Narrative for Conditional Use Permit Application Proposed AT&T Wireless Communications Facility Koochiching County CUP#1103 (Revised, updated and submitted on April 22, 2011 to be added to official record and replace previously submitted narrative in conjunction with the above referenced CUP application) Introduction This narrative is to serve as supplementary information related to conditional use permit application to for a wireless communications facility. The applicant is New Cingular Wireless PCS, LLC but is more commonly referred to as AT&T. James Ries of Buell Consulting, Inc. is applying on AT&T s behalf as their agent and representative. There is currently very limited or no available coverage along MN Highway 11 the further east you travel from International Falls. The proposed wireless communications facility is designed to fill this gap in coverage and significantly improve the wireless service provided by AT&T in this area to its residence, businesses and visitors alike. The site is designed to both establish new coverage and improve AT&T s existing, but very limited, coverage in the area. In addition the tower will improve emergency service coverage. Please reference Exhibit 1, Map 1 to see current coverage in this area and Exhibit 1, Map 2 to see how the coverage will be greatly improved with the new proposed facility. According to the Koochiching County Health and Human Service Needs Assessment, Oct. 2009, approximately 80% of Koochiching County s population lives within 20 miles of International Falls. This fact helps highlight where the need for wireless service exists and why AT&T is seeking to improve their coverage here, as this is where the majority of users needing mobile phone, wireless internet and improved emergency service are located. Summary of Project AT&T is proposing a wireless communications facility in section 34 of Township 71 North, Range 23 West (Please see Exhibit 4 for reference). The facility will be located near the end of CR 109 which is locally known as the KOA Road. The nearest street address to access the property is 2229 County Road 109. The wireless communications facility being proposed includes a 350 guyed tower and equipment shelter. The base of the tower is enclosed in 60 x 60 fenced compound. The construction drawings included with the CUP submission provide additional details regarding the design. Located within the fenced compound will be a prefabricated concrete equipment shelter measuring 12 x 28 x 10 (W x L x H). It s an unmanned facility not intended for human inhabitation. It provides protection from the elements for the ground equipment as well as a service technician when maintenance or emergency service is required. Each guyed anchor point
is also fenced for safety and security. A 12 wide gravel road will be constructed for access to the site and is depicted on the drawings included with the application. History This project was previously reviewed by the Koochiching County Planning Commission on Thursday, October 14 th, 2010. At this hearing the motion by the Planning Commission was to table the item until an Environmental Assessment Worksheet (EAW) was completed. An EAW is defined as: A screening tool to determine whether a full environmental impact statement is needed. The worksheet is a six-page questionnaire about the project s environmental setting, the potential for environmental harm and plans to reduce the harm. An EAW is required only under certain circumstances as outlined by Minnesota state statute. The EAW is administered by the Regional Government Unit (RGU), whom it this case is Koochiching County. In this instance it was being required because the proposed tower was over 300 in height and within 1,000 from a navigable body of water. The EAW is no longer required as the new proposed location in this application, as it is outside the 1,000 requirement thus reducing the potential environmental impact. This also reduces the use of limited resources for both the applicant and the county as it relates to completing the EAW process. Location Selection As is the case with any type of construction project or new development, when selecting a potential location several factors are taken into consideration. These factors include, but are not limited to, the following: Location relative to the coverage objective Existing towers or other structures available for collocation Local zoning authority requirements Leasable land Vicinity of utilities (power and telephone) Existing access and/or difficulty to build access Environmental considerations (wetlands, historic property, etc.) Soil type suitable for construction Ground elevation/topography of the area Vicinity to neighboring properties On Exhibit 2 Maps #1 and #2, you will see a majority of the land surrounding the proposed tower has a wetland designation. This does not mean construction in these areas is impossible but does create additional considerations depending on the wetland type and would require further due diligence and potentially increase the environmental impact if situated in a wetland area.
Alternate location considerations Since this project s inception in the fall of 2009, there have been several alternate locations considered. However, extensive and exhaustive research has narrowed down the current location as the one that best meets all necessary criteria for this facility. For reference, five of the alternatives previously considered but denied for various and significant reasons are briefly summarized below. All of these were revisited after the Koochiching County Planning Commission meeting on October 14 th, 2010 at the County s request. Minnesota Department of Transportation ARMER Project Michael Hogan, the Communications Planning Director of Minnesota Department of Transportation, was contacted regarding the recently proposed Mn/DOT towers in Koochiching County as part of the ongoing Allied Radio Matrix for Emergency Response (ARMER) project. Upon AT&T s review of the planned tower locations for this area, there were no planned towers as part of the ARMER project proposed in the vicinity to be utilized. Koochiching County Gravel Pit Prior to any application being made, Koochiching County was approached regarding the possibility of a facility located on the county owned gravel pit east approximately 2.6 miles of current proposed location on the south side of MN Highway 11. The potential location would have required the access road to either cross wetland areas or require the tower to be built on very rocky soil which could cause difficulty with foundation construction. The county indicated they did not want to limit their future use of the property for gravel mining or similar activities as this is the property s primary function. Also there are potential safety concerns when locating a tower in close vicinity of an active gravel pit. MN DNR Ranger tower The existing DNR ranger tower located east approximately 4.25 miles of current proposed tower location, north of Highway 11 was also reviewed as a possible location. This site does not work for a number of reasons. Most importantly, this location does not provide the coverage necessary to provide local residents, businesses, and visitors with the adequate or reliable service they require. Please see Exhibit 1, Map 4 which shows the lack of coverage if this structure could be utilized for collocation. VanLynn Road (North of CR 24) A tower commonly referred to as the VanLynn Road Tower was also taken into consideration. This tower is approximately 3 miles to the southwest from the proposed location. Utilizing this site would not allow AT&T to provide the coverage that is needed. It is located too close to existing AT&T site to the north in International Falls. Just as adjacent sites too far apart create coverage gaps, adjacent sites too close can create overlap which causes interference.
State and Federal Land We also inquired with the local DNR office regarding the potential use of DNR land in the area. We spoke with Joe Rokala regarding potential locations. Unfortunately there did not appear to be a more suitable location for a proposed tower on government controlled land in the area. Much of the land was heavily wooded or wetland. In addition, accessibility from existing roadways and availability for power and landline telephone was also very limited. Concessions Since the initial application in 2010, AT&T has made several changes to the project. The changes made were intended to accommodate the requests and/or incorporate the suggestions made by the Koochiching County Planning Commission, Koochiching County Board of Commissioner Members (based on discussion at the October 26 th, 2010 meeting) as well as members of the public. 1. Relocated Tower The new location is approximately 933ft. further east from previous location. This situates the tower further from any neighboring residence on neighboring parcels and further from lake as it relates to view shed. The new location also provides more natural screening from surrounding trees. The new location reduces the potential environmental impact by being outside the EAW requirement area. Please view Exhibit #5. 2. Reduced Tower Height The overall height including all appurtenances such as the lighting rod is 350 with the antennas now being mounted at 335 centerline. Previously the overall height including all appurtenances totaled 377 (including a 7 lighting rod), with the antennas located at 365. The height reduction was intended to further reduce the visual impact of the tower. The overall coverage is negatively impacted by reducing the height of the antennas but a majority of the coverage objective can still be achieve at this height. 3. Re-evaluated alternate locations at County s request As is mentioned above, five other potential locations were re-evaluated at the County s request. In addition other privately held land in the area was reviewed. Ultimately the best alternative is the location at which the tower is now being proposed.
Koochiching County Code Compliance Article 6 Standards for Specific Uses Section D. Towers Communication and Wind. Text from the ordinance is in italic with a response below. 1. Conditional Use Permit Required. A communication or wind tower may be allowed as a conditional use in any district where they are listed as a conditional use. A communication or wind tower shall obtain a conditional use permit as provided for in Article 9 and shall meet all of the applicable requirements in the this section. The property is zoned AF-1, Agriculture-Forestry District. Pursuant Section H, #3. Uses Authorized by Conditional Permit, letter m, the tower being proposed is allowable in this district as a conditional use. 2. Communication Towers. Communication towers, whether a principal or accessory use, shall conform to all the following requirements: a. The application must provide sufficient proof that the equipment meets Federal Communication Commission requirements and that it will not interfere with existing communications for public safety services. AT&T must be in compliance with all FCC requirements in order to maintain their licensure to operate their network. Therefore the equipment must be in compliance with current standards. Additional documentation may be provided at the County s request. Currently there is no public safety equipment planned to be installed on the proposed tower and therefore no interference concerns. This requirement would be more applicable if the proposed equipment were being added to an existing state or county owned tower that already had emergency communications equipment on it. Also please see the next section titled Compliance and Licensing for additional information. b. All obsolete or unused tower and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is granted by the County Board of Commissioners. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities and the landowner shall be responsible for the removal of facilities and restoration of the site. As this is a requirement of the code, AT&T agrees to remove the equipment and tower if the structure is no longer being used.
Compliance and Licensing AT&T is licensed to with the Federal Communications Commission (FCC) for their use of the frequency ranges to provide personal communication service (PCS). In order to maintain its license(s), AT&T needs to stay in compliance with latest standards put in place by the federal government in order to guarantee continues operation of its network. Please see Exhibit 3 for a letter from AT&T s Regulatory Relations Manager. AT&T also completes the necessary Federal Aviation Administration (FAA) registration procedures as are applicable for communications towers. This includes an FAA evaluation to verify if the proposed tower is a hazard to any registered public or private airstrips with the FAA. Any marking or lighting on the tower is based on FAA requirements. No additional lighting or marking beyond what is required will be installed. All wireless communications towers require some marking when over 200. Currently the FAA determination is still in process. It s important to note that the previous location at a higher tower height of 377, received a determination of no hazard. It s reasonable to assume the new location at the lower height will likely not be a hazard. Upon completion of the FAA determination a copy may be provided to the county upon request. In addition, all structures supporting antennas are required to complete an Antenna Structure Registration ( ASR ), which AT&T completes as part of its regulatory compliance procedures for all projects. Conclusion We respectfully request approval of the conditional use permit based the facts presented herein. The wireless communications facility not only will serve wireless users in the area, but will also provide a location for future carriers to add equipment for collocation, thus limiting the need for more towers in the area. After diligently reviewing several options, the current proposed location has been deemed the best fit when all the variables related to this type of project are taken into consideration.
Exhibit 1 Coverage Maps Map 1 - Current coverage Map 2 - Future coverage (new tower depicting neighboring sites) Map 3 - Future coverage (new tower only) Map 4 - Proposed coverage if DNR Ranger tower was used Map 5 - Future county wide coverage
Map 1 Wetlands map Map 2 Wetlands map further west Exhibit 2 Wetland Maps
Exhibit 3 FCC Compliance Letter from Mary Jo A. Carlson Manager Regulatory Relations
Exhibit 4 Plat Map as provided by Koochiching County Pages from most recent plat book Township 70 North 23 West and Township 71 North 23 West.
Exhibit 5 Aerial photograph and map along with photographs taken from proposed tower location facing North and West.
Sources http://www.co.koochiching.mn.us/ Koochiching County Health and Human Service Needs Assessment, Oct. 2009 www.fcc.gov www.faa.gov http://www.eqb.state.mn.us/ http://www.fws.gov/wetlands/data/mapper.html http://www.dot.state.mn.us/oec/