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Responses to Public Issues
City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 TO: Mayor Fisher and Members of Council SUBJECT: Airport Informational Presentation MEETING DATE: January 25, 2010 During the fall of 2009, the city council directed staff to begin a scoping process pertaining to the current renovation and upgrade plans for the Kalispell Municipal Airport. The initial step in this process was to hold an open forum for public input on concerns and/or questions. This forum was held on November 30, 2009 with a commitment to hold a follow-up meeting in January to provide responses. The questions from the November 30 forum are included in the attached progress report. Following each question is an answer, or in some cases, the statement that city staff cannot answer the question. Several questions were either too broad, were beyond the scope of the project, or require technical expertise beyond that of staff to provide factual responses. While this progress report is presented on the City's web site, a presentation of its contents will be provided at the January 25 council work session. To allow for interested parties to have the option of viewing the presentation from home, the meeting will be televised live on Cable Channel 9 and on the city's website at www.katispell.com. Jane Howington City Manager KALISPELL CITY AIRPORT PROGRESS REPORT RESPONSES TO PUBLIC INPUT SESSION NOVEMBER 30, 2009 NOISE: 1) What decline in property values can be directly attributed to airplane noise? This question was posed to several appraisers in the area. A few responded that a full study would have to be done with specific detailed parameters set, however, the most common response received is that the airport has been at this location for many years (since 1928) and there is no supportable effect to devalue properties. 2) Are there plans to have a specific noise abatement office or officer for the city to address airport noise? At this time the noise issues are handled by the airport manager when they are reported. His contact information is posted on the City of Kalispell 's web page. At present, the phone number to the airport is not listed in the phone book and is something that should be addressed. 3) Noise pollution is an issue; can we limit the airport to small planes? Our airport is presently rated for small planes and will remain so with the proposed maximum size modifications. According to Airport Circular (AC) 150/5300-13, which is attached as Exhibit A, all airplanes that fit within a B-H or smaller airport are defined as small aircraft. The only aircraft rated as larger aircraft and rated for a B -I airport weigh 14,550 pounds or more and are not, and would not, be rated for landing at the Kalispell City Airport as the proposed runway is rated at 14, 000 pounds or less. Our present runway is rated for 12,500 pounds or less. 4) What is the status of ultra light planes at the airport; they are very noisy? There has been one ultra -light plane based at the city airport for the last 10 years. It is an open cockpit, warm weather flying machine that is owned by a local pilot and must abide by the same rules as other aircraft. The city has had conversations with this pilot in the past to alter the flying habits to be less offensive to residents. 5) What is the difference between sound levels of airport and overhead airplanes compared to vehicle traffic? As it can vary largely from vehicle to vehicle, the same applies to airplanes. The City of Kalispell is working on a noise ordinance for the airport as part of the answer to this question. To get a definitive answer there would need to be a study done by an acoustical company comparing airplane noise to vehicle traffic. 1 6) Are newer aircraft being built quieter? Yes. It is widely agreed that modern aircrafts are quieter than older models due to the FAA continuing to require manufacturers to decrease the noise they generate. 7) Has there been projections made calculating the noise generation with the expansion of the airport? If so, will these projections exceed current levels and will there be measures in place to ensure noise levels will not increase with the expansion? In the December 2002 "Final Environmental Assessment" completed by Robert Peccia & Associates, there is a section entitled "3.4.2 Aircraft Noise " that covers this issue based on historical information. In that report, the conclusion is that "Figure 3-4 " shows the INM calculated noise contours for existing conditions at Kalispell City Airport. The outside contour represents a noise level of 55 Ldn and the innermost contours are 75 Ldn. The current noise exposure contours show the 65 Ldn contour extends beyond the existing airport property along the eastern side of the airport and along the extreme southwestern edge of the property. There are no noise -sensitive land uses like residences located in these areas. The portion of the Environmental Assessment referred to is included as Exhibit B. 8) Is the city planning on eliminating flight training, including helicopters and any touch-and-go flights over the city limits? There are no present plans to eliminate flight training or touch-and-go landings at the Kalispell City Airport. There have been times in which the city has contacted the flight training and helicopter individuals about limiting usage. 9) Are there any present regulations to control noise and hours of operations? If so, how are they enforced? There are no flight restrictions other than those imposed by the FAA for flights over populated areas. In the past, the city has worked with individuals to implement voluntary changes for such items as noise or hours of operation concerns. Any violations or concerns are routed through the airport manager. 10) Are there regulations limiting the noise of individual planes to a certain level? There are no noise level limits for small aircrafts. The FAA does have established rules and regulations for airspace usage and the primary rule for flights over cities and towns is that the pilot must maintain an altitude of at least 1, 000 feet above the highest obstacle in the area; with the exception for when an aircraft is taking off or landing. This rule is put in place for safety and noise level concerns. COST: 1) What is the cost of all airport related studies to date? The studies, improvements and all costs associated since 1999 are as follows (prior year records are not available): • 1999 -$107,971. 00 - Phase I /Feasibility Study & Master Plan Study done by Morrison Maierle, Inc. • 2000 - $12,315.84 — Professional services provided by Morrison Maierle, Inc. • 2001/02 — $83,5 75. 00 - Site Selection Study & Environmental Assessment done by Robert Peccia & Assoc. • 2002 - $22,074.94 — Erecting fence done by Mild Fence Company. • 2003 — $37,925. 00 - Airport Layout Plan done by Robert Peccia & Assoc. • 2004 - $11,100.00 — Legal Land Survey done by Robert Peccia & Assoc. • 2005 — $83,540. 00 — Land/Tower Acquisition -Appraisals, North End Site Survey & Engineering, North End Design workfor the surface and utilities done by Robert Peccia & Assoc. • 2005 - $566,4 74.42 — Purchase of Torgerson property. • 2006 — $41,582.04 — North end construction management done by Robert Peccia & Assoc. • 2006 - $1,454,530. 11 — North end construction costs. • 2006 - $774,715. 00 — Purchase of Red Eagle Aviation. • 2006 - $230,131.42 — Purchase of Billmayer property. • 2007 - $13,438.77 — Land acquisition and professional services done by Robert Peccia & Assoc. • 2008 - $15,200. 00 —Study for tower relocation options done by Hatfield & Dawson Broadcast Engineers. • 2008 - $68,068. 00 — Legal land surveys, geotechnical work on old city dump, future apron terminal & roadway layout and update to Airport Layout Plan done by Robert Peccia & Assoc. • 2009 - $3,638.75 — Review of site selections for tower relocation done by Hatfield & Dawson Broadcast Engineers. • 2009 - $12,324.03 — Capital Improvement Plan & bid documents done by Robert Peccia & Assoc. • Total Costs $3,538,604.32 The funding sources are as follows: • $ 213,844. 00 — FAA Grants. • $ 12, 000.00 — Montana State Aeronautics Grants. • $1,342,760. 00 — TIF Funds. • $1,970,000.00 —Urban Renewal Bond `B ' — 2005. • $3,538,604. 00 — Total Funding. 2) What are the airport planning costs? Please refer to COST #1. 3) What is the cost to the city if the airport closes? There are substantial known costs as set forth below. However there are, at this time, certain costs in addition that are not easily estimated. For this reason it would be most prudent for the city to retain an outside consulting firm if it chooses to study this alternative more closely. • Leases — The city would be required to pay out on buildings (hangars) that have been constructed on leased land. There are seven leases which would require a payment of fair market value. Since we do not have the current fair market value of the buildings, a tax "final building value" was used to approximate the cost at $1,907,262.00. Three additional leases would require the city pay a 15- year straight line basis. Using the same tax 'final building value " as a base, this would amount to $335,136 for a total payment on hangar leases of approximately $2,242,398. (There are also leases with Red Eagle Aviation and the Hilton Garden Inn that would be of some cost to the city, however, those are harder to calculate and require more analysis.) • Bond - The city is responsible for payments on the $2, 000, 000 bond that was issued in 2005. Presently, there is $1,445, 000 owed with annual lease payments of $185,2 75 until 2020. • Improvement Reimbursement — The cost of past improvements would be lost without FAA reimbursement. 4) Is this a wolf in sheep's clothing - will the citizens end up paying for the cost of airport operations and repairs/expansion in coming years? Presently the city airport operates as an enterprise fund and does not take any funds from the general fund to operate. The airport is funded from fuel taxes, rents received, commercial fees assessed, etc. If the city council elects to upgrade the airport to current FAA standards, there are non - primary entitlement funds that have historically been available from the FAA for maintenance and operational costs that could be applied for on an annual basis. Historically, these funds have been $150, 000 per year. There are some limitations on what the funds can be used for, however, they can generally be used for maintaining the airport such as resealing the runway, etc. 5) What will expansion of the airport do to property taxes of adjacent property owners? The Montana Department of Revenue, based on its experience with Glacier International Airport, informed the City of Kalispell that there is no anticipated impact on property values in the area and could create a market for people who may want to live close to the airport. 0 6) What is the economic impact from closure of the airport and the termination of hangar leases; especially for private individuals who have invested there? The terms of the leases lay out what the tenant is entitled to. Please refer above to COST #3 for an estimate of the costs to the city. A reasonably accurate estimate of the economic impact to the city and the surrounding area would require an in depth analysis best conducted by an independent consultant. 7) How would the City of Kalispell fund the $14 Million upgrade? The city would apply to the FAA for 90% of the cost, and apply for another 5% from the Montana State Aeronautics Division. Even though the costs already incurred by the city for land acquisitions and some of the improvements are expected to be reimbursed, this is a competitive process and could take several years to receive the full FAA reimbursement. 8) What is the cost of all the studies the city council has authorized? Please refer to COST #1. 9) How much money per year has the airport cost the taxpayers in Flathead County? Please refer to COST #1 and #4. 10) The city council previously agreed to invest $1 Million in order to receive FAA funding. Where is that money from? When the city sold some of the land that was owned by the airport it retained a portion of the proceeds ($1, 000, 000). Since that time, this money has been used for funding of other airport land purchases as identified under COST #1. 11) Who will pay for the Fire Station at the airport and how much will it cost? There are no current plans for afire station at the airport. SAFETY: 1) What assurances are there to prevent crashes? Just as the city cannot assure that there will be no vehicular accidents on its streets, the city can make no assurances that there will be no aircraft accidents in the city. The city is required to follow all air safety regulations that apply to the management of the airport. There is a protection zone around the Kalispell City Airport. The realignment of the airport runway is to increase the protection zone around the airport to give pilots better options in the unlikely event of an accident. 5 2) Doesn't a short runway create safety issues and force planes to fly lower on their landing approach? Generally, the shorter the runway the lower and slower the pilots tend to fly. The length of the runway and the Runway Protection Zone (RPZ) are two of the more important considerations that pilots use when landing and taking off. Pilots are taught to touch down just past the numbers on the runway when landing. If there is a situation such as a crosswind, a pilot would have the full length of the runway to work with and make the proper decisions accordingly. The current proposed redesign of the airport includes a Precision Approach Path Indicator built into the runway approach. This is a guidance system that assists pilots in making the proper approach. 3) What is the actual probability of a plane crashing/hitting a house? According to a November 2009 article on the Bing Travel website, the chance of death by an aviation accident is one in eight million. Assuming that the death occurs from an aircraft striking a house, the statistical probability of this event is even much smaller. 4) Will increased standards be placed to ensure greater safety of people and homes on the ground in the event something goes wrong in the air? Can you provide sample policies? In 2007, the city council approved Standard Operating Procedures for the airport (Ordinance 4 1622) which created standardized rules, significantly increasing the safety of the airport. The proposed modifications include expanding the safety zones around the airport. This involves moving the airport runway 1, 000 feet farther away from residents at the north end of the runway and canting it slightly to the west. If an aircraft flying at the proper altitude is required to make an emergency landing, the pilot is trained to turn towards the airport. Expanding the safety zones around an airport creates a safer environment. 5) In the event of a crash, do the city and the federal government have a system in place that will reimburse affected parties on the ground for damage or injury? If there is no system in place, are there plans to address this issue and to create a system? Just as a driver of a motor vehicle is responsible for his/her actions and carry insurance in case of an accident, pilots must also have insurance and take responsibility for their actions. 6) How could you even consider not improving the airport and making it as safe as it can be? The city council will discuss all options for the airport, including safety. FAA FUNDING/REGULATIONS: 1) If the city accepts FAA funding, what controls/rights do we give up? The city must comply with FAA assurances which requires the city, in consideration of receiving federal funds, to comply with certain federal laws. A copy of the assurances is included as Exhibit C. 2) Why doesn't the airport meet FAA standards now and what are the current limitations? Since the time that the city airport was constructed and modified, the FAA has continually modified its standards to create a safer flying environment. Because of this the existing airport infrastructure does not meet all of the current FAA standards that it would have to meet if it was being constructed today. The Runway Protection Zones (RPZ) at both ends of the current runway do not meet current FAA standards. On the south end a roadway is in the RPZ, and on the north end there are private residences. RPZ's are clear zones that cannot have anything in them for safety reasons. In addition, structures are inside the Building Restriction Line along the runway and taxiway. Presently the airport is not fenced on all sides to restrict access to the runway and taxiway because private property is located within one foot of the taxiway, which is presently too narrow and does not have the proper lighting that would be required by the FAA if it was constructed today. 3) Will TIF District funding be split between the airport and other projects, or will all funds be spent on the airport? The City Airport/Athletic Plan redevelopment plan was implemented in 1996 through Ordinance 1242 and outlined the following objectives: a) "Minimizing hazards to navigation. " This included moving the soccer & ball fields, which was successfully accomplished with the KidSports Complex at a cost to the city of $1,367,500. 00. The city also erected fencing around sections of the airport to keep out animals as well as securing the property. b) "Developing the airport with an airport layout plan. " The city has been working on this process for the last 10+ years. c) "Increasing development opportunities on nearby properties. " The city has worked with developers along the Highway 93 south corridor to create additional commercial opportunities and taxes for the community. d) "Promoting compatible land use in and around the airport. " The city has removed old non -conforming buildings and installed the infrastructure necessary for private citizens to lease and construct hangars and commercial properties that are in compliance with airport rules. This generates lease income to the airport and tax dollars paid by private citizens. e) "Establishing a funding mechanism for airport properties." The city approved a $2, 000, 000 bond for improvements. TIF dollars have also been used to purchase properties. J) "Establishing a priority schedule for plan implementation." Plan implementation is dependent on mitigating the KGEZ radio towers currently located in the airspace protection zone. 4) If we use federal funding, what will we be indebted to in the future? The city will be required to maintain the facility and meet the FAA assurances for a period of 25 years. 5) If we receive FAA monies, how much control will FAA get/have over the airport? The FAA assurances are included as Exhibit C and require actions the city would perform regardless, such maintaining the property and making the airport available to the public without discrimination. 6) Can the city invoke stricter regulations than FAA requires? There can be some regulations stricter than the FAA assurances. Any changes would have to be presented to the FAA. 7) What will a B -II FAA airport facility cost in terms of increased police and fire services? The police and fire chiefs have indicated they do not .see any increased support or needs required for a B-H airport facility. 8) If we accept FAA money, what will be the constraints? The city must adhere to the 39 assurances for the next 25 years. 9) What is the status of funding the airport from fuel taxes? Presently there is a fuel tax of $0.06 per gallon which is budgeted to be about $6, 000 per year. The 2009 MDOT Aeronautics Division released a study that shows Kalispell is average E3 for fuel tax pricing. The city also uses other funding to support the airport enterprise fund such as commercial fees, tie down fees, hangar leases, and other rentals. 10) Airport relocation funding? The FAA will not fund the relocation of airports or businesses to new locations. They will, however, fund relocation on the current airport or relocation of a business that has to move because the airport needs their property for upgrades. 11) Are there plans for the city to institute reasonable take -off and landing fees that could help offset any economic damage done to property values and the character of the city? Presently there are no airport take -off and landing fees. Take -off and landing fees are difficult to collect and there are no other general aviation airports that charge this fee. We do charge a $150 per month commercial fee for commercial operators. 12) Can the operational expenses and income of the Airport as it has operated up until now be made to the public? The budget information is open to public review. 13) Have calculations and projections as to what the economic impacts and benefits to tax payers been made? If not, are there pians to do so? An independent study performed by Wilbur Smith Associates in 2009 reported the economic impact of the Kalispell airport as well as a statewide report. This study is available to the public. 14) Will there be a detailed accounting made to the public of where taxpayer money was spent and how? Please refer to COST #1. 15) Will local people (local firm) be hired or will labor be outside our valley? All contractors are allowed to submit a bid proposal. Bids are normally awarded to the lowest qualified bid. AIRPORT MANAGEMENT: 1) How is the Kalispell airport funded? The airport is classified as an Enterprise Fund, which means it operates outside of the general fund. The funding is generated from leases, fuel tax fees, tie -down fees, commercial �9 fees, the airport TIF, etc. There is a budget that is prepared annually and made available to the public. 2) What is the current financial condition of the airport? Currently the budget reflects an income of approximately $90, 000 with expenses being the same. There is a current reserve of $205, 000 set aside for upgrades. 3) What is the airport manager's salary; is he full or part-time and is he needed? Presently the airport manager is paid an annual salary of $58,843. The manager position is a full-time position with the requirement to be on call 24 hours a day, 7 days a week. Some of the operational accomplishments made since the hiring of an airport manager include the adoption of standard operating procedures; the implementation of numerous safety measure; and the increased generation of airport income. 4) Can we place operation restrictions (best practices) on the users? Any restrictions and best practices must comply with FAA standards and assurances, such as the Standard Operating Procedures previously adopted by the council. 5) Can we limit the type of air traffic at our airport to just small aircraft? Please refer to NOISE 93. 6) Do we have taxi service at the airport to provide for airport users? The city has a taxi service currently operating; however, there is no specific taxi service for the airport. 7) Where will glider flights be allowed if the Kalispell airport closes? Glacier International Airport will not accept glider flights. If the airport is closed, glider enthusiasts will have to look elsewhere. 8) What kinds of planes are allowed at the Kalispell airport right now, and what type of aircraft will be allowed with the expansion? Please refer to NOISE 43. 9) Can the city put together a fact sheet on what type and how many aircraft use airport? The most popular aircraft is the single-engine Cessna aircraft. There are also some twin engine Cessnas that use the airport. The same aircraft may have a different engine than a 10 similar model. For example; a Beech King Air comes in a Beech A90, C90, D90, E90, F90, C1 00, DI 0, etc. Some Piper aircraft also use the airport along with a fleet of seven helicopters. Exhibit A includes a partial list of some aircraft that are allowed to use certain classified airports such as the proposed B -II airport. 10) Where will young future aviators go to learn to fly if the Kalispell airport is closed? City staff cannot answer this question. 11) Have we looked at similar in -city airports to see how they controlled their impacts (limit hours, types of planes, landing locations, noise, etc.)? Yes. The city maintains contacts with the FAA and MDOT Aeronautics Division as well as similar sized airports throughout the state and region. 12) Can you keep older aviators in mind who come to Kalispell, retire here, buy homes and spend money because the airport is here? Keeping the interests of all involved is of vital importance to the city council and city staff. 13) How will young aviators who have their first opportunity to fly be affected if nothing is done? City staff cannot answer this question. 14) Is consideration being made for retail access to businesses that abut the airport (Hilton, Big R, Restaurants)? Yes. The commercial operations that abut the city airport are being considered in future plans. 15) Are there any non -pilot, local neighborhood members on the Airport Advisory Committee? Yes. Members must either own a business in the city or be city residents. An aviation background is preferred if they are to advise the city manager and the airport manager on aviation matters. AIRPORT EXPANSION PLANS: 1) Is condemnation proposed to acquire additional airport lands? If the city chooses to make the airport modifications that require additional property, appraisals and offers to purchase will be made to owners of land necessary to the airport. Only in the event that an agreement cannot be reached will the city consider exercising its right of eminent domain. 11 2) How will the city address information flow (facts and non -facts) surrounding the airport? It is the city's intent to make information about the airport as accessible to the public as possible. 3) If this airport expansion is economically serious what will be the impact of residents in the community, especially the elderly? City staff cannot answer this question as stated. Issues such as these would be addressed in an environmental assessment. 4) Will people on both sides of the issue be involved in selecting the airport engineering consultant? Several months ago, under the direction of the city council, staff began a selection process for recommending an engineering consultant. The city council will consider this information at the February], 2010 council meeting. 5) Why doesn't the city hold a vote on the airport, we did it for the golf course? The normal process is to have the city council handle these issues. The council may make the determination to place the matter on the ballot if it deems such election is in the best interest of the public. 6) If the Kalispell airport is redeveloped, are there any assurances that local people will be used? Please refer to FAA FUNDING REGULATIONS 415. 7) How did the airport plan get this far without public comment and awareness? All resolutions and ordinances concerning the airport were passed at public meetings. 8) How can the city make plans to expand the airport on property that it doesn't own? Cities historically plan within and beyond their present boundaries for future growth. The growth management plan is an example of the city considering future needs in excess of current boundaries. 9) Capacity Limits? The city is required by the FAA to purchase enough land for the ultimate capacity of the airport. 12 10) Has anyone looked at the studies of other small airports that have been expanded? Yes. The city has access to and uses information on the 127 general aviation airports in Montana. 11) What is the status of the 6 assurances that Steve Eckles presented? The city attorney responded to Mr. Eckles in November 2009 indicating the city council has been provided the 6 assurances. The city attorney advised Mr. Eckles that it is not prudent for the city or its taxpayers to make assurances that accept strict liability for the negligent actions of others. 12) Are the KGEZ radio towers still an issue? Yes. Currently the status of 'the towers is in the hands of the bankruptcy trustee. 13) Is this airport project really an improvement or is it an expansion? It would be the city's intent to make any airport project an improvement to the safe operations of the airport. Purchase of additional acreage would expand the airport property. Improvements to the airport may well lead to additional air traffic at the airport beyond the expected increase in usage of the existing facility. 14) What is the exact amount of acreage needed for the expansion of the airport and how much of this will affect the Wise properties? (How will this land be acquired — condemnation, fair market acquisition, etc.?) Approximately 89 additional acres. The site plan as presently proposed includes 16.59 acres of land owned by Mr. & Mrs. Wise along with a 14 acre aviation easement on property the Wise's own. The city's preferred method of acquiring the land is through a mutually agreed upon price. 15) If the airport is extended to the south, what assurances or protections are there from the encroachment of new housing? The city owns 40 acres on the south side of Cemetery Road which would serve as a buffer. 16) If the airport wasn't at its current location, would the same site be selected for an airport? City staff cannot answer this question. This would be a potential issue to address in an environmental assessment. 17) Are there still height constraints limiting the ability of the airport to expand? Yes. Please refer to #12. 13 18) Is there a way to reroute the air traffic so it will not affect so many in and near town? The traffic pattern is dictated by the runway alignment which almost parallels Highway 93 South. In the proposed realignment of the runway, the traffic would be moved south 1, 000' away from homes and other properties, thus reducing noise and increasing the safety zone. 19) Will the City of Kalispell make a decision on this and not table this issue for several more years? City staff cannot answer this question. 20) What will the expansion of the city airport do to my property values? Please refer to NOISE 41. 21) Would limits be placed on the airport that would specify "no jets" or larger airplanes? Please refer to NOISE #3. As stated in the answer of NOISE #3 the airport infrastructure is a limiting factor on the size of the aircraft that can land there. There are no current regulations limiting ` jets " from using the airport. 22) Would the airport, if expanded, provide the city and taxpayers any additional revenue than it presently does? The expansion proposed modifications would make the airport eligible for ongoing operating and maintenance expenses from the FAA. Additional hangar and lease space would also generate additional revenue. 23) With the expansion of the airport, how much more will the airport be used? The best projection is 10%. 24) How much larger will the airplanes be with the expansion? Please refer to NOISE 43. 25) What exact level of use is the airport being redesigned? In terms of use, how will it differ from what presently occurs including the number, type of planes and hours of operation? The present airport runway is 3,600'X 60' with a partial taxiway on the east side of the runway and a 2,300' taxiway on the west side with a weight limit of 12,500 pounds. The Runway Protection Zone (RPZ) to the north is obstructed with personal residences and the 14 RPZ to the south although not obstructed by any residences is not owned by the city. If the city council elected to improve the existing airport the proposed runway would have a width of 75' and 3 options for lengths; 3,600' (to meet 75% of the existing fleets needs), 4,300' (to meet 95% of the existing fleets needs) or 4,700' (to meet 100% of the existing fleets needs). It would have a full length taxiway and a weight limit of between 12,500 and 14, 000 pounds. The runway would be moved 1, 000' to the south and cantered 5.6 degrees clockwise, with the acquisition of additional land. This would ensure that the RPZ to the north would be free of residences and the RPZ to the south be owned by the city. Because the proposed airport improvements are being done to facilitate up to 100% of the existing fleet (as per the studies completed) at the Kalispell City Airport presently it is anticipated that the same types of aircrafts would be using the proposed facility. However with an updated and modernized facility one would expect there to be some additional traffic to the airport. The Fixed Base Operator (FBO) has operating hours of 8: OOAM— 6: OOPM Monday — Saturday & 10: OOAM— 4: OOPM on Sundays. These hours are not expected to change. The City Airport Manager is scheduled to work 40 hours per week and has a small shack there presently. These hours of operation are not expected to change. Likewise it is expected that airplanes flying in or out are not expected to change. 26) From a long-term perspective is this the best location for an airport? City staff cannot answer this question. An environmental assessment may include this in its study. However, according to the site selection study it is the preferred location. 27) What ultimate design for the airport does the city have in mind? Please refer to #25. 28) The animal shelter would have to be moved. Has anyone told them? They are planning an expansion. Yes. There has been a conversation with Joe Russell at the county about the possibility that it may have to be moved The council's decision on the length of the runway will dictate whether the shelter needs to be moved. 29) Cemetery Road has to be redesigned to allow the runway protection zone the space it needs which involves part of Siderius Commons property. This has been discussed and approved by parties involved with Siderius Commons. 30) Do we need a bigger airport in the city? It is not as much a bigger airport as it is an airport that meets the existing needs of the present aircraft fleet and meets current FAA standards. One that will be have less noise and safer for all concerned and removes some of the liability from the city. From the city administration perspective, the city does not "need" a bigger airport, but it would be prudent 15 to ensure that the airport design and operation be as safe as reasonably possible. This may require the purchase of additional property. RELOCATION OF AIRPORT: 1) Can the city airport be moved out of town? Yes. This was considered in the site selection study and the environmental assessment study. 2) What is the equity of all of us paying to move the airport because of one interest group? City staff cannot answer this question. 3) Can we close the city airport and effectively use Glacier International? This is a possibility. There are risks and costs associated with it. The first is the safety of issue of mixing small slower moving aircrafts with faster larger moving commercial aircrafts. The second is the losses that would have to be absorbed by the City of Kalispell for bond payments, paying off tenants for outstanding leases and other closing costs. Yes. It is possible to close the city airport and GPI will absorb some portion of the business currently using the city airport. The city council would have to determine if this is in the best interests of its residents. 4) What would be involved to move the airport outside of the city? This would be best addressed by an independent study. As discussed in previous answers the city would have to absorb the costs of closing the existing airport and purchasing property elsewhere. The level of funding from the federal and state governments to accomplish this would have to be determined, but earlier and preliminary inquiry indicated that the costs to the city would be greater. 5) Will the EA explore alternative locations for an airport? This could be added to the Scope of Work. 6) What is the time frame of moving/extending the runway? Once the status of the radio tower is resolved, it would take approximately two years to acquire the necessary land and necessary engineering drawings, with another two years for construction. M CLOSURE OF AIRPORT: 1) If the airport goes away, what would replace the construction and tourism dollars it generates? City staff cannot answer this question. 2) What will kids do for activity who are now involved in the airport if the airport goes away? City staff cannot answer this question. 3) Are there alternative locations for DNRC and the Alert helicopter if the airport is closed? City staff cannot answer this question. MISCELLANEOUS: 1) Does the city care if you live inside the city or not; if my business is inside the city or not? The city is always concerned about both its residents and the people who operate their businesses in the city. 2) How will the expansion affect the "charm factor" of Kalispell? City staff cannot answer this question. 3) What plans are there to work together? Will town meetings continue? City staff will continue to take its direction from the city council. 4) Why is the city in the airport business? The city is in the business of providing services to the public. The airport is one of those services. 5) What is the city's long-range plan for preserving the historical value of the downtown residential area? City staff cannot answer this question. 17 6) Our current economy is in poor shape and the city airport is a boost to our economy. Why would the City of Kalispell discourage these economic benefits and what possible alternatives are there that are of equal economic benefit? City staff cannot answer this question. 7) What consideration will the city council be placing on the total economic impact of the Kalispell City Airport as it now exists and its potential impact when the new construction is completed and at the point of stabilized usage? City staff cannot answer this question. 8) Will the condemnation process be used to acquire land necessary for expansion? City staff cannot answer this question. 9) The FAA requires a 10,000 foot horizontal surface to be protected around the airport. Does this require a real estate notification for property transfers throughout most of Kalispell? Yes, throughout much of Kalispell. The city council, with the approval of the Flathead County Commissioners, adopted the Airport Affected Area Ordinance 41573 on April 17, 2006 which uses the FAA Part 77 Rule which covers the 10, 000 foot horizontal surface protection area. The city has gone through its notification process during the passage of this ordinance. 10) Given the FAA requirements for height limitations and land use around the airport, does this have any implications for the long-term growth of Kalispell; especially vertical growth? There would be limitations if a builder or developer planned to erect a high rise within the Airport Affected Area as identified by the FAA. 11) The 2002 EA shows the number of landings and takeoffs at around 40,000 per year. How was this number calculated? How accurate is it? The same questions apply to the $24,182,800 in economic activity attributed to the Airport by the Montana Department of Transportation. These figures were derived_ from the FAA Form 5010 report that is provided by the FAA and the Montana State Aeronautics department. Likewise with the economic activity report that was done in 2009 by Wilbur Smith Associates. This report was prepared.for the MDOT Aeronautics Division and not by the City of Kalispell. 12) How many Kalispell residents who own planes keep them at the city airport? What is the total number of people and planes? 18 There are 73 aircraft based at the Kalispell City Airport as follows: 63 Single Engine Airplanes. 3 Twin Engine Airplanes. 0 Jet Airplanes. _7 Single Engine Helicopters. 73 Total Aircrafts. 28 Owners with Kalispell addresses. 11 Owners with Bigfork addresses. 7 Owners from Lakeside/Somers addresses. 5 Owners from Marion/Kila addresses. 22 Owners from Columbia Falls and other addresses. 73 Total Owners. 19 9/29/89 AC 150/5300-13 Appendix 13 Section 3. Listing Small Airplanes by Airport Reference Code (U.S. customary, units) 263 Airport Appch Tail Maximum Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots Feet Feet Feet Lbs Beech Baron B55 A -I 90 37.8 28.0 9.1 5,100 Beech Baron E55 A -I 88 37.8 29.0 9.1 5,300 Beech Bonanza A36 A -I 72 33.5 27.5 8.6 3,650 Beech Bonanza B36TC A -I 75 37.8 27.5 8.6 3,850 Beech Bonanza F33A A -I 70 33.5 26.7 8.2 3,400 Beech Bonanza V35B A -I 70 33.5 26.4 6.6 3,400 Beech Duchess 76 A -I 76 38.0 29.0 9.5 3,900 Beech Sierra 200-B24R A -I 70 32.8 25.7 8.2 2,750 Beech Skipper 77 A -I 63 30.0 24.0 6.9 1,675 Beech Sundowner 180-C23 A -I 68 32.8 25.7 8.2 2,450 Cessna -150 A -I 55 32.7 23.8 8.0 1,600 Cessna -177 Cardinal A -I 64 35.5 27.2 8.5 2,500 DHC -2 Beaver A -I 50 48.0 30.3 9.0 5,100 Embraer -820 Navajo Chief A -I 74 40.7 34.6 13.0 7,000 Lapan XT -400 A -I 75 47.9 33.5 14.1 5,555 Learfan 2100 A -I 86 39.3 40.6 12.2 7,400 Mitsubishi Marquise MU -2N A -I 88 39.2 39.5 13.7 11,575 Mitsubishi Solitaire M7J-2P A -I 87 39.2 33.3 12.9 10,470 Partenavia P.68B Victor A -I 73 39.3 35.6 11.9 6,283 Piazzio P-166 Portofino A -I 82 47.2 39.0 16-4 9,480 AJI Hustler 400 B -I 98 28.0 34.8 9.8 6,000 Beech Airliner C99 B -I 107 45.9 44.6 14.4 11,300 Beech Baron 58 B -I 96 37.8 29.8 9.8 5,500 Beech Baron 58P B -I 101 37.8 29.8 9.1 6,200 Beech Baron 58TC B -I 101 37.8 29.8 9.1 6,200 Beech Duke B60 B -I 98 39.2 33.8 12.3 6,775 Beech King Air B100 B -I 111 45.8 39.9 15.3 11,800 Beech King Air F90 B -I 108 45.9 39.8 15.1 10,950 Cessna Citation I B -I 108 47.1 43.5 14.3 11,850 Cessna -402 Businessliner B -I 95 39.8 36.1 11.6 6,300 Cessna -404 Titan B -I 92 46.3 39.5 13.2 8,400 Cessna -414 Chancellor B -I 94 44.1 36.4 11.5 6,785 Cessna -421 Golden Eagle B -I 96 41.7 36.1 11.6 7,450 Embraer -121 Xingu B -I 92 47.4 40.2 15.9 12,500 Embraer -326 Xavante B -I 102 35.6 34.9 12.2 11,500 Foxjet ST -600-8 B -I 97 31.6 31.8 10.2 4,550 Hamilton Westwind II STD B -I 96 46.0 45.0 9.2 12,495 Mitsubishi MU -2G B -I 119 39.2 39.5 13.8 10,800 Piper 31-310 Navajo B -I 100 40.7 32.7 13.0 6,200 Piper 40OLS Cheyenne B -I 110 47.7 43.4 17.0 12,050 Piper 60-602P Aerostar B -I 94 36.7 34.8 12.1 6,000 Rockwell 690A Turbo Comdr. B -I 97 46.5 44.3 14.9 10,300 Swearingen Merlin 3B B -I 105 46.2 42.2 16.7 12,500 Swearingen Metro B -I 112 46.2 59.4 16.7 12,500 Volvar Turbo 18 B -I 100 46.0 37.4 9--6-- 10,280 Aerocom Skyliner A -II 88 54.0 54.3 16.5 12,500 Antonov AN -14 A -II 52 72.1 37.2 15.2 7,607 Antonov AN -28 A -II 88 72.1 42.6 16.1 12,350 Beech'E18S A -II 87 49.7 35.2 9.5 9,300 263 AC 150/5300-13 B -I 118 42.2 45.4 13.9 9/29189 Appendix 13 B -I 104 42.9 45.5 15.1 18,740 Gates Learjet 28/29 Airport Appch 43.7 47.6 Tail Maximum Mitsubishi Diamond MU -300 Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots Feet Feet Feet Lbs BN -2A Mk.3 Trislander A -II 65 53.0 45.7 14.2 10,000 DHC -6-300 Twin Otter A -II 75 65.0 51.7 19.5 12,500 DH.104 Dove 8 A -II 84 57.0 39.2 13.3 8,950 Dornier DO 28D-2 A -II 74 51.0 37.4 12.8 8,855 Nomad N 22B A -II 69 54.0 41.2 18.1 8,950 Nomad N 24A A -II 73 54.2 47.1 18.2 9,400 Pilatus PC -6 Porter A -II 57 49.7 37.4 10.5 4,850 PZL-AN-2 A -II 54 59.8 41.9 13.1 12,125 PZL-M-15 Belphegor A -II 62 73.6 41.9 17.6 12,465 Yunshu-11 A -II 80 * 55.7 39.4 15.1 7,150 Beech King Air C90-1 B -II 100 50.2 35.5 14.2 9,650 Beech Super King Air B200 B -II 103 54.5 43.8 15.0 12,500 Cessna -441 Conquest B -II 100 49.3 39.0 13.1 9,925 Rockwe11.840 B -II 98 52.1 42.9 14.9 10,325 Rockwell 980 C -II 121 52.1 42.9 14.9 10,325 * Approach speeds estimated. Section 4. Listing Large Airplanes by Airport Reference Code (U.S. customary units) Airport Appch Tail Maximum Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots, Feet Feet Feet Lbs Aerospatiale SN 601 Corv. B -I 118 42.2 45.4 13.9 14,550 Dassault FAL-10 B -I 104 42.9 45.5 15.1 18,740 Gates Learjet 28/29 B -I 120 43.7 47.6 12.3 15,000 Mitsubishi Diamond MU -300 B -I 100 43.5 48.4 13.8 15,730 Piaggio PD -808 B -I 117 43.3 42.2 15.8 18,300 Rockwell Sabre 40 B -I 120 44.5 43.8 16.0 18,650 Rockwell Sabre 60 B -I 120 44.5 48,3 16.0 20.000 Gates Learjet 24 C -I 128 35.6 43.3 12.6 13,000 Gates Learjet 25 C -I 137 35.6 47.6 12.6 15,000 Gates Learjet 54-55-56 C -I 128 43.7 55.1 14.7 21,500 HFB-320 Hansa C -I 125 47.5 54.5 16.2 20,280 HS 125 Series 400A C -I 124 47.0 47.4 16.5 23,300 HS 125 Series 600A C -I 125 47.0 50.5 17.2 25,000 HS 125 Series 700A C -I 125 47.0 50.7 17.6 24,200 IAI 1121 Jet Comdr. C -I 130 43.3 50.4 15.8 16,800 IAI-1124 Westwind C -I 129 44.8 52.3 15.8 23,500 Rockwell Sabre 75A C -I 137 44.5 47.2 17.2 23.300 Gates Learjet 35A/36A D -I 143 39.5 48.7 12.3 18,300 Casa C-212-200 Aviocar A -II 81 62.3 49.8 20.7 16,976 Dassault 941 A -II 59 76.7 77.9 30.7 58,400 DH.114 Heron 2 A -II 85 71.5 48.5 15.6 13,500 Dornier LTA A -II 74 * 58.4 54.4 18.2 15,100 GAC -100 A -II 86 70.0 67.3 24.9 28,900 IAI Arava-201 A -II 81 68.6 42.7 17.1 15,000 LET L-410 WP -E A -II 81 65.5 47.5 19.1 14,109 PZL-AN-28 A -II 85 72.4 42.9 16.1 14,330 EM 9/29/89 AC 150/5300-13 Appendix 13 Airport Appch Tail Maximum Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots Feet Feet Feet Lbs Aerospatiale NORD-262 B -II 96 71.9 63.3 20.4 23,480 Ahrens AR 404 B -II 98 66.0 52.7 19.0 18,500 Air -Metal AM -C 111 B -II 96 63.0 55.2 21.0 18,629 BAe Jetstream 31 B -II 99 52.0 47.2 17.5 14,550 Beech Airliner 1900-C B -II 120 * 54.5 57.8 14.9 16,600 Cessna Citation II B -II 108 51.7 47.2 15.0 13,300 Cessna Citation III B -II 114 53.5 55.5 16.8 22,000 Dassault FAL-20 B -II 107 53.5 56.3 17.4 28,660 Dassault FAL-200 B -II 114 53.5 56.3 17.4 30,650 Dassault FAL-50 B -II 113 61.9 60.8 22.9 37,480 Dassault FAL-900 B -II 100 63.4 66.3 24.8 45,500 Embraer -110 Bandeirante B -II 92 50.3 49.5 16.5 13,007 FMA IA -50 Guarni II B -II 101 64.1 48.8 19.1 15,700 Fokker F-28-1000 B -II 119 77.3 89.9 27.8 65,000 Fokker F-28-2000 B -II 119 77.3 97.2 27.8 65,000 Grumman Gulfstream I B -II 113 78.3 75.3 23.0 36,000 Rockwell Sabre 65 B -II 105 50.5 46.1 16.0 24,000 Shorts 330 B -II 96 74.7 58.0 16.2 22,900 Shorts 360 B -II 104 74.8 70.8 23.7 26,453 VFW -Fokker 614 B -II 111 70.5 67.5 25.6 44,000 Canadair CL -600 C -II 125 61.8 68.4 20.7 41,250 Grumman Gulfstream III C -II 136 77.8 83.1 24.4 68,700 Lockheed 1329 JetStar C -II 132 54.4 60.4 20.4 43,750 Rockwell Sabre 80 C -II 128 50.4 47.2 17 3 24,500 Grumman Gulfstream II D -II 141 68.8 79.9 24.5 65,300 Grumman Gulfstream II -TT D -II 142 71.7 79.9 24.5 65,300 Grumman Gulfstream IV D -II 145 77.8 ___87.8 24.4 71,780 Lockheed SR -71 Blackbird E -II 180 55.6 107.4 18-5 '170,000 AIDC/CAF XC -2 A -III 86 81.7 65.9 25.3 27,500 Antonov AN -72 A -III 89 * 84.7 84.7 27.0 66,000 DHC -4 Caribou A -III 77 95.6 72.6 31.8 28,500 DHC -7 Dash 7-100 A -III 83 93.0 80.7 26.2 43,000 DHC -8 Dash 8-300 A -III 90 90.0 84.3 24.6 41,100 Fairchild C-121 A -III 88 110.0 75.8 34.1 60,000 HP Herald A -III 88 94.8 75.5 24.1 43,000 Ilyushin I1-12 A -III 78 104.0 70.0 30.5 38,000 MAI-QSTOL A -III 85 100.3 98.4 32.8 85,300 MDC -DC -3 A -III 72 95.0 64.5 23.5 25,200 Aeritalia G-222 B -III 109 93.8 74.4 32.0 61,700 Antonov AN -24 B -III 119 95.8 77.2 27.3 46,305 Antonov AN -30 B -III 112 96.4 80.1 27.3 51,040 AW.660 Argosy C.Mk.l B -III 113 115.0 89.1 27.0 97,000 BAe 146-100 B -III 113 86.4 85.8 28.3 74,600 BAe 146-200 B -III 117 86.4 93.7 28.3 88,250 Casa C -207A Azor B -III 102 91.2 68.4 25.4 36,400 Convair 240 B -III 107 91.8 74.7 26.9 41,790 Convair 340 B -III 104 105.3 81.5 28.2 49,100 Convair 440 B -III 106 105.3 81.5 28.2 49,100 Convair 580 B -III 107. 105.3 81.5 29.2 54,600 Dassault Mercure B -III 117 100.2 114.3 37.3 124,500 DHC -5D Buffalo B -III 91 96.0 79.0 28.7 49,200 rT� AC 150/5300-13 Appendix 13 Airport Appch Reference Speed Wingspan Aircraft Code Knots Feet 9/29/89 Tail Maximum Length Height Takeoff Feet Feet Lbs DH.106 Comet 4C B -III 108 115.0 118.0 29.5 162,000 Fairchild FH -227 B,D B -III 105 95.2 83.1 27.5 45,500 Fairchild F-27 A,J B -III 109 95.2 77.2 27.5 42,000 Fokker F-27-500 B -III 102 95.2 82.3 29.3 45,000 Fokker F-28-6000 B -III 113 82.3 97.2 27.8 73,000 Hindustan HS.748-2 B -III 94 98.4 67.0 24.8 44,402 HS.748 Series 2A B -IIT 94 98.5 67.0 24.8 44,490 HS.780 Andover C.Mk.l B -III 100 98.2 78.0 30.1 50,000 Kawasaki C-1 B -III 118 * 100.4 95.1 32.9 85,320 Martin -404 B -III 98 93.3 74.6 28.7 44,900 MDC -DC -4 B -III 95 117.5 93.9 27.9 73,000 MAC-DC-6A/B B -III 108 117.5 105.6 29.3 104,000 Nihon YS -11 B -III 98 105.0 86.3 29.5 54,010 Aerospatiale SE 210 Caray. C -III 127 112.5 105.0 28.6 114,640 Airbus A-320-100 C -III 138 111.3 123.3 39.1 145,505 Antonov AN -26 C -III 121 95.8 78.1 28.1 52,920 AW.650 Argosy 220 C -III 123 115.0 86.8 27.0 93,000 BAC 111-200 C -III 129 88.5 93.5 24.5 79,000 BAC 111-300 C -III 128 88.5 93.5 24.5 88,500 BAC 111-400 C -III 137 88.5 93.5 24.5 87,000 BAC 111-475 C -III 135 93.5 93.5 24.5 98,500 BAe 146-300 C -III 121 86.4 104.2 28.1 104,000 Boeing 727-100 C -III 125 108.0 133.2 34.3 169,000 Boeing 727-200 C -III 138 108.0 153.2 34.9 209,500 Boeing 737-100 C -III 137 93.0 94.0 37.2 110,000 Boeing 737-200 C -III 137 93.0 100.2 37.3 115,500 Boeing 737-300 C -III 137 94.8 109.6 36.6 135,000 Boeing 737-400 C -III 139 94.8 119.6 36.6 150,000 Boeing 737-500 C -III 140 * 94.8 101.8 36.6 133,500 Fairchild C-119 C -III 122 109.3 86.5 27.5 77,000 Fokker F-28-3000 C -III 121 82.3 89.9 27.8 73,000 Fokker F-28-.4000 C -III 121 82.3 97.2 27.8 73,000 HS.121 Trident lE C -III 137 95.0 114.8 27.0 135,500 HS.121 Trident 2E C -III 138 98.0 114.8 27.0 144,000 HS.801 Nimrod MR Mk.2 C -III 125 * 1141.8 126.8 29.7 177,500 Lockheed 188 Electra C -III 123 99.0 104.6 33.7 116,000 Lockheed P-3 Orion C -III 134 99.7 116.8 33.8 135,000 MDG -DC -9-10/15 C -III 134 89.4 104.4 27.6 90,700 MDC -DC -9-20 C -III 124 93.3 104.4 27.4 98,000 MDC -DC -9-30 C -III 127 93.3 119.3 27.8 110,000 MDC -DC -9-40 C -III 129 93.3 125.6 28.4 114,000 MDC -DC -9-50 C -III 132 93.3 133.6 28.8 121,000 MDC -DC -9-80 C -III 132 107.8 147.8 30.3 140,000 MDC -DC -9-82 C -III 135 107.8 147.8 30.3 149,500 Tupolev TU -124 C -III 132 * 83.8 100.3 50.0 80,482 Vickers VC -2-810/840 C -III 122 94.0 85.7 26.8 72,500 Yakovlev YAK -40 C -III 128 * 82.2 65.9 21.3 35,275 Yakovlev YAK -42 C -III 128 * 112.2 119.3 32.2 117,950 BAC 111-500 D -III 144 93.5 107.0 24.5 104,500 BAC/Aerospatiale Concord D -III 162 83.8 205.4 37.4 408,000 HS.121 Trident 3B D -III 143 98.0 131.2 28.3 150,000 9/30/00 AC 150/5300-13 CHG 6 Appendix 13 267 Airport Appch Tail Maximum Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots Feet Feet Feet Lbs HS. 121 Trident Super 3B D -III 146 98.0 131.2 28.3 158,000 Tupolev TU -134 D -III 144 95.2 121.5 30.0 103,600 Tupolev TU -144 E -III 178 94.8 212.6 42.2 396,000 Boeing YC -14 A -IV 89 129.0 131.7 48.3 216,000 Lockheed 1649 Constellat'n A -IV 89 150.0 116.2 23.4 160,000 Boeing C97 Stratocruiser B -IV 105 141.3 110.3 38.3 145,800 Bristol Brittania 3 00/3 10 B -IV 117 142.3 124.2 37.5 185,000 Ilyushin I1-18 B -IV 103 122.7 117.8 33.3 134,640 Ilyushin 11-76 B -IV 119 165.7 152.8 48.4 374,785 Lockheed 1049 Constellat'n B -IV 113 123.0 113.6 24.8 137,500 Lockheed 749 Constellat'n B -IV 93 123.0 95.2 22.4 107,000 MDC -DC -7 B -IV 110 127.5 112.3 31.7 143,000 Vickers Vanguard 950 B -IV 119 118.0 122.9 34.9 146,500 Aerospatiale C 160 Trans. C -IV 124 131.3 106.3 38.7 108,596 Airbus A-300-600 C -IV 135 147.1 177.5 54.7 363,763 Airbus A-300-134 C -IV 132 147.1 175.5 55.5 330,700 Airbus A-310-300 C -IV 125 144.1 153.2 52.3 330,693 Antonov AN -10 C -IV 126 124.8 121.4 32.2 121,500 Antonov AN -12 C -IV 127 124.8 109.0 34.6 121,500 Boeing 707-100 C -IV 139 130.8 145.1 41.7 257,340 Boeing 707-320 C -IV 139 142.4 152.9 42.2 312,000 Boeing 707-320B C -IV 136 145.8 152.9 42.1 336,600 Boeing 707-420 C -IV 132 142.4 152.9 42.2 312,000 Boeing 720 C -IV 133 130.8 136.2 41.4 229,300 Boeing 720B C -IV 137 130.8 136.8 41.2 234,300 Boeing 757 C -IV 135 124.8 155.3 45.1 255,000 Boeing 767-200 C -IV 130 156.1 159.2 52.9 315,000 Boeing 767-300 C -IV 130 156.1 180.3 52.6 350,000 Boeing E-3 C -IV 137 145.9 153.0 42.0 325,000 Canadair CL -44 C -IV 123 142.3 136.8 38.4 210,000 Dassault 1150 Atlantic C -IV 130 * 122.7 104.2 37.2 100,000 Lockheed 100-20 Hercules C -IV 137 132.6 106.1 39.3 155,000 Lockheed 100-30 Hercules C -IV 129 132.6 112.7 39.2 155,000 Lockheed 1011-1 C -IV 138 155.3 177.7 55.8 430,000 Lockheed 1011-100 C -IV 140 1553 177.7 55.8 466,000 Lockheed 1011-200 C -IV 140 155.3 177.7 55.8 466,000 Lockheed 1011-600 C -IV 140 * 142.8 141.0 53.0 264,000 Lockheed 400 C -IV 121 * 119.7 97.8 38.1 84,000 Lockheed C -141A Starlifter C -IV 129 159.9 145.0 39.3 316,600 Lockheed C -141B Starlifter C -IV 129 159.9 168.3 39.3 343,000 Marshall (Shorts) Belfast C -IV 126 158.8 136.4 47.0 230,000 MDC -DC -10-10 C -IV 136 155.3 182.3 58.4 443,000 MDC -DC -8-10 C -IV 131 142.4 150.8 43.3 276,000 MDC -DC -8-20/30/40 C -IV 133 142.4 150.8 43.3 315,000 MDC -DC -8-50 C -IV 137 142.4 150.8 43.3 325,000 MDC -DC -8-62 C -IV 124 148.4 157.5 43.4 350,000 Tupolev TU -114 C -IV 132 * 167.6 177.5 50.0 361,620 Vickers VC -10-1100 C -IV 128 146.2 158.7 39.5 312,000 Vickers VC -10-1150 C -IV 138 146.2 171.7 39.5 335,100 Boeing 707-200 D -IV 145 130.8 145.1 41.7 257,340 267 AC 150/5300-13 CHG 6 9/30/00 Appendix 13 Airport Appch Tail Maximum Reference Speed Wingspan Length Height Takeoff Aircraft Code Knots Feet Feet Feet Lbs General Dynamics 880 D-IV 155 120.0 129.3 36.0 193,500 General Dynamics 990 D-IV 156 120.0 139.2 39.5 255,000 Ilyushin I1-62 D-IV 152 141.8 174.3 40.5 363,760 Ilyushin I1-86 D-IV 141 157.7 195.3 51.8 454,150 Lockheed 1011-250 D-IV 144 155.3 177.7 55.8 496,000 Lockheed 10 11-5 00 D-IV 144 155.3 164.2 55.8 496,000 Lockheed 1011-500 Ex. Wing D-IV 148 164.3 164.2 55.8 496,000 MDC-DC-10-30 D-IV 151 165.3 181.6 58.6 590,000 MDC-DC-10-40 D-IV 145 165.4 182.3 58.6 555,000 MDC-DC-8-61 D-IV 142 142.4 187.4 43.0 325,000 MDC-DC-8-63 D-IV 147 148.4 187.4 43.0 355,000 MDC-MD-11 D-IV 155 169.8 201.3 57.8 602,500 Rockwell B-1 D-IV 165 * 137.0 147.0 34.0 477,000 Tupolev TU-154 D-IV 145 123.3 157.2 37.4 216,050 Antonov AN-22 C-V 140 * 211.0 167.0 41.2 500,000 Boeing 747-SP C-V 140 195.7 184.8 65.8 696,000 MDC-C-133 C-V 128 179.7 157.5 48.2 300,000 Boeing 747-100 D-V 152 195.7 231.8 64.3 600,000 Boeing 747-200 D-V 152 195.7 231.8 64.7 833,000 Boeing 747-300SR D-V 141 195.7 231.8 64.3 600,000 Boeing 747-400 D-V 154 213.0 231.8 64.3 870,000 Boeing 777-200 D-V 145 199.9 209.1 18.8 286,900 Boeing 777-300 D-V 145 199.9 242.3 18.8 299,370 Boeing B-52 D-V 141 * 185.0 157.6 40.8 488,000 Boeing E-4(747-200) D-V 152 195.7 231.8 64.7 833,000 Antonov AN-124 C-VI 124 232.0 223.0 66.2 800,000 Lockheed C-5B Galaxy C-VI 135 222.7 247.8 65.1 837,000 * Approach speeds estimated. 268 EXHIBIT B Kalispell City Airport Final Environmental Assessment a Kalispell, the regional trade center of northwest Montana will continue to increased in importance as the depth and variety of professional services, including medical and financial, educational services, and retail continues to expand in the community. Flathead County will continue to be a desirable location for second -homes and retirement, new residents will be attracted to the county because of the area's extraordinary natural resources and quality of life. 3.4 Existing Environmental Conditions 3.4.1 Air Quality Kalispell City Airport is situated within the Kalispell PM -10 Nonattainment Area. Kalispell was designated as a PM -10 moderate nonattainment area in November 1990. PM -10 refers to particulate matter ten microns or less in size. Burning processes are the most common sources of particulate matter including fly ash (from power plants), carbon black (from automobiles and diesel engines), and soot (from slash burning, forest fires, fireplaces, and wood stoves). Particles between 2.5 and 10 microns are usually associated with fugitive dust from wind-blown sand and dirt from roadways, fields, and construction sites. A PM -10 control plan for Kalispell was developed and submitted to the ENVIRONMENTAL PR©TECTTON AGENCY (EPA) on June 29, 1990. The final plan (November 199 1) consisted of controls on fugitive dust emissions from roads, parking lots, construction, and demolition. The State received Kalispell PM -10 control plan approval March 19, 1996. The MONTANA DEPARTMENT of ENviuoNNmN AL QUALrrY (MDEQ) has identified the intersection of U.S. Highways 2 and 93 (Idaho and Main) in Kalispell as a nonattainment area of concern for carbon monoxide (CO). The intersection is included in a Designated CO Area State Implementation Plan (SIP) Call Boundary established in August 1, 1997. CO monitoring is done at sites near the Idaho and Main intersection and Laser School. 3:4.2 Aircraft Noise Aircraft noise was analyzed to identify existing noise levels at Kalispell City Airport. Big Sky Acoustics, LLC developed noise contours for the existing and future conditions at the airport in December 2001. Airport noise exposure contours are normally presented in terms of Ldn values, in increments of 5 decibels. The day -night average noise level, Ldn, is a single number descriptor that represents the constantly varying sound level during a continuous 24-hour period. The Ldn includes a 10=decibel penalty that is added to noises that occur during the nighttime hours between 10:00 p.m. and 7:00 a.m. to account for people's higher sensitivity to noise at night when the background noise level is typically low. 3-14 Kalispell City Airport Final Environmental Assessment The noise contours were developed using the FAA's Integrated Noise Model (TNM) Version 6.0c. The INM has been the FAA's standard tool since 1978 for determining the predicted noise impact in the vicinity of airports. INM is designed to estimate the average annual noise levels due to the operations at an airport. Therefore, differences between predicted and actual noise levels may vary because important physical conditions are not modeled explicitly. The contours are based on the annual number of flight operations at an airport, and the airport fleet mix. The FAA considers the Ldn metric useful for airport noise studies because it uses a single number to describe the constantly fluctuating noise levels at a receiver location during an average 24- hour day. The use of Ldn contours is meant to provide a general indication of impact and is not intended to determine the reaction of people due to individual events. The noise contours for the proposed action were developed based on the forecast flight operations provided in Chapter Two of the Feasibility/Master Plan Study For Kalispell City Airport (Morrison-Maierle, Inc., August 1999), and the fleet mix and percentages of runway usage provided in the Amendment to the Final Master Plan Study (Morrison-Maierle, Inc., December 1999). These are briefly summarized in TABLE 3-3. The estimated 1.9% annual growth rate stated in the Master Plan was used to estimate the total number of flight operations in the Present Year (2002). Table 3-3: Assumed Fleet Mix for Present Year (2002) Total Flight Operations for 2002: 37,163 Aircraft Percentage Percentage Percentage Percentage Model of Total of Daytime of Evening of Nighttime Description Operations Operations Operations Operations —Group GASEPF Single engine propeller 1 68% 88% 10% 2% aircraft, under 200 hp GASEPV Single engine propeller 24%' 88% 10% 2% aircraft, 200 to 600 h Twin engine piston BEC58P aircraft, 600 hp per 4%Z 100% 0% 0% enRine or less Twin engine turboprop CNA441 aircraft, 800 hp per 4%Z 100% 0% 0% engine or less Notes: 1. It was assumed that 25% of the total flight operations for an aircraft type were approaches, 25% were departures, and 50% were touch-and-go's. 2. It was assumed that 50% of the total flight operations for an aircraft type were approaches, and 50% were departures. It was assumed that these aircraft do not conduct touch-and-go operations. FIGURE 3-4 shows the PNM calculated noise contours for existing conditions at Kalispell City Airport. The outside contour represents a noise level of 55 Ldn and the innermost contour is 75 Ldn. The current noise exposure contours show the 65 Ldn contour extends beyond the existing airport property along the eastern side of the airport and along the extreme southwestern edge of the property. There are no noise -sensitive land uses like residences located in these areas. 3-15 A< ��"✓ � '1, alt• !I, ! � \ :�, - WTD • . n .��, - i-` ,,, s"`' ��4' Xl�� •r �' ��}} '� � :5 �!, O\ � ♦ I 't?�f � a• _ a • ■ • '*_.___' t --.'i,. � i ,(��'Vrt��� io} �. ems, �•,� _ �'1 �. • -1 �— '—� ' 1 Pit <.' ;: •29261_':;---:J — :.. • I � _.. \.• � ,.' . , _ .. — 29.:?9 -' ;f Foot , i{jge .% \ , • {' `t' '� �::. •. 4 {C s t.:, It t: ti le _ • rs JD - - 1 _ m IS.,o I Storage Binsg°qoq 12926,' i AREAS WITH NOISE LEVELS '- Radio EXCEEDING 65 LDN o b25 0 625 1250 � _ - y-• — — � FIGURE 3.4: (SCALE IN FEET) EXISTING AIRCRAFT NOISE LEVELS AT KALISPELL CITY AIRPORT EXHIBIT C ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act - 5 U.S.C. 1501, etsea.2 Airport Assurances (3/2005) e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seg.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. I 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.I r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.1 t. Copeland Anti kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.1 V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.z X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11988 —Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' Airport Assurances (3/2005) h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. I 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.I Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations I These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 4 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that Airport Assurances (3/2005) property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances (3/2005) plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make- the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, Airport Assurances (3/2005) 10 aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) 11 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 12 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) 13 C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances (3/2005) 14 non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date Airport Assurances (3/2005)