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FAA/Determination of No Hazard to Air NavigationFederal Aviation Administration Air Traffic Airspace Branch, ASW-520 1 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 04/30/2007 VAUGHN PENROD PENCO ADVENTURES INC 2310 HWY 93 SOUTH KALISPELL, MT 59901 Aeronautical Study No. 2007-ANM-529-OE ** DETERNIINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Location: KALISPELL, MT Latitude: 48-10-31.88 N NAD 83 Longitude: 114-18-3.26 W Heights: 21 feet above ground level (AGL) 2955 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X Within 5 days after the construction reaches its greatest height (7460-2, Part H) See attachment for additional condition(s) or information. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 10/30/2008 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 6 I WIN V I 114A, VEGUNIT-119 This determination is subject to review if an interested party files a petition that is received by the FAA on or before May 30, 2007. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591. This determination becomes final on June 09, 2007 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via telephone -- 202-267-8783 - or facsimile 202-267-9328. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact Robert van Haastert, at (907)271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2007-ANM-529-OE. Page 2 of 6 Signature Control No: 504018-100022757 Kevin P. Haggerty Manager, Obstruction Evaluation Service Attachment(s) Additional Information Map(s) 7460-2 Attached Page 3 of 6 1� Abbreviations AGL - above ground level MSL - mean sea level RWY - runway IFR - instrument flight rules VFR - visual flight rules nm- nautical mile Part 77 - 14 Code of Federal Regulations (CFR) Part 77, Objects Affecting Navigable Airspace 1. LOCATION OF PROPOSED CONSTRUCTION The proposed 21 AGL (2955 MSL) building would be located 272 feet abeam Kalispell City airport (S27) and 1,057 feet north of the S27 RWY 31 threshold. The proposed building would be located approximately 200 feet southeast of the airport parking apron, just off airport property. The S27 RWY 31 threshold elevation is 2930 MSL. The structure is identified as a Part 77 obstruction as follows, Section 77.25(e) -- The transitional surface area designated to prevent tall structures from being located at the edge of the primary and approach surfaces of an airport established under 77.23, 77.25, or 77.29. This building would exceed S27 RWY 31 transition area by five (5) feet. 3. EFFECT ON AERONAUTICAL OPERATIONS a. The impact on arrival, departure, and en route procedures for aircraft operating under VFR follows: Exceeds the transitional surface at Kalispell City RWY 31 threshold by five (5) feet. Kalispell City airport runway is asphalt, 60 feet wide by 3601 feet long. b. The impact on arrival, departure, and en route procedures for aircraft operating under IFR follows: none. There are no IFR instrument approaches at this airport. c. The impact on all -existing public -use airports and aeronautical facilities follows: None. d. The impact on all planned public -use airports and aeronautical facilities follow: None. e. The cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures follows: None. 4. CIRCULATION AND COMMENTS RECEIVED The proposal was circulated for public comment on March 21, 2007 and no objections to the proposal were received. 5. DETERMINATION - NO HAZARD TO AIR NAVIGATION It is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient use of navigable airspace by aircraft. 6. BASIS FOR DECISION Page 4 of 6 The proposed building would exceed the Part 77 transitional surface by 5 feet, however, there are no IFR effects and no additional VFR issues were raised. The Kalispell Airport manager stated the proposed building complies with Kalispell's local Airport Affected Area (AAA) regulations. Within five days after the building reach its greatest height, proponent is required to file a FAA form 7460-2, Actual Construction notification, at the OE/AAA website (http://oeaaa.faa.gov). This Actual Construction notification will be the source document detailing the site location, site elevation, and structure height for the National Aeronautical Charting Office (NACO) to map the tower on aeronautical charts and update the national obstruction database. Mc Page 5 of 6 TOPO Map for ASN 2007-ANM-529-OE Page 6 of 6 Overview Study (ASN): 2007-ANM-529-OE Prior Study: Status: Determined Letters: Determination In Sponsor Information Sponsor: PENCO ADVENTURES INC Attention Of: VAUGHN PENROD Address: 2310 HWY 93 SOUTH City: KALISPELL State: MT Postal Code: 59901 Country. USA Phone: (406)755-6229 Fax. (406)755-0282 Construction Info Notice Of: Construction Duration: Permanent (Months: 0 Days:O) Work Schedule: Date Built, Structure Details Latitude (NAD 83): 480 10'31.88" N Longitude (NAD 83): 1140 18' 03.26" W Datum: NAD 83 Accuracy: Marking/ Lighting: Other Description: Name: City: KALISPELL State: MT Nearest Airport: S27 Distance to Structure: 727 feet Dn Airport: No Direction to Structure: 123.64 Traverseway: NO Description of Location: Description of Proposal: Received Date: Entered Date- 02/16/2007 Completion Date: 04/30/2007 Expiration Date: 10/30/2008 Map, View MaP Sponsor's Representative Information Representative: MONTANA MAPPING ASSOCIATES INC Attention Of: OLAF ERVIN Address: 1405 HWY 2 WEST City: KALISPELL State: MT Postal Code: 59901 Country: USA Phone: (406)752-3539 Fax: (406)852-5043 Structure Summary Structure Type: Building Other Description: NACO Number: FCC Number: Site Elevation: Structure Height: Total Height (ASML): Frequencies Low Freq High Freq Unit Proposed DNE BET 2934 21 0 21 2955 0 2955 ERP Unit https:lloeaaa.faa.govloeaaalextemallcrjsp?ASN=2007-ANM-529-OE&euid=5RhIRICzalB... 5/1/2007 - --a- - -- - Form 7460-1 for ASN: 2007-AN M -529-OE Overview Study (ASN)- 2007-ANM-529-OE Prior Study: Status: Determined Letters: C�-termination in Sponsor Information Sponsor: PENCO ADVENTURES INC Attention Of: VAUGHN PENROD Address- 2310 HWY 93 SOUTH City: KALISPELL State: MT Postal Code: 59901 Country: USA Phone: (406)755-6229 Fax: (406)755-0282 Construction Info Notice Of: Construction Duration: Permanent (Months: 0 Days: 0) Work Schedule: Date Built: Structure Details Latitude (NAD 83): 48* 10'31.88" N Longitude (HAD 83): 1140 18'03.26" W Datum: NAD 83 Accuracy: Marking/Lighting: Other Description: Name: City: KALISPELL State: MT Nearest Airport: S27 Distance to Structure. 727 feet Dn Airport: No Direction to Structure: 123.64 rraverseway: NO Description of Location; Description of Proposal: Received Date: Entered Date- 02/16/2007 Completion Date: 04/30/2007 Expiration Date: 10/30/2008 Map: View Map Sponsor's Representative Information Representative: MONTANA MAPPING ASSOCIATES INC Attention Of: OLAF ERVIN Address: 1405 HWY 2 WEST City: KALISPELL State; MT Postal Code. 59901 Country: USA Phone: (406)752-3539 Fax: (406)852-5043 Structure Summary Structure Type; Building Other Description: NACO Number: FCC Number: mzs=�� Site Elevation: Structure Height: Total Height (ASML). Frequencies Low Freq High Fred Unit Proposed ONE DET 2934 21 0 21 2955 0 2955 ERP Unit https://oeaaa.faa.gov/oeaaa/extemal/crj sp?ASN=2007-ANM-529-OE&euid=5RhIRI CzalB... 5/1/2007