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Majid, As discussed, Edge Consulting has refreshed all documents for this new application. The updated NEPA file is attached. As to your question about the tower lights, as you may recall, Jim Lutes, with FWS asked Magnum early on to explore what at that time was discussion about the possibility of the FAA allowing a tower to be built without steady burning lights. Magnum promised Lutes he would go to work on his request. As you know, Magnum ultimately succeeded in receiving one of the first such waivers that was granted by the FAA. Please see this e-mail from Lutes to Rutland Chair Beske and Magnum on 10/25/12: Jim Lutes @fws.gov 11:57 AM to debeske, me Just as a point of clarifiation. The question addressed below was simply whether the Service would rather see a single taller, normally lit, and guyed tower over several smaller, normallly lit, and guyed towers. The short answer is it is the overall preference of the Service that short, unlit, and unguyed towers be developed wherever possible as outlined in the Service Guidelines. In situations where this is not pursued then it is the preference of the Service that the developer implement whatever possible actions are available to avoid negative interactions between migratory songbirds and communication towers. One significant action, as stated in the Service Guidelines, is to change the tower lighting configuration so as to eliminate the use of steady burning L-810 lights. Studies have indicated that this single action can reduce migratory bird mortality at communication towers by as much as 70% even at towers with guy wires (I can provide this research if need be) . The reason is simple. Steady burning lights attract birds under low visability conditions (i.e fog/clouds/rain). Not wanting to leave the safety of the light the birds flight patterns are then constrained within the halo of light. As the birds circle around the tower they often collide with the guy wires (as opposed to colliding directly with the tower itself). It is my understanding that Mr. Magnum has taken the necessary steps to petition FCC, and has received approval from FCC, to change the lighting configuration of the proposed tower so as to reduce the number of lights from 8 to 4 and do away with the stready burning L-810 in favor of flashing red LED lights. Based on the information above the voluntary actions of Mr. Magnum to address the attractant (steady burning L-810 lights) is a significant step forward in reducing the risk of migratory bird mortality at the proposed communication tower. Jim Lutes/R3/FWS/DOI 10/25/2012 09:41 AM Tomagcom @_chorus.net, debeske@wisc.edu