Viaero Response to Comments on Arabia Tower

These are the responses provided to pre-hearing comments by a “site acquisition specialist” for Viaero Wireless as provided to the Cherry county zoning administrator. The comments are based upon a February 4, 2016 document provided to this county office prior to a public hearing of the county planning board. Each item noted in the per-hearing document was individually considered.

The following is a verbatim response to indicated questions.

"Subject: VIAERO WIRELESS Valentine, NE Southeast Site

"In response to Mr. Ducey's List of Questions (see attached numbered Questions,) I am responding with the following Answers.

"1. The Site is somewhat ½ way between our Valentine Site and Wood Lake Site where Frequency Strength needs to be centrally improved.

"2. An Alternate Location is not needed if a Landowner is open-minded to the improvement being close to his/her Headquarters, Hwy. 20 & Cowboy Trail where the Public can depend on the GSM Network.

"3. Viaero Wireless has a Programmatic Agreement with the U.S. Fish & Wildlife. U.S. Fish & Wildlife does not have any concerns if we follow their requirements.

"4. Nebraska Game and Parks were contacted. * See executed Cowboy Trail Crossing License and Nebraska Game and Parks Commission Cowboy Trail Encroaching License Agreement.’

"5. The impact is to the Publics’ Advantage where the increased Frequency Strength will improve the performance of the Hand-Held Device if they are a GSM Customer.

"6. Yes, the Improvement will be seen from Hwy. 20 and Cowboy Trail.

"7. FAA's Determination Letter states the Tower does not need to be lighted/marked and is safe for Air Navigation. Motion Lights will be installed on the Aggregate Building.

"8. I am not aware of the Number of Sites, but w/the size of Cherry County, NOT ENOUGH!

"9. I am not aware of the different Types of Towers and Monopoles in Cherry County. They were all constructed to meet Local, State & Federal Guidelines.

"10. 'Degradation' is a Term from Personalities 'Attitude', if not proven. Personally, there is not much difference of a Cell Tower, Wind Generator, Gran Bin Facility w/a tall Elevator Leg, Electrical Substations, Etc. ..., when comparing their needed Uses and Benefits.

"11. U.S. Fish & Wildlife has studies on this item. If they were concerned, we would've received correspondence from them.

"12. U.S. Fish & Wildlife is aware of this item. If they were concerned, we would've received correspondence from them. This Tower will not have any Guyed Wires.

"I am looking forward to the rescheduled Planning Commission's Public Hearing with their Recommendation forwarded to the County Board of Supervisors."

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The planning board will meet on February 22nd, at 4:00 p.m. at the county office building.

Questions Regarding Proposed Arabia Locality Cellular Tower

Prepared by James E. Ducey of Valentine; for the February 2, 2016 hearing of the Cherry County Planning Board, as based upon the application for a conditional use permit.

After reviewing the application for placement of a cellular tower by Nebraska Colorado Cellular (d.b.a. Viaero Wireless), it is apparent that several factors in regards to the proposed tower siting have not been addressed. The following items should be suitably addressed in association with the permit request, before a permit is issued.

How was the location for the proposed Arabia tower determined?

Were alternative locations considered for tower placement so it would be further from the Cowboy Trail?

What sort of environmental review was conducted for the proposed tower (i.e., refer to review done by the Fish and Wildlife Service for Verizon cellular tower at Crookston)?

Since the tower is adjacent to the Cowboy Trail, has the applicant contacted the Nebraska Game and Parks Commission for their view in regards to the tower being placed near a trail parking lot used by many visitors to this important county resource?

How has the applicant evaluated the impact(s) of the cellular tower on features associated with the Cowboy Trail?

Will the ground facilities and fencing be visible from the Cowboy Trail, and/or Highway 20?

Will there be security lighting at the ground facilities? If so, how will lighting be minimized to reduce light pollution (i.e., down-shielded or motion-sensored)?

How many Viaero cellular towers are located in Cherry county?

How many are self-supporting, and how many have guy wire support?

How has Viaero mitigated for the degradation of values associated with these towers, as well as the proposed Arabia tower (i.e., landscape view degradation; or, degradation in dark sky settings for which the sandhills is nationally recognized)?

Has Viaero evaluated the cumulative impact of these towers on birds protected by the Migratory Bird Treaty Act?

How will Viaero comply with avoiding impacts to migratory birds during disturbance during construction of the tower at the Arabia locality?