Agreement with Energy Northwest for telecommunications equipment, Packwood Lake Hydroelectric facility BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-114
APPROVING AGREEMENT BETWEEN LEWIS COUNTY
AND ENERGY NORTHWEST FOR
TELECOMMUNICATIONS EQUIPMENT AT THE SURGE
TANK AT THE PACKWOOD LAKE HYDROELECTRIC
FACILITY AND AUTHORIZING SIGNATURES THEREON
WHEREAS, The Board of County Commissioners has reviewed a Co-Location and
Indemnity Agreement between Lewis County, Washington, and Energy Northwest for
telecommunications equipment at the surge tank at the Packwood Lake hydroelectric
facility in Lewis County, Washington; and
WHEREAS, said renewal shall be for a period of five (5) years, subject to terms and
conditions of the agreement; and
WHEREAS, it appears to be in the best public interest to authorize the execution of
said agreement for Lewis County.
NOW THEREFORE BE IT RESOLVED that the aforesaid agreement is hereby approved
and the Chairman of the Board of County Commissioners is authorized to sign the
same.
DONE IN OPEN SESSION this 6th day of April, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
�.GpLtV :H,�S.•
ATTEST: Edna J . Fund
:37PRD OF', Y
0° ',c•Fdna J. Fund, Vice Chair
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Rieva Lester •• •`' .'.°� Robert C. Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
0 ENERGY
NORTHWEST
INTERAGENCY/INTER-LOCAL AGREEMENT NUMBER X-40657
BETWEEN
ENERGY NORTHWEST AND LEWIS COUNTY
CO-LOCATION AND INDEMINITY AGREEMENT
As provided under RCW Title 39, Chapter 39.34, this Co-Location and Indemnity
Agreement (the "Agreement") is by and between Lewis County, a political
subdivision of the State of Washington, with offices located at 351 NW Pacific
Avenue, Chehalis, WA 98532 (hereinafter referred to as "Customer" or "Lewis
County"), and Energy Northwest, a municipal corporation and joint operating agency
of the State of Washington and doing business by and through its Packwood
Generating Project Fund, with its principal office at 3000 George Washington Way,
Richland, WA 99354 (hereinafter"Energy Northwest" or"EN").
WHEREAS, EN owns and/or manages a special use permit/communications
use authorization between EN and the U.S. Forest Service (FS), known as and
incorporated herein by reference as the Packwood Lake Communications Site
Management Plan ("Communications Plan", signed September 25, 2012 (Exhibit A);
WHEREAS, EN is allowed to rent space in or on EN's communication site in
accordance with the provisions of Communications Plan;
WHEREAS, Lewis County has a need to utilize space in or on EN's
communication site to help fulfill the needs of the public to provide adequate
communications, including but not limited to, emergency communications;
WHEREAS, EN finds it beneficial to protect its business interests to provide
Lewis County with space in or on EN's communication site so that adequate
communications can be provided to the public, of which EN is one.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and intending to be legally bound, the parties hereto agree as follows:
1. AUTHORITY AND PURPOSE
This Agreement is executed pursuant to Chapter 39.34 RCW as a
cooperative endeavor of the Parties. The purpose of this Agreement is to
establish a contractual relationship under which Lewis County will be
permitted to locate, operate and maintain its own telecommunications
equipment onsite at the Packwood Lake Hydroelectric Project and to set forth
the Parties' respective rights, obligations, costs and liabilities for this
undertaking. This Agreement shall be reasonably construed in furtherance of
this purpose.
As authorized by the Communications Plan, EN shall permit the Customer
to utilize certain portions of EN's communication site described as follows:
Surge Tank located at the Packwood Lake Hydroelectric Project, hereafter
referred to as "Premises." The legal description of the Surge Tank is:
Section 23, Township 13N, Range 9E, W.M.
Elevation of Tank Base - 2780 feet; Elevation of Tank Top - 2915
feet;
North 46 degrees 36 minutes 8.3 seconds; West 121 degrees 38
minutes 8.0 seconds.
Specifically, the Customer has a nonexclusive right to utilize space on the
Surge Tank and the Utility Building at the tank base, (hereafter referred to
as "Co-Location Space'') together with rights of ingress and egress to the
premises over FS Road 1620, and the existing spur road to the premises,
solely for the purposes set forth in Article 2. PERMITTED USES. The
permission granted under this Agreement is in accordance with and sub;ect
to terms imposed in the Communications Plan, and shall not be construed
to convey any right, title, or interest in the Premises. Further, Customer
represents that the rights granted to it under this Agreement shall in no way
hinder or impact any EN business operation.
2. PERMITTED USES
Customer is authorized to utilize said Premises for the purposes of locating,
operating and maintaining its own telecommunications equipment in
accordance with applicable laws, regulations and requirements, and the
Communications Plan. Said Premises shall be utilized solely for such
purpose(s) and for no other purpose. This Agreement constitutes the
assignment by EN for the installation of personal property, owned or leased
by Customer (collectively, the "Equipment") at the Premises. The FS may
request EN or require a change to the initial configuration of Customer's
antenna and supporting equipment with 60 days' notice to Customer;
provided that such change(i) shall not unreasonably disturb or interfere with
Customer's business operations and (ii) shall be at Customer' sole cost.
3. RESTRICTIONS ON USE
Customer, at its sole expense, shall cause the Co-Location Space and all
aspects of its business operations and occupancy of the Co-Location Space
to be continuously in compliance with all laws, ordinances, regulations, and
the Communications Plan, now or hereinafter enacted concerning the Co-
Location Space on the Premises.
4. ANNUAL TECHNICAL INSPECTION
Customer must validate their business name, contact information and type
of use (i.e., private mobile radio service or non-commercial educational feed
signal). Customer must perform an inspection annually by September 30
and document its inspection on the Inspection Checklist, a sample of which
is attached as Appendix ID to the Communications Plan (Exhibit A). All of
the information must be submitted to the EN authorized officer in order for
EN to complete a certified statement to the USFS by October 15 of each
year.
5. INSTALLATIONS/ALTERATIONS/IMPROVEMENTS
Any installations. alterations, improvements, or repairs made by Customer
shall be at Customer's own expense and shall be done only at times and in
conformity with plans and specifications approved in advance in writing by
EN, by qualified staff of the Customer or a licensed contractor approved in
advance in writing by EN, and in accordance with all laws, rules, regulations,
ordinances and requirements of governmental agencies, offices and boards
having jurisdiction. if requested by EN, Customer will post a bond or other
security reasonably satisfactory to EN to protect EN against liens arising
from work performed for Customer. All work performed shall be done in a
good workmanlike manner and with material (when not specifically
described in the specifications) of the quality and appearance customary in
the trade for first-class construction of the type in which the Co-Location
Space is located.
6. DURATION
The duration of this agreement, subject to its other provisions, shall be for
five (5) years from its effective date or until terminated by either party herein.
7. FILING
This Agreement shall be effective only upon execution by the Parties and
filing with the Lewis County Auditor and/or posting an electronic copy of the
•
Agreement on the Parties' respective websites or other electronically
retrievable public source in compliance with RCW 39.34.040.
8. CONSIDERATION
The Parties acknowledge that each Party receives a mutual benefit under this
Agreement.
Lewis County is allowed to co-locate on or in EN's communication space in
accordance with the requirements of the Communications Plan to provide a
public service including but not limited to emergency communications, Lewis
County will be responsible for the expenses associated with its own
communication equipment, inspection, and maintenance.
In exchange, EN will receive the benefit of emergency communications at its
Packwood Lake Hydroelectric Project. This is important for maintaining
reliable power operations to Lewis County and the Pacific Northwest.
Attorney Fees. Any attorney fees, court costs, or other costs incurred by EN
in collection of delinquent accounts associated with this Agreement shall be
paid by Lewis County in the event EN was the prevailing party.
Taxes. Lewis County shall pay all state, local sales and use taxes, and
leasehold excise taxes applicable to goods and services provided under this
Agreement. EN shall include sales tax charges, separately identified, in the
EN invoices to Lewis County.
9. INDEMNIFICATION AND LIABILITY
9.1 Indemnification. To the extent of its comparative liability, each party
shall indemnify, defend, and hold the other party, its departments,
elected and appointed officials, employees, and agents harmless from
and against any and all claims, demands, damages, losses, actions,
liabilities, costs,and expenses, including attorney's fees, for any bodily
•
•
injury, sickness, disease, or death, or any damage or destruction of
•
• property, including the loss of use therefrom, which are alleged or
• proven to be caused in whole or in part by a negligent act or omission
of the other party, its officials (elected or appointed), officers, directors,
employees and agents.
9.2 Mutual Indemnity. If a claim, suit or action for injuries, death or
• damages as provided for in the preceding paragraph is caused by or •
results from the concurrent negligence of the Parties or their
respective agents or employees,the indemnity provision shall be valid
and enforceable only to the extent of the indemnitor'slindemnitee's
• negligence.
•
•
9.3 Industrial Insurance Act, Tne indemnification obligations contained in
Section 9.1 shall not be limited by any worker's compensation,
benefit or disability laws, and each indemnifying party hereby waives
• any immunity that said indemnifying party may have under the
Washington Industrial Insurance Act, Title 51 RCW, and similar
worker's compensation, benefit or disability laws. THE PARTIES
ACKNOWLEDGE BY THEIR EXECUTION OF THIS AGREEMENT
THAT EACH OF THE INDEMNIFICATION PROVISIONS OF THIS
1 AGREEMENT (SPECIFICALLY INCLUDING BUT NOT LIMITED TO
THOSE RELATING TO WORKER'S COMPENSATION BENEFITS
AND LAWS) WERE SPECIFICALLY NEGOTIATED AND AGREED
TO BY THE PARTIES.
9.4 Limitation of Liability. Except for the indemnifications set forth in
Section 9.1, neither Party shall be liable for any special, indirect,
consequential, lost profits, or punitive damages. The limitation of
liability set forth herein is for any and all matters for which the Parties
may otherwise have liability arising out of or in connection with this
Agreement, whether the claim arises in contract, tort (negligence of
whatever degree), strict liability, under any warranty, or under any
other legal or equitable theory of law, of any nature arising at any time
from any cause whatsoever.
9.5 Lewis County agrees to limit EN's liability to Lewis County for any
damage on account of any error, omission or negligence to the amount
of the assets of the Packwood Generating Project Fund of EN.
Obligations of the EN Packwood Generating Project Fund are not, nor
shall they be construed as, general obligations of EN or other EN
projects or funds.
10.INSURANCE
10.1 Each party shall secure and continuously carry in effect, with an
} insurance company or solvent risk pool, insurance/liability coverage
as set forth in this Section 10.
10.2 Each party shall maintain insurance/liability coverage for bodily injury
and property damage. Such insurance/liability coverage shall include
provisions that such insurance is primary insurance with respect to the
interest of each party, and that any insurance maintained by the party
is excess and not contributory insurance with insurance required
hereunder; and provisions to include broad form comprehensive
liability and blanket contractual liability. Initial limits of liability for all
required under this paragraph shall be $1 Million ($1,000,000)for each
•
occurrence and $2 Million ($2,000,000) general aggregate, The
parties agree that risk pool coverage that is equivalent to the values
identified herein is satisfactory to meet the requirements of this
section.
10.3 All coverage required hereunder shall not be canceled without thirty
(30) days prior written notice to the other party.
10.4 Survival. Sections 9 and 10 shall survive the expiration or termination
of this Agreement for any reason.
11.MISCELLANEOUS
11.1 Insecurity and Adequate Assurances. If reasonable grounds for
insecurity arise with respect to Lewis County's ability to pay for the
Services in a timely fashion, EN may demand in writing adequate
assurances of Lewis County's ability to meet its payment obligations
under this Agreement. Unless Lewis County provides the assurances
in a reasonable time and manner acceptable to EN, in addition to any
other rights and remedies available, EN may partially or totally
suspend its performance while awaiting assurances, without liability to
Lewis County.
11.2 Severability. Should any part of this Agreement for any reason be
declared invalid, such decision shall not affect the valid'ty of any
remaining provisions, which remaining provisions shall remain in full
force and effect as if this Agreement had been executed with the
invalid portion thereof eliminated, and it is hereby declared the
intention of the Parties that they would have executed the remaining
portion of this Agreement without including any such part, parts, or
portions which may,for any reason,be hereafter declared invalid. Any
provision shall nevertheless remain in full force and effect in all other
circumstances.
11.3 Waiver. Waiver or breach of this Agreement by either party shall not
be considered a waiver of any other subsequent breach
11.4 Independent Contractor. EN is an independent contractor to Lewis
County. No personnel furnished by EN shall be deemed under any
circumstances to be the agent, employee or servant of Lewis County.
11.5 Termination. Any party shall have the right to terminate this Agreement
• with or without cause at any time during the initial or extended term of
this Agreement by giving thirty (30) days' written notice of the
termination to the other party by regular mail to the person identified in
Section 11.6. Termination will be effective on the 31st day from the
date the written notice was sent.
11.6 Notices. All notices or other communications hereunder shall be in
writing and shall be deemed given when delivered to the address
specified below or such other address as may be specified in a written
notice in accordance with this Section.
If to EN: If to Lewis County:
Energy Northwest Lewis County
Attn: Debbie Barnes Attn: Martin Roy
P.O. Box 968 MD 1035 2025 ME Kresky Ave
Richland, WA 99352 Chehalis, WA 98532
Telephone: (509) 372-5494 Telephone: (360) 740-1183
Any party may, by notice given in accordance with this Section to the
other Parties, designate another address or person or entity for receipt
of notices hereunder.
11.7 Assignment. This Agreement is not assignable or transferable by
either party without the written consent of the other party, which
consent shall not be unreasonably withheld or delayed.
11.8 Disputes. EN and Lewis County recognize that disputes arising under
this Agreement are best resolved at the working level by the Parties
directly involved. Both Parties are encouraged to be imaginative in
designing mechanism and procedures to resolve disputes at this level.
Such efforts shall include the referral of any remaining issues in
dispute to a higher authority within each participating party's
11.9 organization for resolution. Failing resolution of conflicts at the
organizational level,then the Parties may take other appropriate action
subject to the other terms of this Agreement.
11,10 Section Headings. Title and headings of sections of this Agreement
are for convenience of reference only and shall not affect the
construction of any provision of this Agreement.
11.11 Representations; Counterparts. Each person executing this
Agreement on behalf of a party hereto represents and warrants that
such person is duly and validly authorized to do so on behalf of such
party, with full right and authority to execute this Agreement and to
bind such party with respect to all of its obligations hereunder.
11.12 Residuals. Nothing in this Agreement or elsewhere will prohibit or limit
EN's ownership and use of ideas, concepts, know-how, methods,
models, data, techniques, skill knowledge and experience that were
used, developed or gained in connection with this Agreement. EN and
Lewis County shall each have the right to use all data collected or
generated under this Agreement.
11.13 Non-solicitation of Employees. During and for one (1) year after the
term of this Agreement, Lewis County will not solicit the employment
of EN's personnel without EN's prior written consent.
11.14 Cooperation. Lewis County will cooperate with EN in taking actions
and executing documents, as appropriate, to achieve the objectives of
this Agreement. Lewis County agrees that EN's performance is
dependent on Lewis County's timely and effective cooperation with
EN. Accordingly, Lewis County acknowledges that any delay by Lewis
County may result in EN being released from an obligation or
scheduled deadline or in Lewis County having to pay extra fees for
EN's agreement to meet a specific obligation or deadline despite the
delay.
11.15 Governing Law and Interpretation. This Agreement will be governed
by and construed in accordance with the laws of Washington, without
regard to the principles of conflicts of law. Each Party agrees that any
action arising out of or in connection with this Agreement shall be
brought solely in courts of the State of Washington, in Benton County.
11.16 Entire Agreement: Survival. This Agreement, including,any Exhibits,
states the entire Agreement between the Parties and supersedes all
previous contracts, proposals, oral or written, and all other
communications between the Parties respecting the subject matter
hereof, and supersedes any and all prior understandings,
representations, warranties, agreements or contracts (whether oral or
written) between Lewis County and EN respecting the subject matter
hereof. This Agreement may only be amended by an agreement in
writing executed by the Parties hereto.
11.17 Force iviajeure. EN shall not be responsible for delays or failures
(including any delay by EN to make progress in the prosecution of any
Services) if such delay arises out of causes beyond its control. Such
causes may include, but are not restricted to, acts of God or of the
public enemy, fires, floods, epidemics, riots, quarantine restrictions,
strikes, freight embargoes, earthquakes, electrical outages, computer
or communications failures, and severe weather, and acts or
omissions of subcontractors or third Parties.
11.18 Use By Third Parties. Work performed by EN pursuant to this
Agreement are only for the purpose intended and may be misleading
if used in another context. Lewis County agrees not to use any
documents produced under this Agreement for anything other than the
intended purpose without EN's written permission. This Agreement
shall, therefore, not create any rights or benefits to Parties other than
to Lewis County and EN.
11.19 Entity Status. This Agreement shall rot require formation of any new
governance entity. No property wili be acquired or held, and no joint
board or administrator is necessary to accomplish the purpose of this
Agreement.
11.20 Records Retention. Lewis County shall, at its sole expense and in
compliance with the Washington State Archivist's retention schedule,
retain accurate books, records and original documentation originated
under the Agreement, which information shall be freely disclosed to
EN, its representatives, the Washington State Auditor, and the
Bonneville Power Administration to permit verification of performance
and EN's entitlement to payment under this Agreement, and to
support any change requests, termination claims or any other claim
submitted by EN. A copy of these records shall be available to EN
upon request.
11.21 Public Records. In the event Public Record Act requests are received
by either Party for records associated with this Agreement, the
Parties shall cooperate for purposes of responding to such requests;
provided, however, that nothing in this Agreement grants either Party
thereto the authority to limit or otherwise control the other Party's
responses under the Public Records Act. Instead, to the extent that
coordinated responses cannot be achieved as contemplated herein,
the disclosing Party shall provide written notice to the non-disclosing
party of its intent to disclosure responsive records. Such notice shall
be sufficiently advanced so as to allow the non-responding Party a
meaningful opportunity to seek court intervention prior to release.
11.22 Non-Discrimination. The Parties agree not to discriminate in the
performance of this Agreement on the basis of race, color, national
origin, sex, age, religion, creed, marital status, disabled or Vietnam
era veteran status, or the presence of any physical, mental, or
sensory handicap.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as
of the day and year last below written:
ENERGY NORTHWEST LEWIS COUNTY
Signature: .j(c.6;yu,f.L_ Signature:,:
Name: Debbie Barnes Name:
Title: Procurement Specialist Title: c, ,SA. C-1
Date: �j 2� fo S j0L ' Date: o
LI-2-7- Z.o2.0
EXHIBIT A
PACKWOOD LAKE COMMUNICATIONS SITE
MANAGEMENT PLAN
GIFFORD PINCHOT NATIONAL FOREST
COWLITZ VALLEY RANGER DISTRICT
RANDLE, WASHINGTON
9//4.1
Submitted By: Date:
District Ranger
3rest Supervi or ?„--)\ 4\\ �Z
Approved Date:
SIM
Page 2 of 29 ...
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Table of Contents
I. DEFINITIONS 3
II. NARRATIVE 4
A. Site Description 4
B. Existing Site Development 4
C. Objectives 5
III. AUTHORITY AND JURISDICTION 6
A. Authority 6
B. Jurisdiction 6
IV. RIGHTS AND RESPONSIBILITIES 7
A. The Forest Service 7
B. Facility Owners and Facility Managers 7
C. Tenants and Customers 8
V. USE OF TICE SITE 8
A. Multiple-Use Facilities 8
VI. RENTAL FEES 9
VII. CONDITIONS FOR NEW CONSTRUCTION AND MODIFICATION OR
EXPANSION OF A FACILITY 9
A. New Construction, Modification, and Expansion Responsibilities 9
B. Construction Methods and Resource Protection 11
C. Construction Inspection 12
D. New or Remodeled or Expanded Buildings 12
E. New or Remodeled/Expanded Towers 13
VIII. GENERAL OPERATION AND MAINTENANCE 14
A. Special Environmental and/or Biological Considerations 14
B. Wiring and Grounding 14
C. Communications Equipment 15
D. Cables and Transmission Lines 17
E. Radiation 18
F. Utilities 19
G. Sanitary Facilities 20
H. Security and Law Enforcement 20
I. Site Maintenance 21
J. Inspections 21
K. Fire Prevention and Hazard Reduction Requirements 21
L. Access 22
IX. SITE ASSOCIATION AND ADVISORY GROUP 23
X. APPENDICIES 24
APPENDIX A—Location Map 24
Site Map 25
APPENDIX B —Authorized Facilities 26
APPENDIX C—Facility Photographs 27
APPENDIX D—Inspection Checklist 29
Page 3 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
I. DEFINITIONS
Authorization Holder. An individual, business,organization, or an agency that has been
fi issued a Communications Use Lease or Special Use Permit which allows occupancy,use,
rights, or privileges of National Forest System (NFS) land.
Authorized Officer. The Forest Service employee with the delegated authority to issue
and manage communications uses. The authorized officer is usually the District Ranger
or Forest Supervisor of the unit on which the communications site is located.
Co-location. Installation of telecommunications equipment in or on an existing
communications facility or other structure.
Communications Site. An area of NFS lands designated as an electronic site through the
Forest Land and Resource Management planning process for telecommunications uses.
A communications site may be limited to a single communications facility, but most
often encompasses more than one. Each site is identified by name, usually denoting a
local prominent landmark,such as Bald Mountain Communications Site.
Customer. An individual, business, organization, or an agency that operates
telecommunication equipment within a facility, but does rot broadcast or
resell communications services to others.
Facility.A building,tower, or other physical improvement(buildings and towers do not
have to be combined to be considered a facility) that is built or installed to house and
support authorized communications equipment.
Facility Manager.The holder of a Forest Service communications use authorization who
{ (1) owns a communications facility on NFS lands, (2) rents space in or on their facility to
{ other communications users, but (3) does not own or operate their own
communications equipment and they do not directly provide communications services
to third parties. Persons or entities that manage or administer a communications facility
on NFS lands for a facility owner or a facility manager are not facility managers for
purposes of this Communications Site Management Plan.
Facility Owner.The holder of a Forest Service communications use authorization who (1)
owns a communications facility on NFS lands, (2) may or may not be renting space or
equipment to other communications users in or on their facility, and (3) owns and
operates their own communications equipment in their facility.
Page 4 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Multiple-Use Facility.Acommunications site facility that has multiple communications
uses operated directly by the facility owner or has customers or tenants in or on that
facility.
Ranally Metro Area.Geographic areas in the United States identified by Rand McNally in
its Commercial Atlas and Marketing Guide that define population centers of 50,000 or
more. There are approximately 450 Ranally Metro Areas (RMAs) in the United States.
Senior Use.A communications use that predates another communications use, The most
senior use or uses form the basis for the communications site designation.
Single-Use Facility. A communications site facility that contains only the single
communications use of the facility owner and no tenants or customers in or on
the facility.
Tenant. An individual, business, organization, or an agency that operates
telecommunication equipment within a facility, for the purpose of broadcasting
or reselling communications services to others.
II. NARRATIVE
A. Site Description
Packwood Lake Communications Site is located on the Cowlitz Valley Ranger District,
Gifford Pinchot National Forest, Lewis County, State of Washington, in Section 23, T. 13
N., R. 9 E, Williamette Meridian, at approximately Latitude 46°36' 6.4" North,
Longitude 121°38' 13.3"West.The elevation at Packwood Lake Communications Site is
approximately 2724 feet above mean sea level (msl). The area for development Is
approximately 1.0 acres in size. Packwood Lake Communications Site is road accessible.
This site does not serve a Ranally Metro Area (RMA). The population is currently less
than 25,000 and is therefore Zone 9.The population identified for this Zone is updated
annually by the Forest Service, Washington Office, Director of Lands, and is used to
determine the annual rental fee due the Forest Service.
The most senior use at this site is private mobile radio and low power broadcast
translator and the site is designated as low power, including low power broadcast. This
designation is consistent with the Gifford Pinchot National Forest Land and Resource
Management Plan approved in 1990 within prescriptions which allow electronic sites.
The maximum power output for the Packwood Lake Communications Site is based on
the maximum output allowed for two-way radio under the Federal Communications
Commission's rules at Title 47, Code of Federal Regulations, Part 90.
Page 5 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
B. Existing Site Development
Packwood Lake Communications Site was first developed for communications purposes
in 2004 under a special use permit issued to Energy Northwest as a Facility Manager.
Energy Northwest already had structures at this site under a FERC hydroelectric license.
The site is the location of their surge tank on the power plant penstock.The surge tank is
150' tall and Energy Northwest allows antenna to be attached to the penstock and owns
an equipment building at the base of the surge tank to house the radio equipment of
Federal, State and local government radio repeaters and a broadcast translator for a
educational non-commercial user.
See Appendix B for a current list of authorized facilities.
C. Objectives
The primary objectives of the Packwood Lake Communications Site Management Plan
are to:
1. Document site management policy, procedures and standards, which are
not already specified in the standard communications use authorization.
2. Manage for low power communications uses only. The maximum power
output expressed as Effective Radiated Power (ERP) is typically based on
height above average terrain (HAAT) to set the maximum radiated power
levels allowed for two-way radio under the Federal Communications
Commission's rules at Title 47, Code of Federal Regulations, Part 90. As of
the 2003 regulation, Part 90 levels are limited to 500 watts ERP. Each use
must operate at or below the power level authorized by their respective
FCC license as long as it does not exceed the site limitation of 500 watts
ERP. Cellular Mobile Data Service is exempt from this site ERP limitation
as long as the use does not exceed the ERP limitations as described in the
FCC regulations at Title 47, Code of Federal Regulations, Part 27, Subpart
C. In addition, point to point microwave (FCC Part 101) is exempt from this
site ERP limitation as long as non-occupational human radiation exposure
levels are not exceeded by FCC regulation. Continuously transmitting use
(other than FCC Part 101) shall be limited to 500 watts ERP.
3. All uses must be designed,operated and maintained so as not to physically
or electronically interfere with the senior uses. If new uses deteriorate the
receiving/transmitting operation of existing uses, the new uses may be
required to institute at their expense; additional studies, equipment
upgrades, frequency isolation,or physically separate themselves from the
existing uses.
4. Present a program for operation within the site.
Page 6 of 29 y"
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
5. Help fulfill the public need for adequate communications sites.
6. Protect the interests of authorization holders and site users by preserving
a safe and an electronically "clean" environment.
7. Encourage the efficient development and use of space and facilities within
the designated site, subject to the USFS goal to provide the best possible
public service at a reasonable cost.
8. Authorize new Tenant and/or Customer uses that can physically and
electronically be accommodated within existing buildings and/or towers.
9. Maintain visual resource objectives by requiring design standards that are
unobtrusive and by utilizing earth tone colors and non-reflective surface
material consistent with the standards in the Land and Resource
Management Plan.
10. Amend this Communications Site Management Plan as necessary to be
consistent with future Forest Land and Resource Management Plans. The
Forest Service will provide authorization holders with proposed
amendments to this plan and will allow a reasonable period of time for
the holders to review and comment on the proposed changes.
III. AUTHORITY AND JURISDICTION
A. Authority
Forest Service authority to authorize and manage communications uses on National
Forest System lands derives from the Federal Land Policy and Management Act of
1976 (43 U.S. C. 1761-1771); Title 36, Code of Federal Regulations, part 251, subpart
B (36 CFR 251, subpart B); Forest Service Manual (FSM) 2700; and Forest Service
Handbook (FSH) 2709.11, chapter 90.
B. Jurisdiction
The Forest Service has jurisdiction over the use and occupancy of National Forest System
(NFS) lands for communications purposes under the National Forest Management Act
(NFMA) of 1976 (16 U.S.C. 1600 et seq.); the Federal Land Policy and Management
Act (FLPMA) of 1976 (43 U.S.C. 1701 et seq.), and Title 36, Code of Federal
Regulations, part 251, Subpart B (36 CFR part 251, subpart B).
The Federal Communications Commission (FCC) has jurisdiction over the use of non-
Federal channels of radio and television transmission under licenses granted by the
FCC. The National Telecommunications and Information Administration (NTIA) has
jurisdiction over the use of Federal channels of radio transmission under
authorizations granted by the NTIA.
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PACKW00D LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
The issuance of an FCC license or NTIA authorization does not authorize the use
and occupancy of NFS lands. A Forest Service special use authorization is required
for the use and occupancy of NFS lands for communications purposes.
The Forest Service has jurisdiction over resolution of conflicts associated with the
use and occupancy of NFS lands, such as those involving location and re-radiation.
The FCC and NTIA are not responsible for resolving occupancy conflicts associated
with the use and occupancy of NFS lands or the resolution of other conflicts when
entities are operating within the limits of their FCC license or NTIA authorization.
However, the FCC or the NTIA may be useful in assisting in the resolution of
interference problems or other frequency conflicts.
IV. RIGHTS AND RESPONSIBILITIES
A. The Forest Service
The Forest Service retains the responsibility for issuing and amending authorizing
instruments to Facility Owners and Facility Managers for the authorized
improvements. The issuance of a FCC license (authorization), or frequency
assignment, does not authorize occupancy of National Forest System lands.
Granting occupancy and use of National Forest System lands rest exclusively with
the Forest Service. This includes:
1. Amend or modify this site plan as deemed appropriate.
2. Approve new facilities, including those constructed within an authorization
holder's authorized area.
3. Approve assignment of a communications site lease.
B. Facility Owners and Facility Managers Are Responsible for:
1. Complying with the terms and conditions of their communications site
authorization and this site plan.
2. Ensuring that all new facilities, expansions, or improvements are consistent
with the Gifford Pinchot National Forests Land and Resource Management
Plan, environmental documentation and decisions affecting the use of this
site, and the provisions of this site plan.
3. May rent building and tower space to tenants and customers without prior
written approval from the Forest Service, as long as that tenant or customer
use is an approved communications use as designated in this
Communications Site Management Plan and does not interfere with other
existing uses at the site. Form FS-2700-10,Technical Data for Communication
Type Land Use, or equivalent information from prospective tenants or
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PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
customers seeking to co-locate in an existing communications facility may be
required prior to colocation.
4. May not place any unreasonable restrictions on potential or existing tenants
and customers.
5. Ensuring that facilities and equipment not complying with Federal,State, and
local laws, regulations, and ordinances will be removed or modified within
one year of approval of this site plan. Modifications require the pre-approval
of the authorized officer.
6. Keeping all facilities within the established limits of their authorized area.
7. The Facility owner or manager may not, for itself or for any customer or
tenant, authorize construction of any equipment shelter or tower, or
manipulation of the site or vegetation in any way, without specific
authorization from the Forest Service (See sec. VII).
8. Providing the authorized officer the name, address, and telephone number
of a local contact. The facility owner or the facility manager and the local
contact person may be the same individual. The local contact shall be
available for emergencies and shall have the authority to make decisions
about construction issues, facility maintenance, and all equipment within the
facility.
9. Ensuring that all communications facilities and equipment are properly
installed, operated, and maintained in accordance with industry standards
such as Motorola R-56.These standards may be waived by the Forest Service
authorized officer when recommended by a site user association or similar
technical committee or upon request of a facility owner/manager when
equivalent measures would achieve similar results.
10. Providing to the authorized officer by October 15th of each year, a certified
statement listing their type or types of communications uses they provide
and the business names of all occupants and their type of communications
use in the facility on September 30th of that year.
11. Treat and control noxious weeds on and adjacent to their permitted area,
access, and parking areas. Treatment requirements and standards must be
according to applicable regulations. Standards and application procedures
may be obtained from the Forest Office.
C. Tenants and Customers:
May co-locate in an existing facility when their communications use is an approved use
in the site plan. Co-location in a non-Federal communications facility does not require a
Page 9 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Forest Service authorization. Tenants and customers who co-locate in a Federal facility
shall first be issued a special use permit from the authorized officer before locating in
that Federal facility.
V. USE OF SITE
A. Multiple-Use Facilities
Co-location,when practical, shall be required.Site applicants shall take the lead in this
area and shall design their proposals to accommodate multiple uses of facilities and
improvements. This includes the multiple-use of buildings, towers, solar generating
systems, back-up generators, grounding systems, fuel containers, access ways, and
parking areas.
Due to the limited development space at the site, new facilities or major modifications
to existing facilities shall be designed to accommodate additional users even if other
users are, or could be, competitors.
Facility owners and facility managers are not required to lease facility space to others if
they can demonstrate to the authorized officer that:
1. Space is not available;
2. The use is incompatible with the existing communications uses at the site.For
example,the proposed use is not compatible with other uses as provided for
in FSH 2709.11,section 97,exhibit 05;
{ 3. Additional space is needed by the facility owner or the facility manager; or
4. Additional users would compromise security of the facility or communications
systems located in that facility.
VI. RENTAL FEES
Unless specified differently in the communications use authorization,the Forest Service
shall charge facility owners and facility managers of non-Federal facilities and tenants
and customers in Federal facilities an annual rental fee based on the fee schedule for
communications uses on National Forest System lands contained in FSH 2709.11,
section
95. The rental rates shall be adjusted annually using the Consumer Price Index-Urban
(CPI-U), and the population figures are adjusted annually based on the most recent Rand
McNally Commercial Atlas and Marking Guide (for RMAs) and Rand McNally Road Atlas
for non-RMA communities.
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PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Rental fees that facility owners and facility managers may charge their tenants and
customers shall be:
I. Reasonable and commensurate with the use and occupancy of the facilities and
services provide to tenants and customers; and
2. Consistent with other fees charged for similar facilities.
VII. CONDITIONS FOR NEW CONSTRUCTION AND MODIFICATION OR EXPANSION
OF A FACILITY
A. New Construction, Modification, and Expansion Responsibilities
Construction space at the site is extremely limited and future additional facilities are
very unlikely. If new facilities are proposed, or if existing facilities need modification,the
following guidelines shall apply.
In addition to the responsibilities fisted in Section IV, applicants, facility owners, and
facility managers seeking to construct a new facility or modify or expand an existing
facility are responsible for:
1. Submitting a complete application to the authorized officer prior to any new
construction, modification, or expansion of a facility. The application shall
include:
a. A copy of the approved site plan base map showing all of the proposed
new, modified, or expanded facilities, including structures, towers, and
auxiliary equipment;
b. Completed drawings or plans prepared by a professional engineer or
architect;
c. Identification of any proposed point-to-point microwave paths, a plot of
their azimuth, and their proposed elevation on the tower; and
d. Documentation showing that the proposed facilities will not obstruct or
interfere with any exiting uses, including fixed point-to-point antennas,
omni-directional broadcast antennas, or point-to-point microwave
paths.
2. Demonstrating that the new facility will make the most efficient use of the
limited amount of space at the site and will provide for future uses without
additional construction.
3. Providing engineering and geotechnical investigations for development of
specific foundation designs and grading plans.
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PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
4. Providing an erosion control plan prior to construction.At a minimum,the
erosion control plan shall include sediment control; stipulations that cut and
fill slopes will be graded and contoured to prevent erosion and excessive
runoff, and recommendations for temporary erosion control measures, such
as netting, silt fences, swales, sediment collection areas, and so forth.
5. Coordinating with other Federal and local governments and securing all
pertinent permits and approvals from those agencies.
6. Providing 30 days' notice to all facility owners and facility managers at the
site, as well as the Forest Service, of all new frequencies, either for
themselves or their tenants and customers, proposed for the site. A
completed FS-270010 shall be sent with the 30 day notice to allow for
comment of potential interference. If there is a reply to the request for
comments that suggests that there may be physical interference, electronic
incompatibility,or potential radio frequency interference to existing uses,
the Facility Owner or Facility Manager must address those concerns with a
sufficiently detailed response that the existing use will withdraw its
objections to the new use or special
terms and conditions must be created to address those concerns. Copies of
any response under this paragraph, positive or negative, must be provided
to the Forest Service.
B. Construction Methods and Resource Protection
Plans submitted by a proponent, facility owner, or a facility manager for construction,
modification, or expansion of a facility shall provide for soil rehabilitation measures,
including soil replacement and stabilization and proper handling of runoff from buildings,
parking areas, access roads, and undeveloped common areas. The authorized officer
must approve all cutting or trimming of vegetation.
During construction, modification, or expansion of facilities, facility owners and facility
managers shall:
1. Identify, avoid, and protect sensitive resource areas identified by the Forest
Service.
2. Comply with the erosion control plan.
3. Notify the Forest Service authorized officer prior to commencing any
approved ground-disturbing activities.
4. During construction and/or maintenance, paintbrushes will not be cleaned off
on rocks. No marks of any kind, including survey marks, will be permitted on
rocks.
-----_ _...--- -----��_—._-_._-----_Page 12 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
5. M;nimize,to the greatest extent possible, ground disturbance and vegetation
removal.
6. Re-vegetate extensive cut and fill slopes with native vegetation as soon as
possible after construction.All re-vegetation must have prior written approval
of the authorized officer.
7, Not cast off grading material. Excess soil can be used as fill material for roads,
buildings and towers.
8. Obtain prior written approval of the authorized officer for temporary, on-site
storage of construction materials.
9, Not leave hazardous materials, including fuels,oils,and lubricants unattended
• at the site at any time. Hazardous materials shall be removed from the site at
•
the end of each workday or temporarily stored inside a locked and posted
building until the following workday. Construction materials and supplies
other than hazardous materials may be left unattended at the construction
site at the end of each workday at the owner's risk.
10. Remove surplus construction materials and waste debris from the site no later
than 30 days after construction has been completed.
11. To prevent the spread of noxious weeds into the area, power wash off any
earth-moving or heavy equipment,such as dozers, graders,cranes,backhoes,
and so forth before it is brought onto National Forest System lands.
C. Construction Inspection
1. All new construction, modification, and expansion of facilities shall conform
to established technical standards and accepted engineering practices,such
as the Uniform Building Code, Occupational Safety& Health Administration
(OSHA), National Fire Protection Association (NFPA), National Electrical Code
(NEC), Electronic Industries Alliance/Telecommunication Industries
Association (EIA/TIA)codes and standards, and state regulations.
2, Any construction inspections required by other agencies are the
responsibility of the holder. Copies of completed inspections shall be
provided to the Authorized Officer, either as they occur or as part of the
final as-built plan. Inspection information shall become a permanent part of
the holder's special use file.
3. Corrective work required as a result of Forest Service or other agency
inspections shall be completed by the date specified in the inspection report
to the satisfaction of the inspecting official.
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PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
4. A final set of as-built plans shall be submitted to the Authorized Officer
within 90 days of acceptance of a structure (if the construction was
contracted) or of its completion date (if the construction was not
contracted).
D. New or Remodeled or Expanded Buildings
I . Any new buildings shall be designed to accommodate multiple users and shall be
consistent with a site-specific environmental analysis conducted at the time
of the proposal.
2. Building height will be restricted to a single story unless specifically
authorized for two stories or with a snow vestibule.The roof shall be non-
reflective metal or other non-reflective fire resistant material approved by
the Forest Service. Roofs can be equipped with antenna support structures,
such as poles and railings that can extend up to 25 feet above ground level.
3. Facility owners and facility managers are encouraged to construct the
interior of their buildings in a modular fashion, so that they can:
a. Sublease sections to others;
b. Provide tenants and customers with internal separation and security;
c. Reduce physical interference; and
d. Increase management effectiveness.
4. The following materials are approved for construction of new buildings:
a. Floors: Concrete slab with drainage or as part of a non-flammable
prefabricated structure.
b. Walls: Concrete block, metal, or pre-fabricated concrete.
c. Roofs: Concrete, corrosion resistant metal (if painted to eliminate shiny
surfaces), or other fireproof material approved by the Forest Service.
Proposals for wooden roofs will not be approved.
d. Partitions: Fire resistant material, such as reinforced concrete or
properly grounded expanded metal.
e. Color: Color used on all exterior building surfaces must have prior
written approval of the authorized officer. The goal of color selection is
to make buildings as inconspicuous as possible when viewed from a
distance. The intent is to reduce or eliminate glare from reflective
Page 14 of 29
MANAGEMENT PI-AN
PACKWOOD COMMUNICATIONS
and/or illuminated surfaces such as windowpanes, sheeting and^
reflective paints. Non-reflective, Forest Service approved dark gray to
green colors shall be used on equipment buildings.
f. Building entry lights must:
i. Only light the Immediate area in the vicinity of the door;
ii. Be motion-activated and have a limited time duration of 3 to 5
minutes;and iii. Have a shielded beam that is pointed at the building
door.
Requests for all-night (dusk-to-dawn) lighting or entry lighting that
would be visible from outside the site will not be approved.
E. New or Remodeled / Expanded Towers
1. All construction, modification, and expansion of towers shall have the prior
written approval of the authorized officer.
2. It is the applicant and holder's responsibility to ensure that new, modified, or
expanded towers will not unduly interfere electronically or physically with any
existing equipment at the site.Towers shall be spaced so as to prevent
ground level radiation and interference problems. Compliance with these
requirements shall be demonstrated in writing to the authorized officer prior
to issuance of a lease, permit, or amendment.
3. All new towers shall comply with current structural and safety specifications
and design standards, including safety-climbing devices. Towers should be as
narrow and "open"as safety and structural integrity allow. New towers should
be designed using maximum wind, snow, and tower loading anticipated for
the site.
4. All new towers (including appurtenances) shall not exceed 150 feet. All new
towers shall be self-supporting unless specifically authorized.
5. To avoid possible impacts to birds or bats, structures under this section must
comply with the most current version of the U.S. Fish & Wildlife Service's
Interim Guidelines on the Siting, Construction, Operation and
Decommissioning of Communication Towers (available at
http://www.fws.gov/hab:tatconservation/communicationtowers.htmi),
6. All towers shall be left unpainted if they are made of dull, galvanized steel.
Paint is required only if the tower has a shiny or reflective surface. Non-
reflective, Forest Service approved dark gray to green colors will be approved
unless the FAA requires red and white tower striping.
7, No lights, beacons, signs or strobes shall be allowed on new towers unless
specifically required by the FCC/FAA.
VIII. GENERAL OPERATION AND MAINTENANCE
A. Special Environmental and/or Biological Considerations
There are no unique environmental or resource coordination requirements at this site.
If issues arise In the future,this plan will be amended in accordance with the applicable
decision or direction. (Note: Include considerations which have been identified in other
approved documents and directly impact the comm site uses such construction closures
for nesting or rearing of sensitive species, anti-perching devices, road closures, etc.)
B. Wiring and Grounding
1. All equipment shall be installed in metal cabinets or open frame equipment
racks that are grounded and shielded.Grounding is to be installed in
accordance with manufacturer's recommendations and accepted industry
standards.
2. All building electrical wiring and grounding shall meet the NEC and applicable
state and local codes.All permanent wiring shall be installed in metallic
conduit and shall include a separate safety ground conductor. Metallic
electrical metallic tubing(EMT) raceway in and of itself shall not be used as a
ground return. Exception: If galvanized rigid conduit (GRC) is employed, it
shall be acceptable for use as a ground return.
3. Every effort shall be made to protect the equipment from lightning damage.
Lightning protectors should be used on all coaxial cable connections to
equipment enclosures. Inert gas gap or metal oxide varsitor (MOV), silicon
avalanche diode (SAD),or Transient Voltage Surge Protectors (TVSS) should
be used on all control, audio,and power lines. Failsafe modes shall be
employed in the TVSS to protect wiring and shelter from fire damage. Ali
TVSS equipment shall be UL1449 listed or approved.
4. All new building and/or tower structures shall have its own separate station
ground mat system for all users in that site and solidly bonded (such as
exothermic weld, not brazing)to the electrical service entrance grounding
conductor or grounding electrode. Wherever practical, interconnection of
individual station ground mats and/or the simultaneous placement of large
sized copper ground wire with any new grounding systems that are buried
on the site shall be encouraged.
• Page 15 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
5, Grounding shall be Installed in accordance with accepted practices and
standards, such as but not limited to, Motorola, Inc. "Standards and
Guidelines for Communications Sites R-56 Issue B", and NEC Articles 250,
810, and 820. Ground enhancement materials using bentonite clay is
currently the only approved method for chemical grounding. Other types of
chemical grounding shall require completion of NEPA documentation by the
applicant prior to consideration for approval by the authorized officer.
C . Communications Equipment
I . Equipment Ownership
All equipment shall be labeled with:
a. The owner's name;
b. Applicable transmitter frequencies;
c. The applicable FCC license or NTIA authorization;
d. Transmitting power outputs; and
e, A current 24-hour telephone contact number.
2. Transmitting Equipment
All transmitters shall have protective devices
built into them or externally installed to prevent interference with other uses.
All transmitters shall meet FCC/NTIA requirements and be FCC type accepted
for use in the licensed (or license exempt) application.
The re-radiation of intercepted signals from any unprotected transmitter
and its associated antenna system shall be prevented by the use of
appropriate filters, typically bandpass filters, circulators (isolators), and/or
2nd harmonic filters.
The direct radiation of out-of-band emissions (noise or spurious harmonics)
shall be reduced to a level such that it may not be identified as a source of
interference as defined in FCC Regulations (47 CFR 90.209(e)). If site noise
(electromagnetic noise) becomes an issue, noise threshold limits shall be
established, and amended into the Site Plan.
All transmitters not in immediate use and not specifically designated as
standby equipment shall be removed. Loads connected to circulators shall be
capable of dissipating the total power output of the transmitter.
Page 16 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Where duplexing is used, a notch-type filter device by itself shall be avoided.
In situations where a notch-type device is used, a bandpass filter shall be
used on both the receiver and transmitter. Transmitter multi-channel hybrid
combining equipment should be avoided unless additional protection is
provided to ensure hybrid balance and minimize the chance for
intermodulation products being produced. A post combining bandpass or
lowpass filter is required after the basic hybrid combiner to block undesired
2nd harmonics from being radiated.
3. Receiving Equipment
A bandpass device, such as a cavity or crystal filter, is recommended at the
input of all receiving devices. Cavity filters or other protective devices may
be used at receiver inputs to reduce interference.
Where duplexing is used, a notch-type device should be avoided. In situations
where a notch-type device is used, a band pass filter shall be used on both the
receiver and transmitter.
4. Antennas
a. Microwave (dish) antennas and other than ground-mounted satellite
dishes shall not exceed 2 feet in diameter, unless specifically authorized
to meet path performance and reliability criteria.
b. All antennas shall meet all OSHA safety standards. If an antenna is
operating in excess of the Federal Communications Commission (FCC)
public or occupations standards, steps will be taken, such as fencing,
posting of signs, relocation, lowering power levels, within 24 hours to
bring it into compliance. Ground measurements of Radio Frequency
Radiation (RFR) levels will be taken before mitigation measures are
implemented.
c. Colors for dish antennas or covers shall be pre-approved by the
authorized officer. White dish antennas and covers will not be
approved. Existing white dishes and covers shall be repainted or
replaced as repairs or replacement become necessary.
d. Antennas shall be treated to reduce or eliminate reflected glare.
e. Low-powered transmit and receive antennas may be located low on the
tower or on the ground.
5. Interference
1
i Page 17 of29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
} The responsibility for correcting interference problems lies with the holder _
of the communications site authorization for the facility,the user causing
the interference, and the affected parties. Generally, the first users at a site
have seniority with respect to resolution of interference complaints.Senior
users have an obligation to maintain their equipment to current industry
standards,to operate their systems in accordance with the terms of both
the FCC license and the NTIA/Interdepartment Radio Advisory Committee
(RAC)frequency authorization, and to comply with the Forest Service
communications site authorization. New users at a site shall correct,at their
expense,interference problems that they create. If it can be demonstrated
that the senior user's equipment is at fault because of poor technical
performance (does not meet,for instance, current Association of Public-
Safety Communications Officials (APCO) or EINTIA technical standards for
receiver performance), it will be necessary for the senior user to bring the
• poor performing receiving equipment up to current standards.The new
user, in any event, shall cease operation of the suspect equipment until the
problem is corrected, or as in the case of a poorly performing senior user
receiver,the senior user must formulate an action plan for correcting the
deficiency as soon as possible and be acceptable to both parties. If
interference problems cannot be resolved or corrected within a reasonable
time,the new use that is causing the interference may be terminated and
the equipment removed.
If a Site Users Association is formed, all users shall cooperate with the Forest
Service in the identification and correction of any interference.The Forest
Service does not have any responsibility for correcting interference
problems, but can act as a mediator to help all affected parties. Interference
problems, whether theoretical, calculated, or measured (before and after
licenses are granted) should be coordinated and resolved with the FCC or
NTIA, as appropriate.
Interference with Public Safety,Critical Infrastructure, and any other
emergency communications facility shall be corrected immediately.
Operation of equipment covered by this site plan shall not interfere with
Federal Government radio or electronic operations already in existence on
NFS lands within two miles of the Packwood Lake Communications Site.The
user causing this interference shall at their own expense take all actions
necessary to prevent or eliminate the interference. If they do not eliminate
the interference within ten (10) days after receipt of notice from the Forest
Service to do so,their use will be terminated.
If electromagnetic noise becomes an issue, noise thresholds shall be
established and incorporated as an amendment to this site plan. The cost
of such analysis is the responsibility of the authorization holders.
Page 18 of 29
PACKW00D LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
D. Cables and Transmission Lines
All new outdoor cabling shall be jacketed and 100 percent shielded and shall either
be flexible or semi-rigid. Cables shall be properly installed, strapped, and fastened
down. Cable runs should be consistent with applicable engineering standards when
attaching cables onto a tower.
All transmission lines (including wave guide) shall be supported in accordance with
manufacturer's specifications. Unjacketed transmission lines or unjacketed cables of
any type are prohibited. No transmission lines shall be left unterminated. Lightning
protection ground down conductors on towers shall be insulated from the tower steel
and considered no different than transmission lines. Bonding of this down conductor to
tower steel shall be done with NEC approved connectors that are also galvanically
compatible (bronzed or tin plated)with the structural galvanized steel of the tower.
Double-shielded braided (98 percent or better) or solid-shielded cable shall be used
inside of buildings. No RG-8 or RG-58 type class of cable is permitted. No connector-type
adapters shall be used on transmission lines. Only correct connectors that will mate to
connected devices may be used.
Conduits shall be shared as allowed for under the NEC when they service common areas
and shall be buried where possible.
Existing cables and transmission lines that do not meet the above requirements shall be
upgraded as repairs or replacement become necessary.
E. Radiation
All communications uses shall meet FCC, NTIA, and OSHA regulations, policy, guidelines,
and standards concerning radiation limitations.
All antenna radiation zones shall meet all OSHA safety standards. If an antenna radiation
zone is operating in excess of FCC public or occupational standards, steps will be taken,
such as fencing, posting of signs,relocation, lowering of power levels,etc.within 24 hours
to bring the zone into compliance. Ground measurements of RFR levels will be taken
before mitigation measures are implemented. It is recommended that each Facility
Owner or Manager, in accordance with FCC regulations 47 CFR sections 1.1307(b), I .
1310, and 2.1093, properly monitor Maximum Permissible Exposure (MPE) to
electromagnetic fields for their site.
Monitoring radiation levels at the site is the responsibility of all site users and shall occur
at intervals to comply with FCC regulations and guidelines. A copy of the monitoring
report shall be provided to the Forest Service within 30 days of its completion.
Security fences with RFR notice signs are required around areas that exceed public use
levels. All fencing location and design shall be pre-approved by the Forest Service.
Page 19 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Warning signs shall comply with American National Standards Institute (ANSI) C95.2
color, symbol, and content conventions. Contact information, including name and
telephone number will also be included on warning signs.
Any identified RFR radiation problems that are, or could be, a public health hazard must
be corrected within 24 hours after measurement tests have been completed or be
removed from the site by the site user(s). If the proposed corrective action involves any
new ground disturbance, it must be pre-approved by the Forest Service.
F. Utilities
Site users shall pay for the cost to install and maintain utilities, including any resource
surveys and reports needed for environmental compliance. For visual reasons, new
overhead utility poles are not authorized.
1. Commercial Electrical Power
Commercial power is provided by Energy Northwest.
2. Telephone Service
No commercial telephone lines service this site.
3. Fuel Storage
Fuel storage facilities on this site must be designed,installed and maintained
according to applicable NFPA standards, federal, State and local laws and
ordinances. All fuel storage tanks shall be grounded to the station ground
mat.
If additional service is ever deemed necessary, a separate authorization will be issued
to the owner of the service following the appropriate NEPA analysis and decision. The
applicant must pay the cost of necessary resource surveys, and reports and
construction costs including appropriate mitigation. For visual reason, overhead utility
lines may not be authorized.
l Page 20 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
G. Sanitary Facilities
No sanitation facilities exist at this site. If needed,any new sanitary facilities shall be
pre-approved by the Forest Service. If it is determined by the authorized officer that the
user needs such facilities, they will be provided by the applicant/holder in a manner and
location satisfactory to the authorized officer and requirements of the local health
department.
H. Security and Law Enforcement
The Washington State Patrol and Lewis County Sheriff's Department are the principal
law enforcement agencies for the area in which the Packwood Lake Communications
Site is located. Generally,the State Patrol and County Sheriff's are responsible for civil
and criminal law enforcement. Generally, the Forest Service is responsible for enforcing
Federal laws applicable to NFS lands, such as resource protection. Patrol and policing
for security purposes is the holder's responsibility.
No facilities at the Packwood Lake Communications Site are fenced. If new fencing is
ever deemed necessary for security purposes at other facilities on the site, it must
meet the following criteria:
1. All fences must meet health and safety requirements.
2. All fence locations and design require Forest Service pre-approval.
3. The standard fencing type will be chain-link (i.e. cyclone).
4. The standard fence height will be eight (8) feet.
5. Fencing will be designed, maintained, and of a type to minimize interference
issues. All fencing materials shall be hot-dip galvanized coated to minimize
corrosion and dissimilar metal contacts.
6. Fencing shall be grounded at regular intervals not to exceed 20 feet to the
station ground mat. The purpose of this requirement is to lower its
conductivity to RF signals and shunt those RF signals to ground and prevent
re-radiation.
7. Fences will be signed with RFR notices if RFR is above public levels.
Buildings shall be posted with a 24-hour contact phone number(s) on the main door(s)
into the building where appropriate.
Page 21 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
I. Site Maintenance
The objectives of site maintenance are to present a clean, neat, and orderly appearance
at the site and to have all the authorized improvements at the site be safe for workers
and the public.All users are responsible for maintaining the overall appearance of the
site.
Miscellaneous debris remaining after any construction or installation, removal or
modification of equipment is not only a hazard but can cause interference or
lntermodulation problems. All loose debris must be removed from the site within 30
days after completing construction, reconstruction,or other activities. in particular, all
loose wire or metal objects shall be removed from the site.The users of the site shall
remove graffiti within ten working days of finding it. If graffiti is on natural features,
such as rocks and trees, site users will remove graffiti using a method approved by the
authorized officer.
Holders may not leave or dispose of trash, garbage, or cut brush on NFS lands. No
outside trash or litter containers are allowed.Site users shall remove all trash and litter
from the site as It is produced. Policing of litter in common areas, such as the areas
between buildings and developed sites, is the shared responsibility of those holders
bordering these areas.
Peeling paint on buildings and towers shall be re-painted within thirty days of discovery
or as soon as possible as allowed by weather conditions.
J. Inspections
Unless waived in writing by the authorized officer, the holder shall have conducted
annually a certified inspection of the facilities and equipment covered by the
authorization. The inspection shall include a technical review that should ensure that all
authorized equipment is operating in accordance with requirement of this site plan,the
applicable FCC license or NTIA authorization,ANSI standards, and the manufacturer's
specifications. In addition, the inspection should ensure that the authorized equipment
is secure,free of rust, properly grounded, and otherwise properly operated and
maintained. A copy of the inspection report, certified by a telecommunication
specialist, shall be provided to the authorized officer within 30 days of completion of
the inspection.The Forest Service may also conduct periodic reviews to monitor for
authorization compliance.
K. Fire Prevention and Hazard Reduction Requirements
Facility owners and facility managers will be required to control vegetation within the
fenced or immediate area around their facilities. Gravel/mineral soil (i.e. bare ground or
mowed vegetation) must be maintained to a minimum of ten (10)feet clearance
around buildings and a minimum of ten (10) feet clearance around any propane tank.
Page 22 of 29
1
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Identified threatened, endangered,or sensitive plant species must remain within the
minimum clearance areas.
Smoking is prohibited in flammable vegetation areas.
Roof structures shall be kept reasonably clear of debris at all times.
No explosives will be stored at this site. Flammable materials shall be stored in
conformance with the requirements of local fire regulations. Flammables will be placed
in closed containers and stored away from sources of ignition and combustible
materials. If flammables are stored within a building, the building will be locked,
properly signed and well ventilated.
Approved spark arresters will be required and maintained on all internal combustion
engines.
At least one (1) U.L. rated 20 lb. A:B:C dry chemical fire extinguisher is required inside
each building. Prior to each June, fire extinguisher(s) shall be inspected by holders and
refilled, if necessary.
Any fire will be immediately reported to "911 ", the nearest Forest Service office and/or
Lewis County Sheriff's Office.
Forest Service Officers will make periodic fire prevention inspections. They will call to
the holder's attention any lack of compliance with the above regulations, plus any other
existing hazards. Compliance with these inspections is required within the time limits
specified in the inspection report.
All fire protection standards must be accomplished by the beginning of fire season unless
otherwise agreed to, and then maintained throughout the fire season.
For new construction,the Forest Service will provide the Holder with a separate
Construction Fire Plan which will be prepared at that time as applicable. State and
local laws/regulations must be followed for the diesel tank installation.
L. Access
1. Road
Holders who damage the access road, or any of its associated improvements,
such as ditches, culverts, roadside vegetation, signs, and underground
utilities and facilities,shall be required to repair the road to conditions equal
to or superior to those prior to any damage or disturbance.
Access to Packwood Lake Communications Site is from US Highway 12 at
Packwood and then south on Synder Road for approximately 0.81 miles to the
Page 23 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
Forest boundary where the road becomes FR 1260. Follow FR 1206 for
approximately 4,1 miles to the surge tank which is on a short steep spur road
on the right.
2. Internal Roads and Parking Areas
Internal roads and parking areas within the communications site are the
responsibility of the site users. Interior roads and parking areas shall be
planned and approved by the authorized officer in conjunction with
establishment of new facilities. Interior roads shall be maintained so as to
allow only one entrance to the site. The intent is to discourage off-road
vehicle use in and around the site.
3. Road Closures
Forest Service roads are subject to periodic closures to entry during periods
of extreme fire danger, inclement weather, or wetness. Site users may
access the site during these closures if they have prior,written approval
from the authorized officer.
IX. SITE ASSOCIATION AND ADVISORY GROUP
A site association is probably not needed at this time. If development were to increase,
a users association may become desirable. Leadership would need to come from one of
the users. As needed in the future,the site association would be responsible for
obtaining and maintenance of an administrative access and upkeep of internal roads
and parking areas.The site association would also be responsible for ensuring
cooperation between users for on-tower access.A site safety officer would be identified
within the site association. The site association would be expected to develop a Radio
Frequency Radiation Plan/Agreement and recommend measures to reduce interference
issues (e.g., through use of filters).
The goal of the site association would also be to maximize the effective use of the site.
The objective of a sanctioned association will be to represent all site users as a group
when dealing with the Forest Service on matters relating to the site administration.The
association would be able to work in cooperation with the Forest Service to identify
problems or opportunities and make recommendations to the Forest Service for any
changes in management strategies at the site.The association could also provide input
to the Forest Service regarding the future addition of equipment and facilities at the
site. While the advice and recommendations of the association would not be binding on
the Forest Service,the Forest Service could use the input for administration of the site.
The Forest Service would be a member of such a group and would help jointly develop
the charter (i.e.,the ground rules).
Page 24 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
X. APPENDICIES
APPENDIX A-Location Map
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Page 26 of 29
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Page 26 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
APPENDIX B Authorizedaciiities
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Page 28 of 29
PACKWOOD LAKE COMMUNICATIONS SITE MANAGEMENT PLAN
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38
APPENDIX D-Inspection Checklist
Packwood Lake Annual Technical Inspection
Date Inspected: Time Inspected:
Permit Holder:. Authorization#
Site Technician: Phone#
Number of Transmitters License Posted
Please mark the following items as Acceptable(A)or Unacceptable(U).
Electrical Wiring (A) (U) Grounding (A) (U)
Equipment Installation (A) (U) Housekeeping (A) (U)
Building Repair (A) (U) Tower Repair (A) (U)
Please mark the following items as Yes(Y)or No(N)or(NA)
Isolators (Y) (N) (NA) Circulators (Y) (N) (NA)
Cavities (Y) (N) (NA) Terminators (Y) (N) (NA)
Filters N NA
(Y) ( ) ( ) Lightning Protection (N) (NA)
Comments:
Recommended Corrective Action:
Required Corrective Action To Be Taken:
Committee Representatives:
Forest Service Representatives"
Please make the required corrective action within the next 120 days.
Please make a written report of corrective action take and submit to the FS. if you should have any questions,
please call the Forest Service office.
39
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: April 6, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving agreement between Lewis County and Energy Northwest for telecommunications
equipment at the Surge Tank at the Packwood Lake Hydroelectric facility and authorizing
signatures thereon
Contact: Scott Smitherman Phone: 3394
Department: DES - Emergency Management (Dept. of Emergency Services)
Description:
Approving agreement between Lewis County and Energy Northwest for Telecommunications
Equipment at the surge tank at the Packwood Lake Hydroelectric Facility for five (5) years
3/2020-3/2025.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Kelly Sneed, Scott Smitherman Debbie Barnes, Procurement Specialist 3000
George Washington Way, Richland WA 99354