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Nepa
Wetlands Nepa

 

 

 

1. What is NEPA?

bulletNEPA is the National Environmental Policy Act, signed into law in 1970.
bulletAll federal agencies must comply with NEPA and make environmental consideration a necessary part of the agencies’ decision-making process.
bulletSpecifically, the agencies should take into account environmental consequences when making decisions that could become "major actions".

 

2. Who does SAGE perform NEPA-evaluations for?

Personal Wireless Service Providers

 

 

3. Why?

bulletThe Federal Communications Commission (FCC)’s Wireless Telecommunications Bureau (WTB) complies with NEPA under Subpart I of the FCC’s rules, 47 C.F.R.
bulletWTB requires that an evaluation for the licensee’s actions be conducted prior to the proposed site development.
bulletSpecifically, the wireless holders are responsible for considering the environmental/and or cultural effects of their proposed construction plans, including but not limited to: towers, transmission stations, buildings, and access ways leading to these structures.

 

4. What is evaluated?

Under the rules implementing NEPA, the FCC lists eight criteria to be evaluated for environmentally sensitive areas or potentially significant impact.

bulletFacilities that are to be located within an officially designated wilderness area.
bulletFacilities that are to be located in an area of officially designated wildlife preserve.
bulletFacilities that: (1) may affect listed threatened, or endangered species or their critical habitat. (2) are likely to jeopardize the continued existence of any proposed endangered or threatened species, destroy, or adversely modify proposed critical habitats as determined pursuant to the Endangered Species Act of 1973.
bulletFacilities that may affect districts, sites, buildings, structures, or objects, significant in American history, architecture, archeology, engineering, or culture, that are listed, or are eligible for listing in the National Register of Historic Places.
bulletFacilities that may affect Indian Religious Sites.
bulletFacilities, whose construction involves significant alterations in surface features (e.g. wetland fills, deforestation, or water diversion).
bulletFacilities that are to be located in a 100-year floodplain.
bulletAntenna towers and/or supporting structures that are to be equipped with high intensity white lights which will be located in residential neighborhoods as is defined by the applicable zoning law.
bulletAdditionally, an evaluation for radio-frequency emissions is included.

 

 

  1. How are the evaluations performed?

SAGE performs seven out of the eight listed requirements for NEPA-evaluation.

bulletWe utilize the database search known as GIS (Geographical Information Systems) to perform the evaluation for wilderness areas, wildlife preserves, critical habitats, endangered species, floodplains, and surface features. Accuracy of this system is approximately 95%.
bulletTo determine whether a proposed site significantly impacts historically or archaeologically sensitive properties of national significance, SAGE makes inquiries to the appropriate State Historic Preservation Officer (SHPO). Upon receipt of our request, the SHPO has approximately 30 days to turn over a response for the site. –For Massachusetts sites, SAGE researches the information prior to our inquiry from the SHPO. Our research is conducted at the Massachusetts Historical Commission (MHC) in Boston where they make information regarding historical and archaeological available to the public. –SAGE conducts this research to prepare for the SHPO’s response and to let our client know about any potential impact the historic properties.
bulletEvaluation for high intensity white lights is completed by the engineer working for the telecommunications provider. It is not an evaluation that SAGE performs.
bulletTo determine whether or not Indian Religious Sites will be impacted, inquiries are made to the authorized official in charge of these burial areas for each state.
bulletWetland delineations are made upon request of the wireless provider to mark out the surrounding land of a proposed site for any wetlands or wetland vegetation. If wetlands are observed within proximity to the proposed telecommunications site, a 100-foot buffer zone is set up. The buffer zone marks the exact distance from a wetland or its vegetation that construction is allowed.

 

6.  What happens after the NEPA-evaluation?

bulletUpon completion of these eight criteria, SAGE produces a well-documented NEPA report of the findings for the client.
bulletIf the proposed construction does not fall under any of the listed categories, then the telecommunications provider may proceed with their proposed project without providing any documentation to the WTB.
bulletSAGE will retain a copy of the NEPA evaluation in case a situation ever evolves in which we need to defend our determinations to the WTB, or if any "interested parties" are attempting to hinder or slow down the construction schedules.
bulletIf it is determined that the proposed construction plans will fall under one or more of the listed categories, then the wireless provider is responsible for filing an Environmental Assessment (EA) with WTB. This filing will then become a "major environmental action".
 

 

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Copyright © 2001 SAGE Environmental, LLC
Last modified: June 26, 2001