Cornville Cell Tower

By Vyto Starinskas

CORNVILLE – The plans for a cell tower near Cornville Road behind Crazy Tony’s Cornville Country Market are up in the air, according to the Yavapai County Development Services Director Jeremy Dye.

The tower was approved Feb. 2 by the director, and did not require a hearing in front of any Yavapai County Board of Supervisors.

“The applicant has notified the County that the project is suspended,” Dye said.

“To date, the applicant has not applied for building permits,” Dye said. “The applicant has 180 days from the date of the approval letter to apply for building permits, or for a 180-day extension to allow additional time to apply for building permits.”

Dye did not go into any specifics on why the permit was suspended.

However, a neighbor of the cell tower, Gillian Goslinga, said, “We wanted proof that the developer, Tilson Technology Management, had done the federally required National Environmental Policy Act review or ‘NEPA.’

“On Jan. 27, we filed a Freedom of Information Act (FOIA) with the FCC asking for this information because the county and applicant ignored our requests,” Goslinga said. “NEPA can become a recourse, maybe the only recourse a community has, to make sure a tower placement is environmentally the smartest, safest and most responsible.”

NEPA was the only recourse, she said, because Yavapai County was not applying the full legislative intent “of their own code to protect of our environmental resources.”

“Meanwhile, the county went ahead and approved the permit on Feb. 2, stating Tilson was in full compliance with all local, state and federal regulations, including the FCC,” she said.

To make sure NEPA was reviewed, Goslinga and cell tower neighbor Runnin’ W Wildlife Center owner Billie Harvey filed a pleading with the FCC listing red flags for the NEPA review.

In an April 14 email, Jennifer Flynn, attorney-advisor for the FCC, wrote to Goslinga that “Tilson Technology Management, Inc. acknowledged receipt of Dr. Goslinga’s concerns and informed the parties that it expects to complete its environmental screening report within 60-90 days. We therefore toll the pleading cycle until July 7, 2022.”

“The FCC agreed and gave Tilson until July 7 to respond with an environmental report of their own, to which we will, of course, respond,” Goslinga said.

She brought to the FCC’s attention that there are three federally registered Oak Creek critical wetland habitats, eight endangered species, and 10 threatened migratory species as well as a native raptor and wildlife recovery center inside the immediate “action area” of the tower, and a kindergarten, she said.

Tilson Technology Management did not return requests for comment.

In an email to the Verde Independent, Dye said the applicant provided “all documentation required by the Yavapai County Planning and Zoning Ordinance section 605 to our office. “

Federal requirements for wireless communication facilities are separate processes outside of the scope of Yavapai County Development Services, he added.

The tower is an allowed-use on this property “by right,” given its C-2 commercial zoning, Dye said. So it does not have to go in front of the Board of Supervisors and is approved by the Yavapai County Development Services director administratively under Section 605 of the county zoning ordinance which he did in February.

“Our county ordinances don’t require proof of NEPA review for permitting towers. The Telecommunications Act of 1996 does allow local governments to write into their codes such protections and many other protections we still don’t have here in Yavapai County,” Goslinga said. 

“We also have let the county know they cannot claim FCC compliance in a legal permit approval letter like they did without actual binding proof of compliance,” Goslinga said. 

She said she asked county officials to make sure the applicant was NEPA compliant, but Goslinga said they ignored her.

“The problem is that the county doesn’t seem to be responding to the seriousness of placing permanent and massive microwave radiation infrastructure in the middle of our rural communities and lives,” Goslinga said.

“County’s blind eye to this is a big problem for a growing many of us in Cornville and in the Verde Valley as towers and antenna pop up everywhere. “