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Home My WebLink AboutALUC CORRESPONDENCE OCT 8, 02 - NOV. 11, 02utte ount LAND OF NATURAL WEALTH AND BEAUTY AIRPORT LAND USE COMMISSION "`:- 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 .41 TELEPHONE: (530) 538 6571 FAX: (530) 538-7785 www.buttecounty.net/dds/ October 8, 2002 Mr. Robert Feeney Feeney Engineering & Surveying 1250 East Avenue, Suite 10 Chico, CA 95926 RE: Butte County Airport Land Use Commission Meeting — October 16, 2002 Dear Mr. Feeney: Enclosed please find your copy of the Agenda for the upcoming Butte County Airport Land Use Commission (ALUC) Meeting scheduled for October 16, 2002. This meeting will take place at 9:00 a.m. in the Supervisors' Chambers located at 25 County Center Drive, Oroville. Also, enclosed is your copy of the staff report ALUC File No. A02-09, APN 048-750-043 to be discussed at this meeting under Agenda Item E. 1 If you have additional questions, please contact meat (530) 538 -7604 - Sincerely, Dolores Horn Secretary I /dh Enclosures cc: Mr. Stan Merritt Ms. Claudia Sigona STATE•QFFCALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS. Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS - M.S.#40 1120 N STREET P. O. BOX 942873 SACRAMENTO, CA 94273-000.1 PHONE (916) 654-4959 FAX (916) 653-9531 TTY (916) 651-6827 September 26, 2002 Mr. and Mrs. Michael N. Brown 10588 Chayote Drive. Durham, CA 95938 Dear Mr. and Mrs. Brown: D EC EPWE OCT 1 8 2002 BUTTE %WY AIP. TORT LANO'US� MMISS1- s Flex your power! Be energy efficient! In response to your application for a Corrected Airport .. Permit, your letter of August 19, 2002, and .our numerous telephone conversations, we have again reviewed the airport file and the airport's history. We bring the following facts to your attention: The Private -Use Airport Permit But -010 was issued to Mr. Cliff Johnson in 1987 and listed various conditions: Of primary importance, one of the airport permit conditions is the airport is restricted to use by the owner, and immediate family, and occasional invited guests utilizing aircraft with adequate performance characteristics for the runway length. File history indicates. that this condition was placed, on the airport permit to make it consistent with the land use permit issued by Butte County (County). There was an attempt by Mr. Cliff Johnson, the airport owner at that time, to reclassify the airport permit to a Special -Use Airport allowing for multiple owners/users. The Butte County Planning Department determinedthat the reclassification would be an expansion or modification of a nonconforming use. The Airport Land Use Commission recommended to the County Board of Supervisors that the airport permit be revoked. At the County's request (copy enclosed), the California Department of Transportation took no action to change the airport permit from its original status as a Private -Use Airport to be used by the owner, his family, and an occasional invited guest, The California Code of- Regulations (CCR), Title 21, Sections 3525 through 3560, Airports and Heliports, provides for the permitting of all classes of airports unless they are exempted. Section 3533. exempts Personal -Use Airports from the permit requirement. A. Personal -Use Airport is an airport to. be used by, the owner, his family, and occasional invited guest. Additionally; the CCR, Article 5, Section 3560, has requirements with regard to the design and operation of the airport to which the owner is obligated. Based on the above facts and your application and letter, we conclude that conditions have changed and that two families now ,own the property, Mr. and Mrs. Brown and Mr. and Mrs. Boeger. Because there are two owners, a Special -Use Permit is now required. You also stated Mr. Brown is the only pilot using the airport for his personal use. His sole use of the airport would, normally be a use that is exempt from the permit requirements. "Caltrans improves mobility across California" Mr. and Mrs. Michael N: Brown September 26, 2002 Page 2 ' An appropriate land use permit is required in order for the Department to issue any airport permit. We are prevented from issuing an airport permit that contradicts the existing Butte County land use permit. In an effort to comply with (1) your,request to correct and retain the Hog Ranch Airport Permit, (2) Butte County's request for the Department.. not to take action by issuing a permit authorizing expanded use of the airport, and' (3) the Public Utilities Code and California Code of'Regulations requirement to correct and provide you with' an airport permit, we are issuing a Special -Use Airport Permit and limiting the use of the airport to the personal .use of Mr. Brown and occasional invited guests with no commercial activities allowed. After careful consideration, if you wish to apply for a Special -Use Airport Permit with no conditions or restrictions, you must complete the airport_ permit process by obtaining a new Butte County land use permit, approval of the Butte County Board of Supervisors and the Butte County Airport `Land Use. Commission, and a new FAA airspace determination. Also, you must provide us with two new copies of the Airport Layout Plan and identify "the design aircraft." If you have any questions or if we may be of assistance, please contact Gary Knudsen at gary udsen@dot.ca.gov or by telephone at (916) 654-5216: nc eiy, . KMES E. MICHEL Aviation Safety Officer Enclosures c: Mr. and Mrs. George Boeger Mr. Greg Sanders n "Caltrans improves mobility across California" i State of California Department of Transportation Division of Aeronautics has issued an AIRPORT PERMIT For For HOG RANCH AIRPORT Owned by Owned by Michael N. and Gail S. Brown and George and Alberta Boeger Operated by Operated by Michael N. and Gail S. Brown and George and Alberta Boeger Located at Located at Durham, California Latitude 390 41'20" N.; Longitude 1210 46'58" W. Has received Permit No. But -010 ` Operation of this airport is hereby authorized under this permit issued pursuant to the laws of the State of California and the rules and regulations of the Department of Transportation subject to any conditions imposed by the Department. This display certificate is not the Airport Permit. September 25, 2002 DATE R. AUSTIN WISWELL CHIEF, Division of Aeronautics 4 ri au&wS •�N V��.t/_��V�' State of California Department of Transportation Division of Aeronautics has issued an AIRPORT PERMIT For For HOG RANCH AIRPORT Owned by Owned by Michael N. and Gail S. Brown and George and Alberta Boeger Operated by Operated by Michael N. and Gail S. Brown and George and Alberta Boeger Located at Located at Durham, California Latitude 390 41'20" N.; Longitude 1210 46'58" W. Has received Permit No. But -010 ` Operation of this airport is hereby authorized under this permit issued pursuant to the laws of the State of California and the rules and regulations of the Department of Transportation subject to any conditions imposed by the Department. This display certificate is not the Airport Permit. September 25, 2002 DATE R. AUSTIN WISWELL CHIEF, Division of Aeronautics 4 ri au&wS •�N Pursuant to California `Public. -Utilities Code Section 21662, the .California Department. of • Transportation; Division of. Aeronautics, hereby issues this Corrected'Special-Use Airport Permit No. But -010 for the: . HOG RANCH AIRPORT_ Durham, California Latitude: 390 41'. 20'` N. Longitude: 1210 46' 58" W. Co -Owned and Michael N. and Gail S. Brown Operated by: 10588 Chayote� Drive Durham, California' 95938 and - George and Alberta Boeger. 10690 Chayote Drive. Durham, California 95938 } This corrected permit reflects a change of ownership and. supersedes the, permit dated April 1.3,1987. Considering the airport property now has two owners, the airport may-be=used as a" Personal -Use Airport only by Michael N. Brown his family; aiid` occasional invited guests. The airport permit is also subject to these additional conditions:" 1. The airport is, to be maintained in accordance, with California Code of Regulations, - Title..,21; and Sections 3525 through. 3560, as appropriate for a Persorial=Use Airport. 2: The designated. traffic:pattern is as follows: .::Left::,traffic for -the runway . • Traffic: Pattern,Altitude is 1000 feet AGL 0 Page 2 3. The airport is approved for day use only. The physical status of this personal -use facility is described below: . Runway • Runway direction is North/South • Physical length of the runway is 2000 feet r • Runway is not lighted This permit shall remain in effect so long as- the airport meets the conditions under which the permit was issued or until action is taken by the Department to suspend, revoke, correct, or amend the -permit pursuant to the California Public Utilities Code,or. the California Code of Regulations.. The airport's owner shall apply to the Department for an Amended/Corrected Airport Permit prior to any physical or operational changes at the airport, which affect the conditions or physical status above or for a change in airport ownership. Failure to maintain the airport'in accordance with the conditions of this permit is a violation of Public Utilities Code Section 21666 and is punishable as a misdemeanor. September 25.2002 R. AUSTIN WISWELL, Chief Date Division -of Aeronautics Department of Transportation , State of California