CONSULTING SERVICES
ACE Environmental, LLC (ACE) is a full service, environmental consulting firm established in 2005 which is dedicated to solving environmental problems and regulatory issues while maintaining our high standards for quality reports and customer service. ACE is also WBENC certified, as well as a certified WOSB, and certified in the CA CPUC Supplier Clearinghouse.
ACE offers commercial, financial, and telecommunications clients a full range of environmental consulting and NEPA services. Our goal is to provide our clients with sensible and economic solutions to protect their business interests and liability while maintaining a safe and healthy environment.
Environmental and regulatory services that ACE provides to our clients include the following:
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REPORTS
The National Environmental Policy Act (NEPA) of 1969 requires all federal agencies (i.e., Federal Communications Commission-licensed cell phone companies, as well) to implement procedures to make environmental consideration a necessary part of their decision-making process.
ACE specializes in evaluating telecommunications facilities for NEPA compliance. The FCC rules implementing NEPA are found at Title 47 of the Code of Federal Regulations (CFR), Part 1, Subpart I, rule sections 1.1301 to 1.1319.
NEPA compliance for wireless antenna facilities includes an evaluation of current regulations, including 47 CFR and the Nationwide Programmatic Agreements (NPAs) of 2001 and 2005 and further amendments and Programmatic Agreements. The preparation of NEPA documentation under 47 CFR includes an evaluation of eight primary points as defined within Section 1.1307 (a)(1) through (8), including:
Wilderness Areas
Wildlife preserves
Endangered and threatened species and designated critical habitats
Historic places
Native American religious sites
Flood plains
Wetlands and surface features
High intensity white lights
Through this process, ACE and our team of archaeologists and biologists coordinate with various state and federal government agencies, including State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Offices (THPOs), Native American tribal groups, and the United States Fish and Wildlife Service (USFWS).
TRIBAL AND SHPO CONSULTATIONS
ACE has extensive experience with the FCC’s Tower Construction Notification System (TCNS), which is a web-based electronic tribal notification system for Federally recognized tribes. Upon the request of the client and receipt of the proposed plans/1A for the site, ACE will notify tribal groups with areas of interest in the vicinity of the site. Subsequently, follow-up letters are sent to the Native American tribal organizations which do not respond via the TCNS system. Consultation also occurs with State recognized Tribes (such as in California via the Native American Heritage Commission (NAHC)).
ACE also regularly interacts and maintains an excellent relationship with the State SHPO officers in order to facilitate their reviews of ACE’s submittals on behalf of our clients to obtain timely responses and clear, reasonable resolutions to any questions that may arise during the Section 106 consultation process. ACE also maintains thorough knowledge of the individual State’s SHPO preferences (e.g. State of CA 3-checkbox cover page that must be included with every submittal), the Federal E106 system, and various individual States' E106 systems as well.
ANTENNA STRUCTURE REGISTRATION AND FEDERAL AVIATION ADMINISTRATION
ACE also has extensive experience with the FCC’s Antenna Structure Registration (ASR) system, which is also a web-based electronic system. Upon the request of the client and receipt of the proposed plans/1A for the site, ACE will initiate both the local and national notices that must be performed if a site requires the ASR registration process, as well as following up with Part II of the ASR application process.
In addition, ACE has extensive experience with Federal Aviation Administration (FAA) filings. ACE has access to a proprietary Airspace system. When for example a proposed cell tower fails Airspace, FAA filings must take place for the proposed structure. This involves entering coordinates, elevations, frequencies, and other specific information relative to the structure into the FAA web-based portal. The FAA will then study and issue a determination on the structure. The determination may indicate no hazard or may indicate the need for special markings or lights on the proposed towers, especially if they are located near an airport.
NPA LETTERS
If a site is exempt from either SHPO and/or THPO/Tribal consultations from either the 2001 or 2005 NPA (or subsequent amendments and Programmatic Agreements), ACE prepares an NPA Letter. NPA letters detail a site’s applicability to the NPA and the criteria the site meets in order to be eligible for an exemption from the SHPO and/or Tribal consultation process.
CULTURAL REPORTS AND HISTORICAL ARCHITECTURAL REPORTS
Many times, during the course of the NEPA evaluation, a Cultural/archaeological study must be performed. Often it requires a survey of the land. If a site is being submitted to SHPO, a land survey is almost always required in order to determine effect on the Direct and Indirect Areas of Potential Effects of a site. And often times, the level of cultural study that is necessary for the site just entails a Cultural Records Search only (for example some collocations under the 2001 NPA or some SHPO exempt sites under the 2005 NPA).
On occasion during the course of the NEPA evaluation, a historic architectural study of a structure or building must be performed. In particular this study is needed if the client proposes to collocate or build onto a structure that is over 45 years old. SHPO often requires that over 45-year-old structures be evaluated for their eligibility to the National Register of Historic Places, and if the collocation is a possible adverse effect to said structure.
BIOLOGICAL REPORTS AND NESTING BIRD SURVEYS
Often during the course of the NEPA evaluation, a Biological study must be performed. Sometimes this simply consists of database research only. Other times it also consists of a survey of the land. Mitigation measures, if any, are recommended in the biological reports. The qualified biologist will determine if there is a potential adverse effect to threatened/endangered species and/or critical habitat, and if so, if consultation with the USFWS may be warranted. In addition, during the nesting bird season (typically mid Feb through late Aug), ACE provides the service of nesting bird surveys to protect our Clients' liability with protected bird species under the Migratory Bird Treaty Act. Also, as ACE performs a substantial amount of work in the desert Southwest, the desert tortoise (as pictured) is a common species in that area.
MITIGATION MEASURES
It is not uncommon for mitigation measures to result from the NEPA evaluation. These mitigation measures can commonly consist of things such as: nesting bird surveys, tribal monitoring, archeological monitoring, and/or biological monitoring. ACE performs nesting bird surveys, archeological monitoring, and biological monitoring as needed for our clients on a regular basis.
PHASE I AND PHASE II ENVIRONMENTAL SITE ASSESSMENT (ESA)
A Phase I Environmental Site Assessment (ESA) is conducted to identify potential contamination that impacts a property and presents an environmental risk. A Phase I ESA is required as part of the due diligence process during a real estate transaction, such as property purchase, sale, refinancing, or land lease. Phase I ESAs are also common for telecommunications sites that require ground disturbance.
Typically, a financial institution (lender), will require a Phase I ESA to be conducted, however, public agencies sometimes request a Phase I prior to a redevelopment effort.
Through evaluation of current and historical sources, a Phase I ESA documents the history of a property. First, an Environmental Professional (EP) will collect information from various sources, such as government databases, agency records, historical aerial photographs, historical topographic maps, fire insurance maps, city directory listings, and interviews. The EP will also conduct a site reconnaissance to identify the current conditions of the subject property and surrounding properties. Then, the EP prepares a report summarizing information collected throughout the process, including the findings about the environmental health of the property.
A Phase I ESA is performed to determine the presence of a recognized environmental condition (REC) as defined by the American Society for Testing and Materials (ASTM) Practice E 1527-05 Environmental Site Assessments and to ascertain the extent of liability associated with historic or current uses of the subject or surrounding properties and the potential negative environmental impact to the subject property. The ASTM practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The Phase I ESA scope of work consists of four major elements: records review, site reconnaissance, interviews, and report preparation. Beginning on November 1st of 2006, all ESAs must meet the criteria outlined in the Standards and Practices for All Appropriate Inquiry (AAI) (40 CFR 312). ACE is knowledgeable of the current standards of practice and is licensed to perform and write Phase I ESAs in the states in which we work.
On occasion, a Phase II ESA will be recommended. If so, a Phase II ESA involves intrusive testing of materials such as soil and/or groundwater to identify and/or confirm the presence or absence of adverse environmental impact. The key to an effective and accurate Phase II ESA investigation is the collection of representative samples, the use of accredited laboratories for detailed analysis, and the preparation of defensible conclusions by experienced professional and technical staff. ACE ensures that all Phase II ESA work is conducted with a strict adherence to health and safety as well as jurisdictional procedures to protect staff, contractors, the subject site, and the client's liability.
LIMITED ASBESTOS AND LEAD BASED PAINT SURVEYS
ACE helps building owners and managers meet their regulatory requirements to test suspect materials for asbestos containing materials (ACM) and lead based paint (LBP) prior to renovation or construction activities by our certified and licensed professionals. Following the survey, ACE provides a report of findings that includes the locations, sample results, and assessment of ACM and LBP identified.
ACM and LBP surveys are also quite regular in the wireless industry as it is very common for telecom companies to collocate their antennas onto existing structures and buildings. Depending the age of the building, and to protect the construction workers under the Occupational Safety and Health Administration (OSHA), it is customary for an ACM/LBP survey to be conducted prior to the installation of the antennas, to protect the telecom company's liability and the worker's health.