) implementing procedures, the preparation of an Environmental Assessment (EA) is required for proposed antenna structures which may significantly affect Indian religious sites. This Tribal Summary letter summarizes FBI's efforts, through communications with potentially interested Tribes, to evaluate the potential effects of the proposed facility on Indian religious sites and presents the findings and conclusions of this effort. Methodology EBi utilized the FCC's Tower Construction Notification System (TONS) to provide project details and pertinent supporting documentation to federally recognized Tribes chat had previously indicated an interest in receiving notifications on projects within project vicinity. In accordance with the provisions set forth in the FCC's March 30, 2018 Second Report and Order in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to infrastructure Investment (211d R&O), ESI provided a copy of the applicable FCC Form and its required attachments (or appropriate alternative submission package) to each potentially interested Tribe identified through TCNS. EBI submitted this documentation in a planner consistent with the individual communication preferences of each Tribe, as stipulated in the automated Notice of Organizations (NOO) email generated by TCNS, This documentation included a detailed project description, map, and photographs of the project area. If ground disturbance is proposed as part of the undertaking,an archaeological assessment was also provided. Findings& Conclusions Federally Recognized Tribes As of the date of this letter, all remaining Tribes notified of the project using the FCC's TCNS system have either (i) responded as having no further interest in review; (J) have pre-established procedures for which the project meets a 'no interest criteria; or (iii) have exceeded the mandated comment period. Accordingly, under the provisions set forth in FCC NEPA Rules and the 2' R&O, the Applicants pre-construction obligations are discharged with respect to these Tribes. In the event that a concentration of artifacts or culturally modified soil deposits (including trash pits older than 50 years) are encountered at any time during ground disturbing activities, all work must stop until a qualified archaeologist views the finds and makes a preliminary evaluation. If warranted, further archaeological work in the discovery area should be performed. Although unlikely, if human remains are encountered, all work must stop in the immediate vicinity of the discovery until the County Coroner and a qualified archaeologist evaluate the remains. As necessary, all Tribes identified during the consultation process will be notified of pertinent discoveries made during ground disturbing activities. The findings and conclusions summarized in this Tribal Summary letter are based on the project specifications provided to EBI. In the event that the design or location of the installation changes, additional review andlor consultation may be required. There are no intended or unintended third-party beneficiaries to this Tribal Summary letter, unless specifically named. EBI is an independent contractor, not an employee of either the property owner or the project proponent. and its compensation was not based on the findings or recommendations made in this docurnent or on the closing of any business transaction. Thank you for the opportunity to assist you with this project Please call us if you have any questions or if we may be of further assistance. Respectfully Submitted, r � jj ar Juanita Colorado Steff Dansereau Author/Tribal Coordinator- Reviewer/Senior Tribal Coordinator Direct# (541) 973-9338 Attachments Tribal Correspondence Summary Table& FCC Notice of Organization FCC TCNS& Referral Documentation Tribal Invitation to Consult Letters Resumes TRIBAL CORRESPONDENCE SUMMARY TABLE FCC NOTICE OF ORGANIZATION � { � r ) ' \ | 3 # u ƒ i � < � { - � _ � } LU } ; § ° k i r $ % ) o e ) t; 2 } u E 8 § } } } 2 4 ) ) J � ` \ u _ Q 3 w A � - k � , \ # ) ! « 2 I I § D (A ■ LLI 0 _ z LIJ f O � - 2 0 £ a © � e LLI w - cc CD - U ro CD \ � § ® 4 m a � § E o From: towem0t1UnfoCafcc.aav To: Juanita Colorado Cc: tcnsweeklyofcc.aov Subject: NOTICE OF ORGANIZATION(S)WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION-Email ID#8461048 Date. Friday,February 24,2023 2:45:20 AM Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure_ The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (Sl IPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and N`HOs listed below must be afforded a reasonable opportunity to respond to this notification,consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.1 .4). The notification that you provided was forwarded to the following Tribal Nations and NIJOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If,upon receipt,.the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV_F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO,you must seek guidance from the Commission (NPA, Section IV.G). These procedures are farther set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. Compliance Enforcement Manager Kai Markell- Office of Hawaiian Affairs - 560 N. Nimitz Hwy., Suite 200 Honolulu, HI - OHACompIiance@oha.org- 808-594-0227 - electronic mail and regular mail Exclusions: The Office of Hawaiian Affairs (OHA) is not interested hi reviewing TCNS projects that involve the replacement of existing structures on rooftops or buildings; the installation of new structures on rooftops or buildings; or, projects that do not involve ground disturbing work. The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SIIPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands),with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded fi•om SHPO review under Section III D or E of the NPA, 2. Chairperson Suzanne D Case- Department of Land & Natural Resources - 115I Punchbowl Street- Room 220 Honolulu,HI- suzanne.case a hawaii.gov: RusseU.Y.Tsuji@bawaii.gov - 808-587-0401 -electronic mail 3. Deputy SHPO Theresa K Donham- State Historic Preservation Office - 601 Kamokila Blvd Room 555 Kapolei, HI - theresa.k.donham@haxvaii.gov- 808-692-8015 - electronic mail TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by ernailing tenshelp@fce.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 02/17/2023 Notification ID: 262819 Excluded from SIIPO Review: No Tower Owner Individual or Entity Name: AT&T Mobility, LLC Consultant Naive: Juanita Colorado Street Address: 1414 E. 49th Street City: Tulsa State: OKLAHOMA Zip Code: 74105 Phone: 970-692-6199 Email:jcoloradoCebiconsulting.com Structure Type: MTOWER- Monopole Latitude: 19 deg 27 min 9.8 sec N Longitude: 155 deg 10 min 33.1 sec W Location Description: 11-3049 Volcano Road City: Volcano State: HAWAII County: HAWAII Detailed Description of Project: Proposed constriction of new telecommunications monopine tower and compound resulting in ground disturbance. Please see Attachment 4 of this filing for project design details. (6123000461) Ground Elevation: 853.4 meters Support Structure: 44.2 meters above ground level Overall Structure. 45.7 meters above ground level Overall Height AMSL: 899.1 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: htto-//sNiv-,%,.fcc.gov/wireless/available-su- You may also call the FCC Support Center at(877) 480-3201 (TTY 717-338-2824). flours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission FCC TCNS & REFERRAL DocuMENTATION From: towematiunfo(d)kcc.aoy To: Juanita Colorado Cc: tcnsweeklv0fcc aov Subject: Proposed Construction of Communications Facilities Notification of Final Contacts-Email Ia#33760 Date: Thursday,April 6,2023 8:00:44 AM T Mobile USA Juanita Colorado 1,414 E.49th Street Tulsa,OK 74105 Dear Applicant This letter addresses the proposed communications facilities listed below that you have referred to the Federal Communications Commission(Commission)for purposes ai"contacting federally recognized Indian Tribes_ including Alaska Native Villages(collectively Indian Tribes),and Native Hawaiian Organizations(NII0s)_as specified by Section IV.G of the Nationwide Programmatic Agreement(NPA).Consistent with the procedures outlined in the Commission's Wireless Infrastructure Second Report and Order(1).we have contacted the Indian Tribes or NIiOs identified in the attached Table for the projects listed in the attached Table.You referred these projects to us between 03/30/2023 and 04/06/2023.Our contact with these Tribal Nations or NIIOs was sent on 04/06/2023. Thus,as described in the Wireless Infrastructure Second.Report and Order(2),if you or Commission staff do not receive a statement of interest regarding a particular project from any Tribe or NHO within 15 calendar days of 04/06/2023,your obligations under Section IV of the NPA with respect to these Tribal Nations or NIiOs are complete,If a Tribal Nation or N110 responds that it has concerns about a historic property of traditional religious and cultural significance that may be affected by the proposed construction within the 15 calendar day period,the Applicant must involve it in the review as set forth in the NPA,and may not begin construction until the process set forth in the NPA is completed. You are reminded that Section IX of the NPA imposes independent obligations on an Applicant when a previously unidentified site that may be a historic property.including an archeological property,is discovered during construction or aver the completion of review.In such instances,the Applicant must cease construction and promptly notify,among others,any potentially affected Tribal Nation or NHO.A Tribal Nation's or NHO's failure to express interest in participati rig in pre-construction review of an undertaking does not necessarily mean it is not interested in archeological prvperties or human remains that may inadvertently be discovered during construction. Hence,an Applicant is still required to notify any potentially affected Tribal Nation or NHO of any such finds pursuant to Section IX or other applicable law.. Sincerely. ]ill Springer federal Preservation Officer Federal Communications Cummission jill.springer@fcc.gov 1)See Accelerating Wireless Broadband Deployment by Removing harriers to infrastructure Deployment,Second Report and Order,FCC 18-30(Mar.30,2018)(Wireless Infrastructure Second Report and Order). 2)See id.at paras. i I]-112. LIST OF PROPOSED COMMUNICATIONS TOWERS ,rCNS#262.264 Referred[late:04/05/2023 Location: 2665 Pittsburg-Antioch Highway, Pittsburg, CA Detailed Description of Project: Proposed construction of a nem'telecommunications monopine tower and compound resulting in ground disturbance. Please see Attachment 4 of this filing for project design details. (6123000629) Tribc Nance: lone Band of Miwok Indians TCNSr 260669 Referred Date:04/05/2023 Location:932 Midge Drive,Concord,CA Detailcd Description of Project Proposed construction of new 12-foot telecommunications tower facility with support equipment at grade resulting in ground disturbance.Please see Attachment 4 of this filmg for project design details.(6122011523) Tribe Nance: lone Lund of Miwok Indians -TCNS#262823 Referred Date:04/04/2023 Location: 2750 NE 183rd Street,N. Miami Beach, FL Detailed Description of Project:New wireless telecommunications antennas on an existing building with no ground disturbance.Please see.Attachment 4 of this filing for project design details.(6123000980) Tribe Name:Seminole Tribe of Florida `1'CNS#262276 Referred Date:04/04/2023 Location:5200 E. Saint Andrews Drivc.'Tucson,Az Detailed Description of Project:Antenna moditcation/upgrade on an existing building with no ground disturbance. Please see Attachment 4 of this filing for project design details.(61220 11173) Tribe Name: Pueblo of Zuni TONS#262540 Referred Date:04/04/2023 Location:9059 Mira Mesa Blvd,San Diego.CA Detailed Description of Project:Antenna modification/upgrak on an.xisting building with support equipment at grade resulting in ground disturbance.Please see Attachment 4 of this filing for project design details.(6122008665) (SD0621 I A/Anchor) Tribe Name:Manzatuta Band of Mission Indians Tribe Name: Pecltanga Band of Luiseno Indians Tribe Name: Sycuan Band of the Kumeyaay Nation Tribe Name: Eastern Shoshone Tribe Tribe Name:Ewiiaapaayp Band ofKumeyaay Indians Tribe Name:Jamul Indian Village Tribe Name:La Posta Band of Mission Indians TCNSft 262710 Referred Date:04/04/2023 Location:6100 Glentnont Dr.,Houston,TX Detailed Description of Project:Proposed installation of a new small cell wireless facility resulting in minimal frround disturbance.This installation meets NPA Exclusion E. Please see attached Alternative Submission Packet. (6123000468)(617379524) Tribe.Name:Comanche Nation TONS#262726 Referred Date:04/04/2023 Location:6606 De Moss Dr,Houston,TIC Detailed Description of Project:Proposed installation of 2 new small cell wireless facilities resulting in tninitnal ground disturbance.This installation meets NPA Exclusion E. Please see.attached Alternative Submission Packet. (6123000513) Tribe)Warne:Comanche Nation TUNS"262716 Referred Date:04/04/2023 Location: 1920 Hollister St.,Houston,TX Detailed Description of Project: Proposed installation of a new small cell wireless facility resulting in tninitnal ground disturbance.This installation meets NPA Exclusion E. Please see attached Alternative Submission Packet_ (612300050M(617377350) Tribe Nattte: Comanche Nation TONS#262540 Referred Date:04/05/2023 Location:9059 Mira Mesa Blvd,San Diego-CA Detailed Description of Project-Antenna modification/upgrade on an existing building with support equipment at grade resulting in grotnid disturbance.Please see Attachment 4 of this filing for project design details.(6t22008665) (SD062 l I A 'Anchor) Tribe Name:Campo Band of Mission Indians TONS#262710 Referred Date:04/05/2023 Location:6100 Glenmont Dr.,IIouston,TX Detailed Description of Project:Proposed installation of a new small cell wireless facility resulting in minimal ground disturbance.This insutllation meets NPA Exclusion E.Please see attached Alternative Submission Packet. (6123000468)(617379524) Tribe Name:Toukawa Tribe TCNS#262726 Referred Date:04/05/2023 Location:6606 De Moss Dr, Houston, t X Detailed Description of Project:Proposed installation of 2 new small cell %vireicss facilities resulting in minimal ground disturbance.'['his installation elects NPA Exclusion E. Please sce attaclied Alternative Submission Packet. (6123000513) Tribe Name:Toukawa Tribe TCNS#262716 Referred Date:04/05/2023 Location: 1920 Hollister St.,Houston,TX Detailed Description of Project:Proposed installation of new small ce11 wireless facility resulting in minimal ground disturbance-This Iris installation meets NPA Exclusion E. Please see attached Alternative Submission Packet. (6123000500)(017377350) 'tribe:Name:Tonkawa Tribe TCNS#262241 Referred Date:04/04/2023 Location:42305 County Road 102,Davis,CA Detailed Description of Project:Proposed construction of a new telecommunications monopole tower and compound resulting in ground disturbance.Please see Attachment 4 of this filing for project design details. (6123000619) Tribe Name:Wilton Rancheria Tribe Name: Yocha Dehe Wintun Nation TCNSfl 262956 Referred Date:04/04/2023 Location:6511 N Calle Padre Felipe,Tucson,AZ Detailed Description oCProject:Collocate telecotmnunication antennas on a new 9,5'pole extension on a utility pale with support equipment at grade resulting;in ground disturbance.This installation meets NPA Exclusion E.Please see attached Alternative Submission Packet.(61230005 Tribe Name:Apache Tribe of C.'Llahoma Tribe Name:Cocopah Indian Tribe Tribe Name:Mescalero Alxiche Tribe Tribe Name:Tohono O'odham Nation TCNS#262271 Referred Date:04/04/2023 Location:Approx 1701`1 N of intersection of S Main St and Alaskan Wy S.Seattle,WA Detailed Description of Project: Proposed installation of a new small cell wireless facility resulting in minimal ground disturbance. Please see Attachment 4 of this tiling for project design details.(6123000611)(616858851) Tribe Name: pastern Shoshone Tribe Tribe Name: Muckleshoot Indian Tribe Tribe Name: Stillaguaniish Tribe of Indians Tribe Name: Suquamish Tribe Tribe Name: Upper Skagit Indian Tribe TCNS#262511 Referred Date:04/04/2023 Location:9514 1/2 Sepulveda Boulevard,North Hills,. CA Detailed Description of Project: Proposed 10-foot extension of an existing monopole telecommunications tower with new compound resulting in ground disturbance_ Please see Attachment 4 of this tiling for project design details. (6123000844) Tribe Name:Northwestem Band of Shoshone Nation Tribe Name:Twenty Nine Palms Band of Mission Indians TCNS#262819.Referred Date:04/04/2023 Location: 1 1-3t14i]Volcano Road,Volcano,III Detailed Description oCProject:Proposed construction ofa new teleconmunications monopine tower and compound resulting in ground disturbance.Please see Attachment 4 of this filing for project design details. (6123000461) Tribe Name:Office of llawaiian Affairs TCNS#262297 Referred Date:04/04/2023 Location:4221 228th Avenue SE,Issaquah. WA Detailed Description of Project:Antenna collocation(existing antennas to be removed from existing water tank)w/ new compound installed on a future telecomin.monopole resulting in ground disturbance.Please see Attachment 4 of this filing for project design details. (6123000572) Tribe Name: Lastem Shoshone Tribe Tribe Name: Muckleshoot Indian'tribe Tribe Name:Stillaguamish Tribe of Indians Tribe Name:Suquamish Tribe Tribe Name: Upper Skagit Indian 'Tribe TONS#261984 Referred Date:04/04/2023 Location:Across from 11812 S.White L.n.,Oregon City, OR Detailed Description of project Collocate telecommunications antennas on a utility transmission tatter with support equipmcnt at grade resulting in ground disturbance:. Please see Attachment 4 of this filing for project design details. (6122011415) Tribe Narne:Confederated Tribes of the Grand Ronde Community of Oregon Tribe Name:Confederated Tribes of the Warm Springs Reservation Tribe Name: Eastern Shoshone Tribe TCNStt 260669 Referred Date:04/04/2023 Location:932 Midge Drive,Concord,CA Detailed Description of Project:Proposed construction of new 12-foot telecommunications tower facility with support equipment at grade resulting in ground disturbance.Please see Attachment 4 of this filing for project design details.(6122011523) Tribe Name: Easter Shoshone Tribe Tribe Name: Scotts Vallev Rancheria Tribe Name:Wilton Rancheria TCNStt 262332 Referred Date:04/04/2023 Location:5687 Miles Av c.(-),,,I.land,CA Detailed Description of Project:Antenna modification/upgrade on an existing building with no ground disturbance. Please see Attachment 4 of this filing for project design details.(6123000661) Tribe Name: Scotts Valley Rancheria Tribe Name:Wilton Rancheria TONS#262264 Referred Date:04/04/2023 Location:2665 Pittsburg-Antioch Highway,Pittsburg. CA Detailed Description of Project:Proposed construction of new tc.lecommurticarions monopine tower and compound resuhing in ground disturbance.Please see Attachment 4 of this filing for project design details. (6123000629) Tribe Name: Northwestern Band of Shoshone Nation Tribe Name: Scotts Valley Rancheria Tribe Name: Wilton Rancheria TONS#262038 Referred Date:04104/2023 Location:3475 Bethel Road SE,Port Orchard, WA Detailed Description of Project:Collocate antennas on a proposed 20-foot extension of an existing monopole telecotrtm.tower with support equipment at grade resulting in ground disturbance. Please see Attachment 4 of this filing for project design details.(6123000432) Tribe Name:Port Gamble S'Klallann Tribe Tribe Natne:Quinaulr Indian Nation Tribe Name: Suquamish Tribe Tribe Name:Upper Skagit Indian Tribe LEGEND: *-Notification numbers are assigned by the Commission staff for sites where initial contact was not made through TONS. From: towemotl infotdfcc.aoy To: Juanita Colorado Subject: Confirmation-Referral of a Proposed Tower Construction Notification-Email ID F850259B Date: Tuesday,April 4,2023 5:41:2Z PM Dear Juanita Colorado, Your referral of a proposed tower stnicture notification has been successfully submitted via the Tower Construction Notification System. The Federal Communications Commission(FCC)will be processing this referral for purposes of contacting federally recognized htdian Tribes,including Alaska Native Villages,and Native Hawaiian Organizations as specified by Section 1V.G of the Nationwide Programmatic Agreement and the Wireless Infrastructure Second Report and Order dated March 30,2018. You will receive a Proposed Construction of Communications Facilities Notification of Final Contacts when the FCC has completed processing this referral. Below are the details you provided in the referral of the tower you have proposed to construct: Notification Received: 02117i2023 NatificFrtion Referred:04/04/2023 Notification ID:262819 TOWCr O)A-11Cr ludividual or Entity Name:AT&T Mobility, LLC Consultant Name:Juanita Colorado Street Address: 1414 E.49th Street City:Tulsa State:OK L AHOMA Zip Cade: 74105 Phone:970-692-6199 Email:jeolorado@ebiconsulting.corn Structure Type:MTON ER-Monopole Latitude: 19 deg 27 min 9.8 sec N Longitude: 155 deg 10 min 33.1 sec W Location Description: 11-3049 Volcano Road City:Volcano State:HANVAII County:HAWAII Detailed Description of Project:Proposed construction of anew telecommunications tnonopine tower and compound resulting in ground disturbance.Please see Attachment 4 of this filing For project design details. (6123000461) Ground Elevation: 853.4 meters Support Structure:44.2 meters above ground level Overall Structure:45.7 meters above ground level Overall Height AMSL: 899.1 meters above mean sea level Entities Who Have Not Responded: Office of Hawaiian AtTairs Contact Date:02I2212023 TRIBAL INVITATION TO COMMENT LETTERS From: Juanita Colorado Bet: OHAComolianceCcBoha.oro Subject: Invitation to Comment-TCNS 262819(Ei316123000461)Volcano,111 Date: Wednesday,March 1,2023 4:12:00 PM Attachments; imaoe001.ona 6123 00161 E106 comaressed.odr RE: Invitation to Comment in Section 106 Consultation Process TCNS Reference#: 262819 TONS Date: February 24. 2023 Site Identifier: AT&T HIL03306 f 15965419 Site Address:. I 1-3049 Volcano Road Volcano,Hawaii County, Hawaii 96785 EBI Project Number: 6123000461 Project Description: Proposed construction of a new telecommunications monopine tower and compound resulting in ground disturbance. Please see Attachment 4 of this filing for project design details. Greetings, Pursuant to Section 106 of the National Historic Preservation Act,the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc., on behalf of the Applicant, provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. In accordance with the Federal Communications Commission's (FCC)guidance contained within the Second Report and Order dated May 3, 2018, EBI has attached a complete copy of the FCC Farm (or appropriate alternative) and its required attachments.The information contained in this documentation meets the requirements outlined by the FCC. Specifically, EBI is seeking comments related to the proposed project's potential effect to Historic Properties of religious or cultural significance to your tribe. Please forward any comments, questions, or concerns you may have to me at the phone number or email address below. Respectfully submitted, Juanita Colorado Trihal Co i drialcr P; 970.692,f-�199 Z1 B 5.r eeL I Gbi'li-i3Lo n, MA 1 C11803 0�QlQr2QQLd)g:UifQnsultiilW.corn Wvt our weosite: www.eb icon suIting.cono EBI Consulting environmental I engineering I design FBI's Notice of Collection and Privacy P From: Microsoft Outlook To: OHAComoliance(doha.ora Subject: Relayed:Invitation to Comment-TCNS 262819(EBI 6123000461)Volcano,HI Date: Wednesday,March 1, ZOB 4:13:18 PM Attachments: Invitation to Comment-TCNS 262819(EBI 6123000461)Volcano HI.m Delro to i',: :recipients orgroups is complete,but no deliver) notification war sent by Ilse destination scrN cr: 0-HA('u:ir1li:inet a:oha.urg(OHAComplianccw uha.oT)—rnailto:OHAConiptiancc, !oha.org" SubjeCI:I n�11a1ion to Cotnnrent-1 CNS 26280 i EB1.6 1 23000461)Volcano,Hl Kristian Clark From. Kristian Clark Sent; Wednesday, March 15, 2023 3:43 PM To: OHACornpliance @oha.org Subject: Follow Up: TONS 262819 {EBI 6123000461) Volcano, HI Please note that I am assisting a colleague. Please send any comments or recommendations directly to Juanita Colorado at icolorado(a)eb icons uldng corn. Thank you. Follow Up to Invitation to Comment in Section 106 RE: Consultation Process TCNS Reference : 262819 TCNS Date: February 24,2023 Site Identifier: AT&T HIL033061 15965419 Site Address: 1 1-3049 Volcano Road Volcano, Hawaii County, Hawaii 96785 EBI Project Number: 6123000461 Project Description: Proposed construction of a new telecommunications moncipme tower and compound resulting in ground disturbance. Pfease see Attachment 4 of this filing for project design details. Greetings, The purpose of this letter is to follow up on your interest in providing comments on the above-referenced proposed wireless telecommunications facility's potential to affect Histar-ic Properties. In accordance with the Federal Communications Commission's (FCC) guidance contained within the Second Report and Order dated May 3,2018, EBI has provided a complete copy of the FCC Form(or appropriate alternative)and its required attachments.The information contained in the provided documentation meets the requirements outlined by the FCC. Additionally,as noted in the FCC's Second Report and Order Paragraph 99, the FCC clarified that it does not require its Applicants to pay upfront fees to participate in the Section 106 consultation process. and we have not been authorized to pay such fees at this time. EBI would appreciate your comments on the proposed proiect's potential effect to Historic Properties of religious or cultural significance to your tribe. Please let me know if you should need an additional copy of the previously provided documentation and EBI will resend. Please do not hesitate to contact me if you have any questions or concerns about the proposed project. EBI greatly appreciates your tithe and consideration of this matter. Respectfully submitted, Kristian Clark Tribal Coordinator Kristian Clark From: Microsoft Outlook To: OHACompliance @oha.org Sent: Wednesday, March 15, 2023 3:43 PM Subject: Relayed: Follow Up: TCNS 262819 (EBI 6123000461) Volcano, HI Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: OHACompliance @oha.org (ohacompliance@oha.org) Subject: Follow Up: TCNS 262819 (EBI 6123000461) Volcano, HI i RESUME EBIConsulting Juanita Colorado Tribrl Coordirxrtor 6722 5W 451�,Avenue environmental I engineering I design Gainesville, FL32608 Mobile:970.692.6199 Summary of Experience Ms. Colorado completed her bachelor's degree in Anthropology at the University of Florida and has previous experience in healthcare, specializing in community outreach and social work in a non-profit setting. Ms. Colorado has switched her focus back to anthropology, working as a Tribal Coordinator at EBI. In this position, Ms. Colorado's responsibilities include: Preparing, submitting, and effectively tracking documentation for new projects submitted via the Federal Communications Commission (FCC) Tower~ Construction Notification System (TCNS). EBI CONSULTING- Burlington, MA Tribal Coordinator—July 2020— Present Relevant Project Experience June 2015-July 2024, OF Health Throughout her time at OF Health, Ms. Colorado handled multiple, large-scale projects in a multitude of different areas of focus. These projects focused around patient safety, community outreach, employee appreciation and large-scale logistics in a high-pressure, fast-paced, clinical environment. September 2013-May 2014, Emerging Pathogens Institute— University of Florida Ms. Colorado served as a research assistant at the Emerging Pathogens Institute for two semesters focusing on the spread of the Chagas Disease throughout rural Mexico. Her responsibilities included interacting with citizens of small Mexican villages and colleagues at the University of Mexico, formulating surveys and additional materials, analyzing trends and presenting findings to various groups. Education Bachelors of Anthropology December 2016 Anthropology University of Florida 1311 5teff Dansereau Senior Tribei Coordinotor!Tribal Monitoring Director 882 Sunrise Avenue Medford,OR 97504 Office:541,973,9338 1 Fax: 149,684.8055 Summary of Experience Steff Dansereau holds dual positions as Senior Tribal Coordinator and EBI's nationwide Tribal Monitoring Director. in these roles, she is responsible for corresponding with Native American preservation offices during both the original NEPA consultation as well contracting with specific tribal offices for Tribal Monitoring oversight during the construction phase. Relevant Project Experience • Ms. Dansereau for more than five years has been part of the Native American consultation team specializing in the West region. specifically within the state of California. • She works to ensure compliance with the FCC for NEPA services. Ms. Dansereau acts as a liaison for EBI to Native American Indian Tribes, establishing and maintaining strong, beneficial and productive relationships. • Ms. Dansereau works directly with the Tribal Technical Director to improve upon EBI's tribal consultation protocols and efficiencies. She writes guidance documents, templates and revises consultation protocols as needed. • As Senior Tribal Coordinator, she is responsible for training newer- tribal coordinators, including reviewing correspon der celdocuments before they are sent to tribal offices or clients. • As the Tribal Monitoring Director, Ms. Dansereau coordinates construction monitoring for regulatory compliance for both macro-towers and small cell sites. These duties include notifying tribes of upcoming construction, scheduling tribal monitoring services, invoicing and troubleshooting issues as needed daily. • Additionally, Ms. Dansereau works closely with the Technical Director of Archaeology to support tribal monitors onsite when a discovery is made. She facilitates communication between monitors, tribal offices, crew, archaeologists and clients, to protect culturally important resources while creating as little delay to the schedule as possible. Education B.S. in Environmental Science, Southern Oregon University(specialization in Biology)2006 Certificate in Wildlands Studies, University of California„ Santa Barbara 2003 JOSH GREEN,M.D. DAWN N.S. NG GOVERNOR KE KIAAINA CHAIRPERSSOON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR KA HOPE KIAAINA LAURA H.E.KAAKUA t6 OF My FIRST DEPUTY .(p t95p q DEAN D.UYENO ^d and ,sty r� ;•E- ACTING DEPUTY DIRECTOR-WATER oEt9 ,yar` d / 4,. 'c�.•°%`. ' AQUATIC RESOURCES C_ t BOATING AND OCEAN RECREATION y i a BUREAU OF CONVEYANCES B COMMISSION ON WATER RESOURCE MANAGEMENT — CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION State of Ha`++a\� KAHOOLA W E ISLAND RESERVE COMMISSION LAND STATE OF HAWAII KA MOKU`AINA`O HAWAI`I STATE PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 January 9, 2023 IN REPLY REFER TO: Project No.: 2023PR00297 Document No.: 2401JLP02 Architecture Matthew Holtkamp, Senior Architectural Historian EBI Consulting 6876 Susquehanna Trail South York, PA 17403 mholtkamp@ebiconsulting.com Dear Matthew Holtkamp, RE: National Historic Preservation Act, Section 106 Review FCC Tower Construction Notification—TCNS ID 262819 Project Name/Number—AT&T HIL03306/15965419 11-3049 Volcano Road, Volcano—New Tower Owner Name: International Church of the Foursquare Olaa Ahupuaa, Puna District, Island of Hawaii TMK: (3) 1-1-020:159 This letter provides the State Historic Preservation Division's (SHPD's) review of the Federal Communications Commission (FCC) Tower Construction Notification received from EBI Consulting, on behalf of AT&T Mobility, LLC. The project is subject to historic preservation review in accordance with Section 106 of the National Historic Preservation Act (NHPA). The SHPD received this submittal on March 1, 2023, which included the following: [X] Letter dated February 27, 2023, from EBI Consulting requesting preservation review and the State Historic Preservation Officer's (SHPO'so concurrence with a project effect determination of no historic properties affected on behalf of AT&T Mobility,LLC, and the FCC; [X] FCC Form 620; [X] FIRS 6E Submittal Form; [X] TMK Map, Construction Plans, Photographs, and other supporting documentation; and Matthew Holtkamp January 9,2024 Page 2 EBI Consulting determined that this project is an undertaking as defined in 36 CFR 800.16(y) and that the area of potential effect (APE) comprises a 1,440-sq.-ft. portion of the 5.7-acre subject parcel. The applicant proposes to construct a 150-ft.- tall monopine tower with support equipment within a 36 ft. by 40 ft. lease area. Subsurface disturbance will include excavation installation of the monopine (6 ft. deep), a concrete pad that will house an equipment shelter and generator(-11 ft. by 5 ft. by 1 ft. deep), and installation of a chain-link fence and two utility poles (3-4 ft. deep). SHPD records indicate that no archaeological inventory survey (AIS) has been conducted within APE and that no archaeological historic properties has been identified. Aerial imagery indicates that the project locations have been previously graded. Low potential exists for the project to encounter intact subsurface historic properties. The SHPO concurs with a project effect determination of no historic properties affected pursuant to 36 CFR 800.4(d)(1). EBI Consulting and FCC are the offices of record for this undertaking. Please maintain a copy of this letter with your environmental review record. Please contact Jessica Puff, Architecture Branch Chief, at Jessica.Puff@hawaii.gov if you have any questions. Sincerely, AGan Dgwim- Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer CC: Alex Roy, alex.roy@hawaiicounty.gov Erika Reyes, ereyes@clinellc.com JOSH GREEN,M.D. DAWN N.S.CHANGCHAIRPERSON GOVERNOR I KE KIA'AINA BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KWAINA LAURA H.E.KAAKUA P F FIRST DEPUTY Of AA 1'tig gas DEAN D.UYENO 'pry q�y ACTING DEPUTY DIRECTOR-WATER cx,° AQUATIC RESOURCES Fe m BOATING AND OCEAN RECREATION is BUREAU OF CONVEYANCES 1 �y COMMISSION ON WATER RESOURCE MANAGEMENT o F., }J CONSERVATION AND COASTAL LANDS CONSERVATION AND,.may RESOURCES ENFORCEMENT . ENGINEERING FORESTRY AND WILDLIFE srareofHaWa� HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE OF HAWAII I KA MOKU`AiNA `O HAWAT'l STATE PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OTHANA KUMUWAIWAi`AiNA STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 January 9, 2023 IN REPLY REFER TO: Project No.: 2023PR00297 Document No.: 2401 JLP02 Architecture Matthew Holtkamp, Senior Architectural Historian EBI Consulting 6876 Susquehanna Trail South York, PA 17403 mholtkamp@ebiconsulting.com Dear Matthew Holtkamp, RE: National Historic Preservation Act, Section 106 Review FCC Tower Construction Notification—TCNS ID 262819 Project Name/Number—AT&T HIL03306/15965419 11-3049 Volcano Road, Volcano—New Tower Owner Name: International Church of the Foursquare Olaa Ahupuaa, Puna District, Island of Hawaii TMK: (3) 1-1-020:159 This letter provides the State Historic Preservation Division's (SHPD's) review of the Federal Communications Commission (FCC) Tower Construction Notification received from EBI Consulting, on behalf of AT&T Mobility, LLC. The project is subject to historic preservation review in accordance with Section 106 of the National Historic Preservation Act (NHPA). The SHPD received this submittal on March 1, 2023, which included the following: [X] Letter dated February 27, 2023, from EBI Consulting requesting preservation review and the State Historic Preservation Officer's (SHPO'so concurrence with a project effect determination of no historic properties affected on behalf of AT&T Mobility,LLC, and the FCC; [X] FCC Form 620; [X] HRS 6E Submittal Form; [X] TMK Map, Construction Plans, Photographs, and other supporting documentation; and Planning Dept. Exhibit 2 Matthew Holtkamp January 9,2024 Page 2 EBI Consulting determined that this project is an undertaking as defined in 36 CFR 800.16(y) and that the area of potential effect (APE) comprises a 1,440-sq.-ft. portion of the 5.7-acre subject parcel. The applicant proposes to construct a 150-ft.-tall monopine tower with support equipment within a 36 ft. by 40 ft. lease area. Subsurface disturbance will include excavation installation of the monopine (6 ft. deep), a concrete pad that will house an equipment shelter and generator(-11 ft. by 5 ft. by 1 ft. deep), and installation of a chain-link fence and two utility poles (3-4 ft. deep). SHPD records indicate that no archaeological inventory survey (AIS) has been conducted within APE and that no archaeological historic properties has been identified. Aerial imagery indicates that the project locations have been previously graded. Low potential exists for the project to encounter intact subsurface historic properties. The SHPO concurs with a project effect determination of no historic properties affected pursuant to 36 CFR 800.4(d)(1). EBI Consulting and FCC are the offices of record for this undertaking. Please maintain a copy of this letter with your environmental review record. Please contact Jessica Puff, Architecture Branch Chief, at Jessica.Puff@hawaii.gov if you have any questions. Sincerely, Nail Downey Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer CC: Alex Roy, alex.roy@hawaiicounty.gov Erika Reyes, ereyes@clinellc.com JOSH GREEN,M.D. •P�',�958,'9 DAWN N.S.CHANG GOVERNOR I KE KIA'AINA 0: CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE L`gg �� COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KIA'AINA ;t i�S' k i= MANAGEMENT and and Ors Ndtl :� 11 STATE OF HAWAI9 KA MOKU`AINA`O HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES State OfHa"'a" KA`OIHANA KUMUWAIWAI `AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 January 17, 2024 MEMORANDUM FROM: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(-hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terragoahawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMahawaii.gov) _Office of Conservation & Coastal Lands X Land Division— Hawaii District (gordon.c.heitahawaii.gov) X Aha Moku Advisory Committee (leimana.k.damate(aDhawaii.gov) To: FROM: Russell Y. Tsuji, Land Administrator xsuj� SUBJECT: Use Permit Application (PL-USE-2023-000008)—Request to Construct a New Telecommunications Facility, Including a 150-Foot Tall Monopine Tower and Equipment Compound LOCATION: 11-3049 Volcano Road, Volcano, Island of Hawaii; TMK: (3) 1-1-020:159 APPLICANT: County of Hawaii on behalf of AT&T Mobility Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 8, 2024. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(a)hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (�/) Comments are included/attached. Signed: Qz: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Jan 26, 2024 Attachments cc: Central Files Planning Dept. Exhibit 3 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Use Permit Application(PL-USE-2023-000008)—Request to Construct a New Telecommunications Facility, Including a 150-Foot Tall Monopine Tower and Equipment Compound Location: 11-3049 Volcano Road, Volcano, Island of Hawaii TMK(s): (3) 1-1-020:159 Applicant: County of Hawaii on behalf of AT&T Mobility COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (fhat.hawaii.gov) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: e*r CARTY S. CHANG, CHIEF ENGINEER Date: Jan 26, 2024 JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH q6.........�!4 GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE =L y.v ;xs 4Qq ...............off', �'O.utraom STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAII 96721-0916 MEMORANDUM DATE: January 19, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Use Permit Application (PL-USE-2023-000008) Applicant: AT&T Mobility Request: To Construct a New Telecommunications Facility, Including a 150- Foot Tall Monopine Tower and Equipment Compound Tax Map Key: (3) 1-1-020:159, Puna, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii._gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning Dept. Exhibit 4 Zendo Kern January 19, 2024 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https:Hhealth.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hltps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Zendo Kern January 19, 2024 Page 3 of 4 Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb(audoh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Other Zendo Kern January 19, 2024 Page 4 of 4 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 6, 2024 790"W0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: USE PERMIT APPLICATION (PL-USE-2023-000008) Applicant: AT&T Mobility Request: To Construct a New Telecommunications Facility, Including a 150-Foot Tall Monopine Tower and Equipment Compound TMK: 1-1-020.159 We have reviewed your submittal dated January 16, 2024 and offer the following comments for your consideration: 1. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 5 County of Hawaii is an Equal Opportunity Provider and Employer Mitchell D.Roth �N<v of Diane Nakagawa Mayor , . Finance Director Deanna S. Sako Aaron K.H.Brown Managing Director _ Deputy Director ,T!OF.M'gl County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hi�y. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: January 30, 2024 Tax Map Key: 1-1-020-159-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ❑ There are no comments at this time Remarks: Appraiser to Contact: Saesha Hanselman Phone: (808) 961-8857 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent / Amounts $ Amount includes tax, penalty & interest up to Remarks: 2nd installment due Feb, 2024 not yet paid Collection personnel to contact: Karen Visaya Phone: 808-961-8290 Planning Dept. Exhibit 6 Hawai`i County is an Equal Opportunity Provider and Employer