**TOULON PEAK**

**COMMUNICATIONS SITE PLAN**

**Prepared by the United States Department of the Interior**

**Bureau of Land Management**

**Winnemucca Field Office**

**Winnemucca, Nevada**

**Approved by:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Assistant Field Manager, Nonrenewable Resources Date**

**TOULON PEAK COMMUNICATIONS SITE PLAN**

I. INTRODUCTION

A.  Terms and Definition 1

B.  Purpose 2

C.  Site Description 3

D.  Area Served 3

E.  Access 3

F.  Site History and Development 3

G.  Goals and Objectives of Site Management Plan 3

II\. AUTHORITY AND DIRECTION

A.  Authority 4

B.  Relationship to Communications Site Lease 5

```{=html}
<!-- -->
```
III. GENERAL RESPONSIBILITIES

A. The Bureau of Land Management retains the responsibility for: 5

B. Facility Owners and Facility Managers (or their designated

representatives) are responsible for: 5

> C. FCC and NTIA/IRAC are responsible for: 7

IV\. AUTHORIZED USES AND USERS WITHIN A FACILITY

A. Exclusive Use of a Facility by a Single User 7

B. Use by Multiple Users 7

V. FEES

A. Fees 8

VI\. GENERAL OPERATION AND MAINTENANCE DIRECTION

A. Unique Resource Considerations at this Communication Site 8

B. Wiring and Grounding 8

C. Communications Equipment 9

D. Cables and Transmission Line (Wave Guides) 12

E. Radiation 12

F. Utilities-Availability of and Requirements for: 13

G. Sanitary Facilities 14

H. Security and Law Enforcement 14

I. Site Maintenance 15

J. Inspections 16

K. Fire Prevention and Hazard Reduction Requirements 16

L. Access Maintenance and Restrictions 17

VII\. CONDITIONS FOR CONSTRUCTION, MODIFICATIONS OR EXPANSION

A. Construction Methods and Resource Protection 19

B. Construction Inspection 21

C. New or Remodeled/Expanded Buildings 21

D. New or Remodeled/Expanded Towers 22

VIII\. SITE ASSOCIATION/ADVISORY GROUP

IX\. APPENDICES

A. Site Map A-1

B. Authorized Facilities B-1

C. Site Photographs C-1

D. Inspection Checklist D-1

**I. INTRODUCTION**

**A. Terms and Definitions**

The terms used in this communication site plan conform to the
definitions listed in the October 27, 1995, Federal Register notice "Fee
Schedule for Communications Uses on Public Lands" and clarifications
provided in Bureau of Land Management Handbook 2860-1. In the event of a
conflict, between the plan and these sources, the Federal Register
notice and the Bureau of Land Management Handbook will govern.

The words "lease" and "lessee" as used in this plan refer to the
relationship between the Bureau of Land Management (BLM) and the
communications use leaseholder, the lessee. The words "customer" and
"tenant" refer to the relationship between the lessee and the occupants
in the lessee's facilities.

LEASE -- An authorization issued to a communication facility owner or
facility manager, allowing for the use of public lands to construct and
or operate a communications facility and, unless specifically
prohibited, to sublease to occupants in that facility.

LEASEHOLD OR LESSEE -- Facility Owner/Facility Manager.

CUSTOMER - Entities that pay a facility owner, facility manager or
tenant for communications services and are not re-selling or
broadcasting communications services to others.

TENANT -- A communications user who rents space in a communications
facility and operates communication equipment for the purpose of
re-selling, or broadcasting communications services to others for
profit.

COMMUNICATIONS SITE -- An area of public land designated through the
land and resource management planning process. 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 a
local prominent landmark, such as Toulon Peak Communications Site.

FACILITY MANAGER -- The holder of a Bureau of Land Management
communications use authorization who leases space for other
communication users. A facility manager does not directly provide
communications services to third parties.

FACILITY OWNER -- Individual, commercial activities, organizations, or
agencies that, own a communication facility on Federal Land; own and
operate their own communications equipment; and hold a communication use
authorization.

NON-BROADCAST -- This category includes Commercial Mobile Radio Service
(CMRS), Facility Managers, Cellular Telephone, Private Mobile Radio
Service (PMRS), Microwave, Local Exchange Network, and Passive
Reflector.

BROADCAST -- This category includes Television Broadcast, AM and FM
Radio Broadcast, Cable Television, Broadcast Translator, Low Power
Television, and Low Power FM Radio.

TOWER - a building or structure typically higher than its diameter and
high relative to its surroundings that may stand apart (as a campanile),
or be attached (as a church belfry) to a larger structure, and that may
be fully walled in or of skeleton framework (as an observation or
transmission tower).

**B. Purpose**

This plan is intended to be used by BLM officials, administering
communication uses at Toulon Peak, existing lessees, and applicants
desiring a lease or a lease amendment. The plan will be kept updated by
amending pages or sections of the plan rather than issuing a revised
edition of the plan. When a revision is necessary, the plan will be
amended by letter from the Assistant Field Manager (AFM), Nonrenewable
Resources enclosing a copy of revised pages or sections. The amendments
will be consecutively numbered.

Overall management direction for the administration of communications
sites is outlined in the applicable U.S. Code of Federal Regulations
(CFR's) and BLM Handbook. Specific direction for site management
planning on designated communications site is contained in BLM Handbook
2860-1. Primary regulations and policy pertaining to issuance of
special-use authorizations by the BLM are found in Title 43, Code of
Federal Regulations, Sections 2801- 2803 and BLM Handbook 2860-1.

The 1982 Winnemucca District Resource Management Plan (RMP) currently
does not specifically address communications uses. A revised Winnemucca
district-wide RMP is scheduled to be addressed beginning in FY 2005.
This revised RMP will recognize and designate Toulon Peak Communications
Site for mixed low-power, non- broadcast and broadcast uses. Primary
management of the current site is to assure historical two-way radio,
point-to-point microwave, cellular, TV translators and low power
broadcast.

No communications site plan has ever been prepared for this site. This
plan has technical standards for better management of Toulon Peak
Communications Site. This plan governs development and management of
Toulon and will be modified in the future as needs and conditions
warrant. Any future such uses must be designed, installed, operated, and
maintained to be compatible and not interfere with the primary uses.

**C. Site Description**

The site is located on a peak which is located in the Winnemucca Field
Office area, approximately 12.5 air miles southwest of Lovelock, Nevada,
in section 16, T. 26 N., R. 29 E., MDM, NV, at approximately 40º 07' 05"
North Latitude and 118º 43' 38" West Longitude. The elevation on top of
the Toulon Peak Communication Site is 6,300 feet above mean sea level
(msl). The site is currently divided into 3 clusters of facilities. This
communications site does not physically set on Toulon Peak which is
located southwest of the site.

A site map is provided as Appendix A.

**D. Area Served**

This site primarily does not serve a Ranally Metro Area (RMA). It is
primarily a microwave point-to-point site. The largest community served
is Lovelock, Nevada. The population of Lovelock, as of the 2000 U.S.
Census, is 2,003 and for Pershing County 6,598. This information will be
used for fee determination.

**E. Access**

Full public right-of-way access to Toulon Peak Communication Site is
from Interstate 80 on a native material road authorized under grant
number N-6547 to the Nevada Division of State Lands.

**F. Site History and Development**

Toulon Peak Communications Site and the surrounding area have been used
for mining and exploration for decades. The first communication
right-of-way grant appears to have been issued in 1969 to State of
Nevada Department of Highways (N-2746). Actual occupancy of the site for
this purpose probably predated this first grant.

**G. Goals and Objectives of Site Management Plan**

1\. The Toulon Peak Communications Site will be managed as a mixed
broadcast and non-broadcast communication site.

2\. Communication equipment on Toulon Peak will be managed to reduce the

RFR hazard to be within the Public Standard as defined by the FCC Office
of Science & Technology (OST) Bulletin 65 Version 97-01, including all
supplements (Evaluating Compliance with FCC-Specified Guidelines for
Human Exposure to Radio Frequency Electromagnetic Fields).

3\. The site will be systematically developed to maximize the number of
compatible uses while ensuring safety and protection of resources.
Development of new towers or buildings within each of the authorized
owner's facilities will be authorized only after their respective tower
or building space area is filled to near capacity.

4\. Present a program for future growth, development and operation with
the site.

5\. Help fulfill the public need for adequate communication sites.

6\. Protect the interests of leaseholders and site users by preserving a
safe and electronically "clean" environment.

7\. Encourage the efficient development and use of space and facilities
within the designated site, subject to the Agency goal to provide the
best possible public service at reasonable cost.

8\. Achieve visual quality objectives by requiring design standards that
are unobtrusive and utilizing earth tone colors and non-reflective
surface material and stringent site maintenance requirements.

9\. Describe the Agency policy for authorizing road use and maintenance.

10\. Establish the framework for a User's Association, which could
provide recommendations to the BLM authorized officer when there are two
or more lessees.

11\. New facilities will be developed only after the appropriate
site-specific NEPA analysis and coordination with current lease holders
and users. This future development must also be consistent with the
Winnemucca Field Office RMP/EIS, when approved.

12\. This Communications Site Plan shall be amended as necessary to be
consistent with the Revised Winnemucca Field Office RMP/EIS, when it is
approved.

**II. AUTHORITY AND DIRECTION**

**A. Authority**

BLM authority to authorize communications uses on public land
(administered by the BLM) is granted by the Federal Land Policy and
Management Act of 1976, 90 Stat. 2776 (43 U.S.C. 1761-1771) and is
reflected in Title 43 Code of Federal Regulations, Sections 2801--2803
and WO IB 98-23.

BLM authority for communications site management planning is contained
in BLM Handbook 2801-1, Plan of Development. Direction on and policy for
communication use authorizations is contained in BLM Manual section
2860. Authority for the issuance of authorizations and/or licenses for
the transmission and reception of electronic radiation for communication
purposes is granted by Congress and administered by the Federal
Communications Commission (FCC) and/or the National Telecommunication
and Information Administration -- Interagency Radio Advisory Committee
(NTIA/IRAC).

**B. Relationship to Communications Site Lease**

This site plan will be incorporated into all leases issued for this
communications site and must be used in conjunction with the lease.
**PROVISIONS OF THE SITE PLAN ARE ENFORCED THROUGH THE LEASE.** Each
lessee is expected to include the requirements of the lease and the site
plan into any documents which describe the business relationship between
the lessee and the lessee's tenants and customers. The lessee is
responsible for enforcing those provisions.

**III. GENERAL RESPONSIBILITIES**

**A. The Bureau of Land Management retains the responsibility for:**

The BLM retains the responsibility for issuing and amending leases to
facility owners and facility managers, only for the areas actually
occupied by the authorized improvements. Granting occupancy and use of
public lands rest exclusively with the BLM Title 43, Code of Federal
Regulations (CFR), Sections 2801--2803.

1\. The issuance of a FCC license (authorization), or frequency
assignment, does not authorize occupancy of public lands.

2\. Approving amendments to leases to qualified buyers of facilities on
the site.

**B. Facility Owners and Facility Managers (or their designated
representatives) are responsible for:**

1\. Complying with their authorization and all sections of this
Communications Site Management Plan.

2\. Insuring that all new facilities, expansions, or improvements are
consistent with the BLM Winnemucca Field Office planning documents; any
environmental document(s)/decisions for the site; and this Site Plan.

3\. Ensuring facilities/equipment existing on the site prior to the
approval of this plan not complying with Federal/State/local
laws/regulations/

ordinances will be removed or modified within one year of the approval
of

this plan. Any modification needs pre-approval of the BLM.

4\. Keeping all facilities within the established limits of their
authorized area.

5\. Each Facility Owner and Facility Manager, or applicant for a new
facility, will provide the BLM, with the name, address, and phone number
for a local contact person. The Facility Owner and Facility Manager and
the contact person may be the same individual. The contact person will
be available for emergencies and will have the authority to make
decisions about construction issues, facility maintenance, and all
equipment within the facility.

6\. Under the Facility Owner/Manager Communications Use Lease or
Special-Use Permit:

a\. Facility Owners and Facility Managers with subleasing authority are
authorized to rent building/tower space to tenants and/or customers
without prior written approval from the Bureau of Land Management.

b\. Tenants and/or customers using a facility covered by a
Communications Use Lease/Special-Use Permit will not have separate BLM
permits to authorize the use.

c\. Facility Owners and Facility Managers are responsible for complying
with the terms and conditions of the Communications Use Lease or their
valid Special-Use Permit. Facility Owner/Managers are also responsible
for ensuring that their tenants and customers are in compliance with the
terms and conditions of the lease or permit, and applicable FCC or
NTIA/IRAC license terms and conditions.

d\. The Facility Owner and Facility Manager may not place any
unreasonable restrictions on tenants and/or customers, or potential
tenants and/or customers.

7\. Facility Owners/Managers will ensure that all communications
equipment is properly installed, operated, and maintained.

8\. Facility Owners/Managers will ensure that all communication
equipment meets ANSI, FCC and BLM regulations, guidelines and standards
concerning radiation limitations.

a\. Monitoring radiation levels at their facility and;

b\. Immediately correcting any radiation levels that are, or could be a
hazard to human health.

9\. Each Facility Owner and Facility Manager must provide a certified
copy of their use and the category of use along with the current phone
numbers and address of all tenants and customers as of September 30^th^
each year. This report is due by October 15^th^.

**C. FCC and NTIA/IRAC are responsible for:**

The responsibilities of the FCC and NTIA/IRAC are frequency management.
Correcting interference problems is the responsibility of the affected
licensees. The FCC and NTIA/IRAC are not normally responsible for the
resolution of conflicts when the licensees or agencies are operating
within the limits of the authorization.

**IV. AUTHORIZED USES AND USERS WITHIN A FACILITY**

**A. Exclusive Use of a Facility By a Single User**

Several facilities currently have no tenants or customers. Unless
unexpected demand occurs, these facilities will be allowed to remain as
single user facilities at the Toulon Peak Communications Site.

**B. Use by Multiple Users**

New facilities and improvements **[will be]{.underline}** required to
have more than one user. Site applicants will take the lead in this area
and design their proposals to accommodate multiple uses of facilities
and improvements. This includes multiple uses of buildings, towers,
solar generating systems, back- up generators, ground 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, must be designed to
accommodate additional users even if other users are, or could be
competitors. Clustering and consolidating of uses is required for
multiple uses wherever feasible. Examples would be locating all solar
panels, fuel tanks, and/or battery storage vaults in a single area, or
co-locating these improvements as close together as possible.

Facility Owners and Facility Managers are not required to lease facility
space to others if they can prove to the BLM authorized officer that:

1\. Space is not available;

2\. The use is incompatible with the existing facilities;

3\. Additional space is needed by the facility owner/manager;

4\. Additional users would violate system security needs; or,

5\. Potential interference is not resolvable.

**V. FEES**

**A. Fees**

The BLM will charge Facility Owners and Facility Managers annual fees
based on the Rent Schedule for Communications Uses on public lands as
adjusted annually. These fees will be fair market value for the use of
public lands. Since this site is not within an established Ranally Metro
Area (RMA), the population zone of less than 25,000 will be used for
these calculations unless specifically agreed by the authorizing
officer.

Fees that Facility Owners and Facility Managers may charge their tenants
and "customers" are to be:

1\. Reasonable and commensurate with the uses and occupancy of the
facilities and services provided to tenants and "customers" and;

2\. Consistent with, and not in excess of, other fees for similar
facilities.

**VI. GENERAL OPERATION AND MAINTENANCE DIRECTION**

**A. Unique Resource Considerations at this Communication Site**

1\. There are no currently identified special resource coordination
considerations with on-site or adjacent resource values. Should special
conditions arise through the RMP/EIS process; this plan will be amended
accordingly.

**B. Wiring and Grounding**

1\. All equipment is to be installed within existing buildings and on
equipment racks that are grounded. Grounding is to be installed in
accordance with accepted standards.

2\. All electrical wiring and grounding must meet the "National
Electrical Code" and applicable state codes. All permanent wiring shall
be installed in metallic conduit.

3\. Every effort will be made to protect the equipment from lightning
damage.

4\. Each building is to have its own grounding system for all users in
that structure.

5\. Grounding shall be installed in accordance with accepted practices
and standards.

6\. Grounding using bentonite clays is currently the only approved
method for chemical grounding. Chemicals, other than bentonite clay,
will require completion of NEPA documentation by the applicant prior to
consideration for approval by the Assistant Field Manager, Nonrenewable
Resources.

7\. Lessee shall display a permanent sign showing the BLM identification
right-of-way grant number on all improvements authorized by the lease,
and a current 24-hour phone contact number.

**C. Communications Equipment**

[Radio Equipment Ownership]{.underline}

The building shall contain:

1\. A copy of their valid FCC or IRAC authorization;

2\. Transmitting Power output(s).

[Transmitting Equipment]{.underline}

All transmitters will have protective devices, designed into or
externally installed, to prevent interference to other users. All
transmitters will meet applicable FCC or NTIA licensing requirements.

The re-radiation of intercepted signals from any unprotected transmitter
and its associated antenna system will be prevented by the use of
appropriate filters (wide band and narrow band broadcast transmitters).
The direct radiation of out- of-band emissions (i.e., noise or spurious
emissions) will be reduced to a level such that they may not be
identified as a source of interference as defined in the FCC Rules and
Regulations (e.g., Part 90.209(e)). If site noise (electromagnetic
noise) becomes an issue, noise threshold limits will be established and
amended into the Site Plan.

[Receiving Equipment]{.underline}

A bandpass device (cavity, crystal filter, etc.) is recommended at the
input of all receiving devices. Cavity filters, or other protective
device, may be used at receiver inputs to reduce interference. Where
duplexing is used, use of the notch type device should be avoided. In
situations where a notch type device is used, a bandpass filter must be
used with the transmitter.

[Tower]{.underline}

1\. Generally only one tower is authorized for each facility owner.
Facility Owners and Facility Managers may obtain permission by applying
for a lease amendment, to construct the second tower only after
submitting evidence that demonstrates that their existing tower(s)
is/are completely filled and full use has been made of combining
systems.

2\. All towers will be left unpainted, if they are dull, galvanized
steel. If paint is required, the BLM will approve only non- reflective
colors from the Munsell Soil Color Chart, Standard Environmental Colors.
The exception is when the FCC requires red/white striping.

3\. No lights, beacons or strobes will be allowed on towers (including
antennas) less than 200 feet high.

[Antennas]{.underline}

1\. All antenna emissions must meet all OSHA safety standards. If an
antenna's emissions exceeds FCC public or occupations standards, it will
be remedied within 24 hours after remedial measures are taken or the
offending equipment is isolated (e.g., fencing, signing, relocation,
lowering power levels are all possible remedies). Ground measurements of
Radio Frequency Radiation (RFR) levels will be taken before mitigation
measures are implemented.

2\. Color(s) for dish antennas, or covers, must be pre-approved by the
BLM. White dish antennas and/or covers will not be approved. Existing
white dishes and covers must be repainted or replaced as repairs or
replacement become necessary.

3\. Antennas will be treated with low to non-reflective paint.

[Interference]{.underline}

The responsibility for correcting interference problems is a matter for
resolution between the permit/lease holder of the facility(ies), the
user causing the interference, and the affected party(ies). Generally,
the first users on a site have seniority with respect to the resolution
of interference complaints. Senior holders have an obligation to
maintain their equipment to industry standards, to operate their systems
in accordance with the terms of both the FCC license and NTIA/IRAC
frequency authorization, and to comply with the BLM authorization. New
users on a site must correct, at their expense, interference problems
that they create. They must cease operation of the suspect equipment
until the problem is corrected. 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.

The BLM does not have authority for correcting interference problems,
but can act as a mediator to help all affected parties. Interference
problems should be coordinated with the FCC or NTIA/IRAC, whichever is
appropriate.

Interference with law enforcement and/or emergency communications must
be corrected immediately. The operation of equipment covered by this
Site Plan shall not interfere with permanently located --
mobile/portable equipment or temporary, i.e., NIFC fire repeaters, are
subject to, and must accept interference from the permanent facilities
on site. United States Government radio or electronic operations already
in existence on public land within two (2) miles of the site to which
this authorization refers does not have to accept interference. The user
causing this interference, shall, at its own expense, take all action
necessary to prevent or eliminate such interferences. If it does not
eliminate such interference within ten (10) days after receipt of notice
from the BLM to do so, this use will be terminated.

If electromagnetic noise becomes an issue, noise thresholds will be
established and amended to this Plan.

**D. Cables and Transmission Line (Wave Guides)**

All new cabling will be jacketed and shielded and shall either be
flexible or semi- rigid type (with the exception of rigid wave guide and
rigid transmission line for high power TV broadcasters). Existing
substandard cables will be upgraded as repairs or replacement become
necessary. Cables will be properly installed and will be strapped and
fastened down. All cables shall be brought into the building at a single
entrance port, wherever possible, with grounding and lightning
suppression located at this point. When attaching cables onto a tower,
all cabling should go up the tower on a common pathway. All transmission
lines (wave guides) are to be supported in accordance with
manufacturer's specifications. Jacketed flexible, semi-rigid or solid
shielded cable will be used. No braided shield type cable is permitted.
No connector- type adapters will be used on transmission lines. Only
correct connectors that will mate to connected devices are to be used.

If conduits are used, they will be shared when they service common areas
and will be buried where possible.

**E. Radiation**

If a monitoring report is generated, a copy will be provided to the BLM
within 30 days of its generation. Onsite radio frequency radiation (RFR)
measurements will be taken using appropriate equipment that can
adequately measure both on-tower and on the ground levels before
mitigation measures related to RFR are implemented.

Security fences with RFR notice signs are required around areas that
exceed public use levels. All fencing location and design or new tower
construction must be pre-approved by the BLM.

Reducing power may also be required if other alternatives are not
feasible. Raising higher power transmitting antenna on the tower or
adding a taller tower may be necessary to eliminate RFR hazards.

Warning signs will comply with ANSI C95.2 color, symbol, and content
conventions. Contact information including name and telephone number
will also be included on warning signs.

Lowering power levels for on-tower access during maintenance will be
coordinated between effected users. Any identified RFR radiation
problems that are, or could be, a human health hazard must be corrected
within 24 hours after measurement tests have been completed or be
removed from the service by the site user(s). User(s) will discuss with
BLM any ground disturbing proposals, and must gain pre-approval from the
BLM prior to beginning work.

**F. Utilities-Availability of and Requirements for:**

[Commercial Electrical Power]{.underline}

Commercial power is provided to the site under permit to Sierra Pacific
Power Company. If the existing overhead power line is placed
underground, all poles shall be removed and all other utilities using
said poles will relocate their facilities into a common underground
trench. The distribution line and portions of the service drops are
aerial. Future service drops or modifications will be buried.

[Telephone Service]{.underline}

There is no hardwire service provided to this site.

If this service is ever deemed necessary, site users will pay for the
cost of:

1\. The necessary recourse surveys and reports for service connections;
and

2\. The cost of constructing service connections; including the cost of
the preparation of NEPA documentation and acquisition of a utility
right-of- way.

For visual reasons, additional overhead utility poles will not be
authorized.

[Fuel Tanks]{.underline}

All facility owners are responsible for providing fuel storage (propane
and diesel) and emergency power for their tenants. No tenants will be
authorized doe their own fuel tank and/or generator. Fuel storage will
preferably be consolidated into a tank large enough in size to
accommodate all tenants by each facility owner. At a minimum, tanks will
be grouped together in a consolidated area adjacent to their facilities.
All fuel, storage tanks (e.g., LPG, propane and diesel) must meet
current fire department, Federal, State and County safety and hazardous
materials requirements.

1\. All tanks will be:

a\. Signed in red letters, "SMOKING OR OPEN FLAME PROHIBITED WITHIN 20
FEET;"

b\. In conformance with National Fire Protection Association (NFPA)
requirements; and,

c\. Painted an approved color, or screened by an enclosure to blend in
with the natural environment. (If an enclosure is used, it must be
pre-approved and painted an approved color.)

d\. Have protection installed over the valves and other connections to
prevent damage from falling ice.

2\. Diesel tanks will also be:

a\. Enclosed in BLM and fire department approved secondary containment
vaults that are painted a BLM-approved color.

b\. Constructed with underground fuel lines. Fuel line must be
constructed of black, treated pipe and fittings, and must be posted.

**G. Sanitary Facilities**

Plans for any new sanitary facilities must be pre-approved by the BLM.
If it is determined by the BLM that the user needs such facilities, they
will be provided by the applicant/holder in a manner and location
satisfactory to the BLM and within the requirements of the Pershing
County Health Department.

**H. Security and Law Enforcement**

The Pershing County Sheriff's Department is the key law enforcement
agency for the area. They are responsible for most civil and criminal
matters. The BLM will be responsible for enforcing matters related to
uses of BLM lands (e.g., resource protection issues).

Patrol and policing for security purposes is the leaseholder's
responsibility. If the leaseholders desire to have the protection of
extra fencing, BLM approval must be obtained first. To reduce visual
clutter and efficiently utilize existing space, fencing groups of
buildings will be encouraged.

No gates are currently on the access road. If deemed necessary, the gate
location must be approved in advance by the BLM and must be adequate for
BLM and County Fire Department access needs.

[Fencing]{.underline}

1\. All fences must meet health and safety requirements.

2\. All fence locations and design require BLM pre-approval. The
standard fencing type will be chain-link (i.e., cyclone).

3\. The standard fence height will be eight (8) feet.

4\. Fencing will be designed and of a type to minimize interference
issues.

5\. Fences will be signed in accordance with FCC OST 65 and applicable
OSHA recommendations or standards.

6\. All cyclone-type fencing materials will be galvanized.

**I. Site Maintenance**

The objective of maintenance activities is to present a clean, neat, and
orderly appearance at the site and have all of the authorized
improvements safe for workers and the public. All users will keep up the
overall appearance of the site.

Miscellaneous debris remaining after any construction and/or equipment
installation, removal or modification, is not only hazard, but can cause
interference or intermodulation problems. In particular, all loose wire
or metal objects are to be removed from the site.

The users of the Site will decide who will remove all graffiti within 10
working days of its discovery. If graffiti is on natural features (e.g.,
rocks), the graffiti will be removed in a method approved by the BLM.

No outside trash or litter containers will be provided. Site users,
(i.e., lessees/ holders) will remove litter from the site as it is
produced. Policing of litter in common areas (i.e., areas between
buildings and developed sites) is the shared responsibility of those
lessees bordering these areas.

During construction and/or maintenance, paint brushes will not be
cleaned off on the rocks around the site and excess materials (e.g.,
cement) will be removed from BLM- administered public land.

Peeling paint on buildings and/or towers will be re-painted within ten
(10) days of discovery.

**J. Inspections**

Unless waived in writing by the BLM, the lessee is to provide, annually,
a certified inspection of the facilities and equipment covered by the
authorization. The inspection will include technical review assuring
authorized equipment is operating within the specifics of this Site
Plan, the FCC and NTIA authorizations, standards, and the manufacturer's
specifications. In addition, the inspection shall assure that the
authorized equipment is secure, free of rust, properly grounded, and
otherwise properly operated and maintained. This inspection should also
review general good "housekeeping". A copy of the inspection report,
certified by a telecommunication specialist, is to .b provided to the
BLM 30-days of completion.

Appendix D provides an example of the inspection checklist.

The BLM may also conduct periodic reviews to monitor for authorization
compliance.

**K. Fire Prevention and Hazard Reduction Requirements**

Facility owners and managers will be required to maintain to bare soil,
a minimum of thirty (30) feet clearance around their buildings and a
minimum of ten (10) feet clearance around any propane tanks. Identified
threatened, endangered, or sensitive plant species must remain within
the minimum clearance areas.

Smoking is prohibited while walking in flammable vegetation.

The roof structure shall be kept reasonably clear of leaves, twigs, and
other 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 a storage locker 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.

Maintain approved spark arresters on all internal combustion engines.

At least one (1) U.L. rated 4 B: C dye chemical fire extinguisher is
required inside each building. Fire extinguisher(s) shall be inspected
annually and refilled, if necessary.

Any fire will be immediately reported to "911", the nearest BLM, Field
Office or County Sheriff. Periodic fire prevention inspections are made
by BLM Officials. They will call to your 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.

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 BLM will provide the lessee with a separate
Construction Fire Plan.

**L. Access Maintenance and Restrictions**

[Roads]{.underline}

The primary access road is under Right-of-Way Grant N-6547 (Nevada
Division of State Lands). The road is not entirely on BLM-administered
lands, as this is in a checkerboard ownership area. A road maintenance
agreement with appropriate blading, drainage and water bar maintenance
standards will be developed between the BLM and users.

Lessees who damage or disturb the access road, or any associated
structures, such as ditches, culverts, roadside vegetation, signs and/or
underground utilities or facilities, will be required to repair the road
to conditions equal to or superior to those prior to any damage or
disturbance.

[Interior Site Driveways/Parking Areas]{.underline}

Roads within the communications site will be the responsibility of the
site users. Interior roads will be planned and approved during
establishment of new facilities. Interior roads will be maintained in a
manner to allow only one entrance to the site. The intent is to
discourage off-road vehicle use in and around the site.

[Road Closures]{.underline}

BLM roads are subject to periodic closures to entry during periods of
extreme fire danger, inclement weather, or wet roads. Authorized site
users may use the site during these general fire closures, if advance
approval is obtained from the BLM.

**VII. CONDITIONS FOR CONSTRUCTION, MODIFICATIONS OR EXPANSION**

In addition to the responsibilities listed in Section III, General
Responsibilities, new Facility Owners and Facility Managers are
responsible for:

1\. Submitting a complete application to the Winnemucca Field Office
prior to any new construction or modifications to existing improvements
(ATTN: "Realty Specialist"). The application must include:

a\. A copy of the approved Site Plan Base Map showing all of the
proposed (new) facilities including structures, towers, and auxiliary
equipment;

b\. Completed drawings/plans prepared by a qualified engineer shall be
submitted to the BLM for approval.

c\. Identification of any microwave beam paths, a plot of their
azimuth(s), and their proposed elevation(s) on the tower;

d\. All proposals must include documentation that shows that proposed
facilities will not be obstructing, or interfering with, any existing
fixed point-to-point antennas, omni-directional broadcast antennas, or
microwave beam paths in the directions of primary population targets.
Proposed beam path needs must be shown on Site Plan Base Map; and

e\. Any needed recommendations, changes or modifications to their
original proposal, based on any required resource surveys and/or
reports.

2\. Demonstrating that their proposals will not cause undue interference
with any existing uses before new facilities can be approved by the BLM,
the applicant has the responsibility to demonstrate that they will not
cause undue interference with any existing uses. In addition, it is the
applicant's responsibility to show that any new facilities will make the
most efficient use of the limited amount of space at the site.

3\. Showing that their proposals will provide for future users without
additional construction are encouraged.

4\. Providing engineering and geotechnical investigations for
development of specific foundation designs and grading plans.

5\. Providing an Erosion Control Plan prior to construction activities.
At a minimum, the Erosion Control Plan must include: sediment control,
stipulations that cut/fill slopes will be graded and contoured to
prevent erosion and/or excessive runoff, and recommendations for
temporary erosion control measure, (e.g., netting, silt fences, swales,
and/or sediment collection areas).

6\. Coordinating with other Federal (e.g., FCC and FAA), State and
County agencies and obtainment of all required approvals and/or permits.

7\. Providing 30-day notice to all facility owners/managers at the site,
as well as the BLM, of all new frequencies proposed for the site. A
completed BLM technical data sheet or equivalent must be sent with the
30-day notice to allow for comment of potential interference. This would
be for new frequencies for themselves and their tenants.

8\. Insuring that all written approvals have been obtained from the BLM
prior to construction. In addition:

a\. Directional broadcast antennas (e.g., translators) will only be
protected within the arch between their licensed 3 dB point.

b\. New and/or modified facilities will not obstruct existing fixed
point-to-point antennas or omni-directional broadcast antennas in
directions of primary population targets.

**A. Construction Methods and Resource Protection**

Plans submitted by an applicant for any new construction or
modifications shall specify provisions for soil rehabilitation measure
including, but not limited to, soil replacement and stabilization and
for proper handling of runoff from buildings, parking area, access
roads, and undeveloped common areas.

During construction, the following methods and resource protection
measure will be required to minimize impacts:

1\. Identify, avoid and protect sensitive resource areas, as identified
by the BLM.

2\. Compliance with Erosion Control Plan.

3\. During construction and/or maintenance, paintbrushes will not be
cleaned off on rocks around site and no marks of any kind (including
survey) marks will be permitted on rocks.

4\. Minimize ground disturbance and vegetation removal as much as
possible during construction activities. All ground-disturbing
activities require BLM pre-approval.

5\. Any extensive cut and fill slopes will be re-vegetated with native
vegetation as soon as possible after construction. All re-vegetation
requires BLM pre-approval.

6\. No grading material will be cast off during
construction/reconstruction activities. Excess soil can be used for fill
material on road and/or building/tower pads.

7\. Temporary, on-site storage of construction materials will require
pre-approval by the BLM.

8\. Construction materials and supplies, except for hazardous materials
(see number 9. below), may be left unattended at the construction site
at the end of each workday, but at the owner's risk.

9\. Hazardous materials, including, but not limited to all fuels, oils,
and lubricants are not to be left unattended at the site at any time.
During construction, these materials are to be removed from the site at
the end of each workday, or temporarily stored inside a locked and
signed building until the following workday.

10\. All surplus construction materials and/or waste debris must be
removed from the site no later than thirty (30) days after construction
has been completed.

11\. Any earth moving or heavy equipment (e.g., dozers, graders, cranes,
backhoes, etc.) leaving the designated roadway and/or approved parking
area(s) to perform authorized activities at the site, will be washed off
prior to being brought onto public lands to prevent the introduction and
spread of noxious weeds into the area.

**B. Construction Inspection**

1\. All new construction, reconstruction, or major modification shall
conform to the established technical standards and accepted engineering
practices (i.e., the Uniform Building Code).

2\. Any construction inspections required by other applicable agencies
are the responsibility of the lessee. Copies of completed inspections
are to be provided to the BLM Authorized Officer, either as they occur
or as part of the final as-built plan. Inspection information shall
become a permanent part of the proponent's special-use file.

3\. The lessee agrees that corrective work detailed in BLM, or other
agency required compliance inspections, would be completed by the
scheduled completion date. If the lessee disagrees or has questions
about specific items, the lessee must contact the BLM in order that the
disagreement or item may be resolved.

4\. A final set of as-built plans will be submitted to the BLM
Authorized Officer within 90 days of acceptance of structure (as
contracted) or of completion date.

**C. New or Remodeled/Expanded Buildings**

1\. Any new buildings must be designed to accommodate multiple users
along with fitting into the physical environment as defined in a
site-specific environment analysis developed at the time of the
proposal.

2\. Buildings are required to be one-story, flat roofed. The roof must
be metal or covered with metal to be fire resistant. 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
facilities (i.e., buildings):

a\. Walls -- Concrete block, metal or pre-fabricated concrete.

b\. Roof -- Metal, or concrete, if painted to eliminate shiny surfaces,
or other fireproof material as approved by the Bureau of Land
Management. Proposals for wooden roofs will not be approved.

c\. Partitions -- If it is felt partitions are necessary in buildings,
ensure they are constructed with fire resistant material (e.g., concrete
block, reinforced concrete, or properly grounded expanded metal).

d\. Color -- Proposed color for use on all exterior building surfaces
must be pre-approved by the BLM. The goal of the color selection for the
facilities is to make the building as inconspicuous as possible and make
buildings located on the skyline look inconspicuous when viewed from a
distance. The intent is to reduce or eliminate glare from reflective
and/or illuminated surfaces such as windowpanes, sheeting and reflective
paints. Non-reflective, BLM-approved earth tone colors will be used on
equipment buildings; refer to the Munsell Soil Color Chart, Standard
Environmental Colors.

5\. Building entry lights must:

a\. Only light the immediate area in the vicinity of the door;

b\. Be motion activated and have a limited time duration (e.g., 3-5
minutes); and

c\. Have a shielded beam that is pointed at the building door.

Requests for all-night (i.e., "dusk-to-dawn") lighting, or entry
lighting that would be visible from outside of the site will not be
approved.

**D. New or Remodeled/Expanded Towers**

1\. All new construction, reconstruction, and modifications to towers
will be pre-approved by the BLM prior to implementation.

2\. It is the applicant/holder's responsibility to assure that a new, or
modified, structure will not unduly interfere electronically or
physically with any e existing equipment at the site. Towers must be
spaced, so as to prevent ground level radiation and/or interference
problems. This must be clearly demonstrated in writing to the BLM prior
to issuance of a lease, permit, or amendment.

3\. All new towers will 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/or
tower loading anticipated for the site.

4\. All towers greater than 100-feet in height will be tapered to
minimize visual concerns.

**VIII. SITE ASSOCIATION/ADVISORY GROUP**

A Site Users Association may be desirable at this site. If formed for
the Toulon Peak Communication Site in the future, it would be
responsible for participation in an access road maintenance agreement,
maintenance and upkeep of internal roads and parking areas. The Site
Association will also be responsible for ensuring cooperation between
users for on-tower access. A Site Safety Officer would be identified
within the Site Users Association. The Site Users Association would be
expected to develop an RFR Plan/Agreement and recommend measures to
reduce interference issues (e.g., through use of filters).

The goal of the Site Users Association will 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
Winnemucca Field Office on matters relating to the Site Users
Association. The association will be able to work in cooperation with
the BLM in management strategies at the site. The association could also
provide input to the BLM 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 BLM, the BLM could use the input
for administration of the site. The BLM would be a member of such a
group and would help jointly develop the charter (i.e., the ground
rules).

In absence of a formal Site Users Association, the BLM may utilize a
Site Advisory Group that can make suggestions and/or recommendations to
specific problems associated with the administration of the site.