TCNS LETTER REPORT ARIZONA NEVADA TOWER CORPORATION SITE AMARGOSA SECTION 8, TOWNSHIP 16 SOUTH, RANGE 49 EAST M.D.M NYE COUNTY, NEVADA

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1 TCNS LETTER REPORT ARIZONA NEVADA TOWER CORPORATION SITE AMARGOSA SECTION 8, TOWNSHIP 16 SOUTH, RANGE 49 EAST M.D.M NYE COUNTY, NEVADA PREPARED FOR: ARIZONA NEVADA TOWER COPORATION 1641 EAST SUNSET ROAD, SUITE B-111 LAS VEGAS, NEVADA DATED: AUGUST 26, 2012 PREPARED BY: ACE ENVIRONMENTAL, LLC 9976 PEAK LOOKOUT STREET LAS VEGAS, NEVADA ACE PROJECT NO

2 Amargosa INTRODUCTION ACE Environmental, LLC (ACE) has completed this Tower Construction Notification System (TCNS) letter report for the purposes of performing the TCNS process for this site. Client-provided diagrams, 1A, and a site layout map are included in Appendix 1. INDIAN RELIGIOUS SITES Section 106 of the National Historic Preservation Act of 1966 (NHPA) and its implementing regulations, Protection of Historic Properties (36 CFR Part 800), require consultation with Native American tribal groups regarding projects and potential impacts to Native American religious sites. ACE submitted to the TCNS which notifies the Native American Indian Tribes. A confirmation of the TCNS notification for this site is provided in Appendix 2. No responses have been received from the tribes. Follow-up letters were sent to the tribes that did not respond. Copies of those letters are also included in Appendix 2. Should a negative response from the tribes be received, ACE will forward the information to the Client. In addition, the TCNS process was completed and the Client s obligations under Section IV of the NPA will be complete as of August 29, 2012 according to an from the FCC dated August 9, A copy of this is also included in Appendix 2. Based on the lack of responses/concerns received from the Tribes, the site is not anticipated to have a negative effect on archeological or Native American resources. LIMITATIONS ACE s professional services have been performed, our findings obtained, and our recommendations prepared in accordance with standard principles and practices in the fields of environmental science and engineering. This statement is in lieu of other statements either expressed or implied. This report is intended for the sole use of Arizona Nevada Tower Corporation (ANTC) and may not be used or relied upon by any other party without the written consent of ANTC and ACE. The scope of services performed in this evaluation may not be appropriate to satisfy the needs of other users, and use or re-use of this document or the findings, conclusions, or recommendations is at the risk of said user. 2

3 Amargosa Please note that should the development at the site, as stated in this report, be altered, reevaluation of this report and its applicability should be completed by ACE. It is ACE s goal to provide value-added services to our Clients, thus becoming an integral member of their team. If ACE can provide any further assistance regarding this project, please do not hesitate to contact the undersigned at (702) Sincerely, ACE Environmental, LLC Kerry N. Willoughby, CEM, REA Principal EM #1701, Exp: 10/07/13 Appendix 1 Client-provided Diagrams and 1A Site Layout Map Appendix 2 TCNS Notification Follow-up Tribal Letters TCNS Clearance 3

4 Amargosa Appendix 1 Client-Provided Diagrams and 1A Site Layout Map 4

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16 Arizona Nevada Tower Corporation - Amargosa Section 8, Township 16 South, Range 49 East, M.D.M., Nye County, Nevada Site Layout

17 APPENDIX 2 TCNS Notification Follow-up Tribal Letters TCNS Clearance

18 From: To: Cc: Subject: Date: Blake Chartrau NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - ID # Friday, June 22, :02:23 AM Dear Sir or Madam: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the information you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). Persons who have received the information that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribes"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribes and in making further contacts, the City and State of the Seat of Government for each Tribe and NHO, as well as the designated contact person, is included in the listing below. We note that Tribes may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribes and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribe or NHO. (NPA, Section IV.F.4). The information you provided was forwarded to the following Tribes and NHOs who have set their geographic preferences on TCNS. If the information you provided relates to a proposed antenna structure in the State of Alaska, the following list also includes Tribes located in the State of Alaska that have not specified their geographic preferences. For these Tribes and NHOs, if the Tribe or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribe or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event such a Tribe or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribe or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Declaratory Ruling released on October 6, 2005 (FCC ). 1. Tribal Chairperson Virginia Sanchez - Duckwater Shoshone Tribe - Duckwater, NV - electronic mail and regular mail Details: The Duckwater Shoshone Tribe REQUIRES a cultural survey, a topo map, and photos of the area to be distrubed for EVERY proposed site. Please send this information to: Maurice Frank-Churchill, Duckwater Shoshone Tribe, P.O. Box , Duckwater, Nevada Thirty days AFTER you have mailed the cultural survey, topo map, and photos of the area to be disturbed for the proposed site, if you have not received a response, you may assume that the Duckwater Shoshone Tribe has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Duckwater Shoshone Tribe in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. Reminder: Please start counting the 30 day period AFTER you have placed the cultural survey, topo map and photos of the area to be disturbed in the mail. Thank you.

19 2. Council Member Jacqueline K Allen - Fallon Paiute-Shoshone Tribe - Fallon, NV - electronic mail and regular mail Details: The Fallon Paiute Shoshone Tribe is interested in any sacred sites, artifacts, bones, or any other traditional items that might be unearthed and/or discovered during construction. Please notify us immediately in the event of an inadvertent find. Sincerely, Jacqueling K. Allen, Council Member Fallon Paiute Shoshone Tribe jkacouncilmember@fpst.org 3. Vice-Chair & Economic Dev. Coordinator Raynell Miller - Walker River Paiute Tribal Council - Schurz, NV - electronic mail and regular mail Details: If the Applicant/tower builder receives no response from the Walker River Paiute Tribal Council within 30 days after notification through TCNS, the Walker River Paiute Tribal Council has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must notify the Walker River Paiute Tribal Council in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. Environmental Director Karmel Bryan - Yomba Tribal Council - Austin, NV - electronic mail 5. Environmental Program Director LeAnn Skrzynski - Kaibab Paiute Tribe - Fredonia, AZ - electronic mail and regular mail If the applicant/tower builder receives no response from the Kaibab Paiute Tribe within 30 days after notification through TCNS, the Kaibab Paiute Tribe has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Kaibab Paiute Tribe in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 6. Cultural Resources Coordinator Carolyn Smith - Shoshone-Bannock Tribes, Cultural Resources - Fort Hall, ID - electronic mail and regular mail Details: The Shoshone-Bannock Tribes require the following information for EVERY proposed site, unless the proposed project is a collocation or is on already disturbed groud (we do not need any information on collocations or projects on already disturbed ground): 1. A complete identification survey (a Phase 1 Archaeological Survey) for the proposed site. 2. The past land uses of the proposed site. 3. A topo map with the proposed site marked with an 'X' or an arrow. 4. Any written information regarding Native American Tribes using the proposed area. 5. A copy of the applicant/tower builder's 'stop work order,' which the Shoshone-Bannock Tribes will keep on file at our offices. (In the event of an inadvertent find, the applicant/tower builder must stop all ground-disturbing work and immediately notify the Shoshone-Bannock Tribes Cultural Resources office, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law.) Thirty days AFTER you have provided the Shoshone-Bannock Tribes with the aforementioned information, if you have not received a response from the Shoshone-Bannock Tribes Cultural Resources Office, the Shoshone-BannockTribes have no interest in participating in pre-construction review for the proposed site. As noted in #5 above, however, in the event of an inadvertent find during construction,

20 please cease all ground-disturbing activity and contact us immediately. Thank you! Sincerely, Shoshone-Bannock Tribes Cultural Resources Office P.O. Box 306 Fort Hall, Idaho (208) Vice-Chairperson Adora Saulque - Benton Paiute Tribe - Benton, CA - regular mail 8. Chairman George Gholson - Timbisha Shoshone Tribe - Bishop, CA - electronic mail Details: If the Applicant receives no response from the Tribe within 30 days after notification through TCNS, the Tribe has no interest in participating in pre-construction review for the site. The Applicant, however, must notify the Tribe in the event archeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. The information you provided was also forwarded to the additional Tribes and NHOs listed below. These Tribes and NHOs have NOT set their geographic preferences on TCNS, and therefore they are currently receiving tower notifications for the entire United States. For these Tribes and NHOs, you are required to use reasonable and good faith efforts to determine if the Tribe or NHO may attach religious and cultural significance to historic properties that may be affected by its proposed undertaking. Such efforts may include, but are not limited to, seeking information from the relevant SHPO or THPO, Indian Tribes, state agencies, the U.S. Bureau of Indian Affairs, or, where applicable, any federal agency with land holdings within the state (NPA, Section IV.B). If after such reasonable and good faith efforts, you determine that a Tribe or NHO may attach religious and cultural significance to historic properties in the area and the Tribe or NHO does not respond to TCNS notification within a reasonable time, you should make a reasonable effort to follow up, and must seek guidance from the Commission in the event of continued non-response or in the event of a procedural or substantive disagreement. If you determine that the Tribe or NHO is unlikely to attach religious and cultural significance to historic properties within the area, you do not need to take further action unless the Tribe or NHO indicates an interest in the proposed construction or other evidence of potential interest comes to your attention. None The information you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SHPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands), with a Submission Packet pursuant to Section VII.A of the NPA. 9. Deputy SHPO Carol Griffith - Arizona State Parks - Phoenix, AZ - electronic mail 10. Deputy SHPO William Collins - Arizona State Parks - Phoenix, AZ - electronic mail 11. SHPO Wilson Martin - Utah State Historical Society - Salt Lake City, UT - electronic mail

21 12. Deputy SHPO Roger Roper - Utah State Historical Society - Salt Lake City, UT - electronic mail 13. Deputy SHPO Jim Dykman - Utah State Historical Society - Salt Lake City, UT - electronic mail If you are proposing to construct a facility in the State of Alaska, you should contact Commission staff for guidance regarding your obligations in the event that Tribes do not respond to this notification within a reasonable time. Please be advised that the FCC cannot guarantee that the contact(s) listed above opened and reviewed an electronic or regular mail notification. The following information relating to the proposed tower was forwarded to the person(s) listed above: Notification Received: 06/19/2012 Notification ID: Tower Owner Individual or Entity Name: Arizona Nevada Tower Company Consultant Name: Blake L Chartrau Street Address: 9976 Peak Lookout Street City: Las Vegas State: NEVADA Zip Code: Phone: blakechartrau@aceenvironmentalllc.com Structure Type: POLE - Any type of Pole Latitude: 36 deg 34 min 45.8 sec N Longitude: 116 deg 28 min 39.4 sec W Location Description: Section 6,Township 16 South,Range 49 East MDM - Armargosa City: Nye County State: NEVADA County: NYE Ground Elevation: meters Support Structure: 21.3 meters above ground level Overall Structure: 21.3 meters above ground level Overall Height AMSL: meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic mail form located on the FCC's website at: You may also call the FCC Support Center at (877) (TTY ). Hours are from 8 a.m. to 7:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission

22 July 23, 2012 Mr. Maurice Frank-Churchill Duckwater Shoshone Tribe PO Box Duckwater, NV Re: TRIBAL HISTORIC PRESERVATION OFFICE REVIEW Arizona Nevada Tower Corporation - Amargosa TCNS ID# Section 8, Township 16 South, Range 49 East, M.D.M. Nye County, Nevada Dear Mr. Maurice Frank-Churchill: ACE Environmental, LLC (ACE) is under contract to submit information to the Native American Indian Tribes regarding telecommunications facilities. This submittal is to determine if you have interest in this site. Site Location and Description The site is located within a larger parcel of land referred to as the subject parcel that is developed with an existing monopole antenna structure. According to information obtained from the Nye County Assessor s Office, the subject parcel is identified with no Assessor s Parcel Number (APN). See attached diagrams, survey (with NAD 83 coordinates) and site layout map. Activities: See attached diagrams. The site includes modifications to the existing 70 foot tall monopole antenna structure. Conclusions A previous Cultural Resource Records Search was performed for this site. The results of the records search indicated that no further mitigation was required with respect to archeological resources. Also, the NV SHPO office indicated that this original antenna placement in 2003 had no historic properties in the area of potential effect. Based on the above referenced information, please let ACE know if your Native American Indian Tribe has interest in this site.

23 Should you have any questions, comments and/or require further clarification, please contact me at (702) or by at Thank you very much. Sincerely, ACE Environmental, LLC Blake L. Chartrau Project Manager ACE Environmental, LLC 9976 Peak Lookout Street Las Vegas, NV Phone Fax Attachment: Diagrams Site Survey (with NAD 83 coordinates) Site Layout Map

24 July 23, 2012 Ms. Jacqueline K. Allen Fallon Paiute-Shoshone Tribe 565 Rio Vista Drive Fallon, NV Re: TRIBAL HISTORIC PRESERVATION OFFICE REVIEW Arizona Nevada Tower Corporation - Amargosa TCNS ID# Section 8, Township 16 South, Range 49 East, M.D.M. Nye County, Nevada Dear Ms. Jacqueline K. Allen: ACE Environmental, LLC (ACE) is under contract to submit information to the Native American Indian Tribes regarding telecommunications facilities. This submittal is to determine if you have interest in this site. Site Location and Description The site is located within a larger parcel of land referred to as the subject parcel that is developed with an existing monopole antenna structure. According to information obtained from the Nye County Assessor s Office, the subject parcel is identified with no Assessor s Parcel Number (APN). See attached diagrams, survey (with NAD 83 coordinates) and site layout map. Activities: See attached diagrams. The site includes modifications to the existing 70 foot tall monopole antenna structure. Conclusions A previous Cultural Resource Records Search was performed for this site. The results of the records search indicated that no further mitigation was required with respect to archeological resources. Also, the NV SHPO office indicated that this original antenna placement in 2003 had no historic properties in the area of potential effect. Based on the above referenced information, please let ACE know if your Native American Indian Tribe has interest in this site.

25 Should you have any questions, comments and/or require further clarification, please contact me at (702) or by at Thank you very much. Sincerely, ACE Environmental, LLC Blake L. Chartrau Project Manager ACE Environmental, LLC 9976 Peak Lookout Street Las Vegas, NV Phone Fax Attachment: Diagrams Site Survey (with NAD 83 coordinates) Site Layout Map

26 July 23, 2012 Karmel Bryan Yomba Tribal Council HC 61 - Box 6275 Austin, NV Re: TRIBAL HISTORIC PRESERVATION OFFICE REVIEW Arizona Nevada Tower Corporation - Amargosa TCNS ID# Section 8, Township 16 South, Range 49 East, M.D.M. Nye County, Nevada Dear Karmel Bryan: ACE Environmental, LLC (ACE) is under contract to submit information to the Native American Indian Tribes regarding telecommunications facilities. This submittal is to determine if you have interest in this site. Site Location and Description The site is located within a larger parcel of land referred to as the subject parcel that is developed with an existing monopole antenna structure. According to information obtained from the Nye County Assessor s Office, the subject parcel is identified with no Assessor s Parcel Number (APN). See attached diagrams, survey (with NAD 83 coordinates) and site layout map. Activities: See attached diagrams. The site includes modifications to the existing 70 foot tall monopole antenna structure. Conclusions A previous Cultural Resource Records Search was performed for this site. The results of the records search indicated that no further mitigation was required with respect to archeological resources. Also, the NV SHPO office indicated that this original antenna placement in 2003 had no historic properties in the area of potential effect. Based on the above referenced information, please let ACE know if your Native American Indian Tribe has interest in this site.

27 Should you have any questions, comments and/or require further clarification, please contact me at (702) or by at Thank you very much. Sincerely, ACE Environmental, LLC Blake L. Chartrau Project Manager ACE Environmental, LLC 9976 Peak Lookout Street Las Vegas, NV Phone Fax Attachment: Diagrams Site Survey (with NAD 83 coordinates) Site Layout Map

28 July 23, 2012 Adora Saulque Benton Paiute Tribe 567 Yellow Jacket Road Benton, CA Re: TRIBAL HISTORIC PRESERVATION OFFICE REVIEW Arizona Nevada Tower Corporation - Amargosa TCNS ID# Section 8, Township 16 South, Range 49 East, M.D.M. Nye County, Nevada Dear Adora Saulque: ACE Environmental, LLC (ACE) is under contract to submit information to the Native American Indian Tribes regarding telecommunications facilities. This submittal is to determine if you have interest in this site. Site Location and Description The site is located within a larger parcel of land referred to as the subject parcel that is developed with an existing monopole antenna structure. According to information obtained from the Nye County Assessor s Office, the subject parcel is identified with no Assessor s Parcel Number (APN). See attached diagrams, survey (with NAD 83 coordinates) and site layout map. Activities: See attached diagrams. The site includes modifications to the existing 70 foot tall monopole antenna structure. Conclusions A previous Cultural Resource Records Search was performed for this site. The results of the records search indicated that no further mitigation was required with respect to archeological resources. Also, the NV SHPO office indicated that this original antenna placement in 2003 had no historic properties in the area of potential effect. Based on the above referenced information, please let ACE know if your Native American Indian Tribe has interest in this site.

29 Should you have any questions, comments and/or require further clarification, please contact me at (702) or by at Thank you very much. Sincerely, ACE Environmental, LLC Blake L. Chartrau Project Manager ACE Environmental, LLC 9976 Peak Lookout Street Las Vegas, NV Phone Fax Attachment: Diagrams Site Survey (with NAD 83 coordinates) Site Layout Map

30 From: To: Blake Chartrau Cc: Subject: Proposed Construction of Communications Facilities Notification of Final Contacts - ID #11485 Date: Thursday, August 09, :03:13 AM Arizona Nevada Tower Company Blake L Chartrau 9976 Peak Lookout Street Las Vegas, NV Dear Applicant: This letter addresses the proposed communications facilities listed below that you have referred to the Federal Communications Commission (Commission) for purposes of contacting federally recognized Indian Tribes, including Alaska Native Villages (collectively Indian Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G of the Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the Commission's recent Declaratory Ruling (1), we have contacted the Indian Tribes or NHOs identified in the attached Table for the projects listed in the attached Table. You referred these projects to us between 08/02/2012 and 08/09/2012. Our contact with these Indian Tribes or NHOs was sent on 08/09/2012. Thus, as described in the Declaratory Ruling (2), if you or Commission staff do not receive a statement of interest regarding a particular project from any Tribe or NHO within 20 calendar days of 08/09/2012, your obligations under Section IV of the NPA with respect to these Indian Tribes or NHOs are complete(3). If an Indian Tribe or NHO responds that it is interested in participating within the 20 calendar day period, the Applicant must involve it in the review as set forth in the NPA, and may not begin construction until the process set forth in the NPA is completed. You are reminded that Section IX of the NPA imposes independent obligations on an Applicant when a previously unidentified site that may be a historic property, including an archeological property, is discovered during construction or after the completion of review(4). In such instances, the Applicant must cease construction and promptly notify, among others, any potentially affected Indian Tribe or NHO. An Indian Tribe's or NHO's failure to express interest in participating in pre-construction review of an undertaking does not necessarily mean it is not interested in archeological properties or human remains that may inadvertently be discovered during construction. Hence, an Applicant is still required to notify any potentially affected Indian Tribe or NHO of any such finds pursuant to Section IX or other applicable law. Sincerely, Dan Abeyta Assistant Chief Spectrum and Competition Policy Division Wireless Telecommunications Bureau 1) See Clarification of Procedures for Participation of Federally Recognized Indian Tribes and Native Hawaiian Organizations Under the Nationwide Programmatic Agreement, Declaratory Ruling, FCC (released October 6, 2005) (Declaratory Ruling). 2) Id S ) We note that, under the Declaratory Ruling, an expression of interest by an Indian Tribe or NHO addressed solely to the Commission staff during the 20-day period is sufficient even if it does not contact the Applicant. 4) Id at S 11. LIST OF PROPOSED COMMUNICATIONS TOWERS TCNS# Referred Date: 08/06/2012 Location: 59 Lynn Lane - L694, Henderson, NV

31 Tribe Name: Chemehuevi Tribe Tribe Name: Fort Mojave Indian Tribe Tribe Name: Hualapai Tribe Tribe Name: Las Vegas Paiute Tribe TCNS# Referred Date: 08/06/2012 Location: Section 6,Township 16 South,Range 49 East MDM - Armargosa, Nye County, NV Tribe Name: Benton Paiute Tribe Tribe Name: Duckwater Shoshone Tribe Tribe Name: Fallon Paiute-Shoshone Tribe Tribe Name: Shoshone-Bannock Tribes, Cultural Resources Tribe Name: Yomba Tribal Council LEGEND: * - Notification numbers are assigned by the Commission staff for sites where initial contact was not made through TCNS.