Obstruction Removal Projects:

Transcription

1 Obstruction Removal Projects: A Survival Guide to THE most unpopular FAA type of project David Parker, BOA Engineering Region 1 THE

2 Obstruction Removal OFF AIRPORT, the 2 words everyone in the business despises. Off Airport involves: 1. Drama 2. Complications 3. Loss of direct total control 4. Increase in project timeline 5. Increase in project costs 6. What do you have to show for the effort?

3 Indiana County (IDI) Google Earth Relocated RW Old RW Indiana Country Clubhouse Meadow Lane Golf Course US RW 11 End

4 Purpose of the Obstruction Removal Project: Obtain FAA Designed and Published Approaches into Indiana County Airport for the new 100 x 5500 Runway

5 Indiana County (IDI) Departure and Approach Surfaces Indiana Country Clubhouse Meadow Lane Golf Course US RW 11 End

6 What the FAA tells you when requesting an approach

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8 Indiana County (IDI) Google Earth with Tree Points Indiana Country Clubhouse Meadow Lane Golf Course US RW 11 End

9 Initially 45 total properties impacted: 2 Private Golf Courses 1 Catholic Church 2 PennDOT ROW strips 1 City Water Reservoir Tank (controlling) 3 Communication Spires 40 Private Homes/Farms 3-4 properties for sale PA Game Commission Lands Known Bald Eagle Nesting Site

10 40:1 Impacted Properties 2 Golf Courses What the Airport Authority expects to see

11 What property owners think their place looks like o

12 40:1 Impacted Properties 2 Golf Courses What the property owner thinks will happen to their property from the project

13 What the Resource Agencies think we re doing on a project

14 40:1 Impacted Properties 2 Golf Courses What the FAA thinks your airport should look like

15 40:1 Impacted Properties 2 Golf Courses What Engineers think of these projects

16 What we would like to do to remove trees

17 Easements Right Of Entry Agreements Temporary Construction Easements Eminent Domain Condemnation/Declaration of Taking Appraisals/Review Appraisals Clear & Grub/NPDES Permit Airport Hazard Zoning Legislative Inquiries

18 You could hire a pricey ROW Acquisition Consultant to negotiate with property owners or

19 A Survivor s Guide to Obstruction Removal Projects OFF Airport Property Rules for Success

20 Rule #1 Contact Direct contact from Airport Manager or BOA Engineer/Consultant Engineer by direct mail. NO Airport Solicitor s threatening/scary letters!

21 Rule #2 Meetings One of the ways to ensure success is to meet with impacted property owners on site at their house to show them mapping, aerial imagery and a list of trees or areas that are potential obstructions.

22 Rule # 3 Information Sharing Explain the process that there are Federal & State Aviation Regulations, the Who, What, When, Where, Why and What s in it for the property owner. Briefly discuss Eminent Domain and how that could work but in a non threatening manner. yyyyyyy1.

23 Rule # 4 Constant Contact A happy and well informed property owner is less likely to call a lawyer, legislator or someone else to cause you grief. These projects have 2 speeds, Slow and Glacier so keep the property owners informed of the project timelines. g

24 Explain the difference between easement tree cutting and ROE tree cutting when it only involves a few trees.

25 FAA Order D ( ) Table 3-11 Obstruction Removal MUST have Easements e

26 Airport Hazard Zoning Is it a de facto easement? What is the effect on an appraisal? What are the ramifications of a no net damage result in the appraisal relying on the Hazard Zoning?

27 Easements vs Right Of Entry Agreements The preferred course of action is an Easement, but when that effort becomes contentious or time critical the pursuit of the ROE may be an option to explore. The intent of the easement is to have control over the property, the ROE gives the airport limited control over a period of time and can renegotiate in the future.

28 Right Of Entry (ROE) Agreements are borne out of a hybrid of Temporary Construction Easements (TCE) used by highways. The TCE gives the Airport the opportunity to perform the obstruction removal under the ROE Agreement.

29 ROEs are TEMPORARY, QUICK and in most cases CHEAP No Appraisals/Review Appraisals No property surveys No easement recordation at courthouse No legal cost for easement language prep No payment for the easement No change to the ALP or cost to do so (for adding the easement and parcel number)

30 Justification for ROEs vs Easements 1. Inability to easily secure the easement 2. Unwillingness to use eminent domain 3. Urgency of the removal of an obstruction 4. Unexpected loss of night ops due to trees 5. Unplanned or unforeseen issues (new AC) 6. Hazard Zoning effect on valuations

31 Uniqueness of the Indiana Project: This project is atypical of the normal process largely because of the fact that it began 6 months BEFORE the new AIP Handbook issuance on and FAA coordination permitted it to proceed using ROEs in lieu of easements.

32 Timeline and Costs of the Approach Obstruction Removal Project: Began March 2014 Approached Published September 2016 Total Estimated Costs $1.5 million Total Actual Costs $60,000 Approaches: RW 29 = ¾ Mile & 250 RW 11 = 1 3/4 mi & 500 WAAS Special thanks to: Gerard G. Lebar Sr. (FAA) Guillermo Felix (FAA) Tom Tomczyk (BOA)

33 What your RPZ looks like when you don t maintain your Obstruction Removal Project Is this a problem?

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35 Yellow Book

36 Questions?