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HomeMy WebLinkAbout06/06/2023 - Agenda Packet - Zoning Board of Adjustments College Station, TX Meeting Agenda Zoning Board of Adjustment 1101 Texas Ave, College Station, TX 77840 Internet: https://us06web.zoom.us/j/89912027651 Phone: 888.475.4499 and Webinar ID: 899 1202 7651 The City Council may or may not attend this meeting. June 6, 2023 6:00 PM Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1. Call meeting to order and consider absence requests. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: Attachments: 1. April 4, 2023 2.2. Public Hearing, presentation, discussion, and possible action regarding a height variance to the Airport Zoning Ordinance for the property located at Boyett Block 8, Lots 19 (6' of) and 20-21, Boyett Block 10, Lots 1-2, east and west half of Lot 13, and Lots 4-6, and the adjacent 0.288 acres of former University Drive Right-of-Way, generally located at 101 University Drive. The property is zoned NG-1 Core Northgate. Case #AWV2023-000008 3. Discussion and possible action on future agenda items. A member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 4. Adjourn. Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on May 30, 2023 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification Page 1 of 113 Zoning Board of Adjustment Page 2 June 6, 2023 at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 2 of 113 April 4, 2023 Zoning Board of Adjustments Minutes Page 1 of 4 Minutes Zoning Board of Adjustment Regular Meeting April 4, 2023 MEMBERS PRESENT: Chairperson Fred Dupriest, Board Members Rachel Smith, James Hutchins, Michael Martinez, and Kevin Bishop CITY STAFF PRESENT: Director of Planning and Development Services Michael Ostrowski, Assistant Director of Planning and Development Services Molly Hitchcock, City Attorney Adam Falco, Deputy City Attorney Leslie Tipton-Whitten, Assistant City Attorney Gavin Midgley, Senior Planner Matthew Ellis, Lead Technology Services Specialist Thomas Bauman, and Staff Assistant II Crystal Fails 1. Call meeting to order. Chairperson Dupriest called the meeting to order at 6:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: Board Member Smith motioned to approve the corrected meeting minutes from February 7, 2023 and February 16, 2023, Board Member Martinez seconded the motion, the motion passed 5-0. 2.2. Public Hearing, presentation, discussion, and possible action regarding an Appeal to the Administrator’s Written Interpretation regarding a proposed use being classified as “Wholesales/Services” for a property zoned M-1 Light Industrial. Case #AWV2023-000005 Director Ostrowski presented the item stating that the applicant is appealing the written interpretation that classified Heritage Landscape Supply Group, Incorporated’s proposed use of the property as Commercial Garden/Greenhouse/Landscape Maintenance, which is not permitted within M-1 Light Manufacturing, the current zoning of the property. The products they are proposing to sell are specifically identified in the Unified Development Ordinance (UDO) definition of Commercial Garden. Chairperson Dupriest opened the public hearing. Chris Nichols, Lawyer, Wilson, Cribbs & Goren, addressed the Board regarding the retired M-1 Light Manufacturing zoning district and the uses allowed by Page 3 of 113 April 4, 2023 Zoning Board of Adjustments Minutes Page 2 of 4 right. Mr. Nichols stated that the City does not have a definition of Wholesale Services, just for one Wholesale. Richard Sullivan, Employee of the Heritage Landscape Supply Company and the Texas Pool Supply / Stone Center of Texas, shared the company’s background, as well as some of the items that they would be selling. Mr. Sullivan stated that the proposed uses include the selling of bulk supplies to landscape and pool companies and that both Texas Pool Supply and Stone Center of Texas will be operating out of one building. The hours of operation will be Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to noon, and they expect traffic to be light. Mr. Sullivan also stated that they received approval from the City regarding the pool company. Board Member Smith asked the applicant if he can give the Board three to five of their biggest companies that they will be selling to. Mr. Sullivan stated that he was unable to speak on this. Chairperson Dupriest closed the public hearing. Chairperson Dupriest asked staff what classifies a business as a Commercial Garden. Director Ostrowski stated that the classification is based off the items the business sells, as well as the proposed Site Plan. Chairperson Dupriest asked staff if all or some of the items were related to planting and harvesting. Director Ostrowski answered that it is a combination of factors such as the landscape maintenance items relating to the sprinkler installation, as well as the chemicals they will be selling. Chairperson Dupriest asked if staff considers that all the items being sold at the business as related to the landscape use. Director Ostrowski answered that when looked at holistically from a landscape perspective, yes, staff would consider them related to that use. Board Member Smith asked staff to clarify the statement made by Mr. Sullivan that they have the approval for the pool company. Director Ostrowski stated that the pool company’s permit has not been approved by the City as of today, as we are still waiting on the Site Plan. He also stated that the pool company can operate as wholesale, if it is done so independently. Page 4 of 113 April 4, 2023 Zoning Board of Adjustments Minutes Page 3 of 4 Board Member Smith asked if staff determined that the use was more for a commercial nursery than for pool wholesale. Director Ostrowski stated that they do not plan to have organic materials at this site, but it is more of a commercial landscape maintenance use and those uses are linked together within the City’s use table. The information they provided to staff would be considered landscape maintenance which is prohibited in this district. Board Member Martinez asked if the application was denied because of the materials and products that are going to be on that site. Director Ostrowski stated the products and materials that the business will be selling are related to commercial garden but also that the site layout and concept plan that was submitted was that of commercial garden type use. Board Member Smith asked if wholesale is permitted in either M-1 Light Industrial or M-2 Heavy Industrial zoning districts. Director Ostrowski stated that wholesale is permitted in these two zoning districts. Board Member Smith asked what businesses are currently operating in an M-1 Light Industrial zoning district. Director Ostrowski stated that the City has a limited amount of M-1 Light Industrial properties. These include Veteran’s Park, University Properties, Science Park, Lintec, Zodes, Neutech Incorporation and the Texas A&M Center for Advanced Development Manufacturing. Board Member Martinez asked staff if, based on the products, would staff consider the Unified Development Ordinance (UDO) commercial garden wholesale handling to also be considered wholesale sales. Director Ostrowski stated yes. Board Member Smith asked the applicant to provide the map that was provided to the City. Mr. Nichols spoke to the Board on the layout of the site, depicting where the supplies for each company would be located. Chairperson Dupriest asked the applicant if there was any additional information they would like to provide the Board. Mr. Nichols stated that he disagreed with the discussion primarily dealing with the wholesale use which is permitted by right. Page 5 of 113 April 4, 2023 Zoning Board of Adjustments Minutes Page 4 of 4 Chairperson Dupriest asked the applicant if there was misinformation given to the Board. Mr. Nichols replied no but wanted to reiterate that they will not be selling living things. Board Member Smith asked Mr. Sullivan why he thought the pool company was approved with limitations and the landscape company was not approved. Mr. Sullivan stated that while communicating with staff about the project, they received an email giving approval to move forward with their plan for the pool company but still needed to seek building permit approval. However, after further discussion about the second company and their items for sale, it was determined that a written interpretation was needed and everything was put on hold for both companies. They believe that they confused the City by what they were wanting to do with the two companies. Once it was explained, they were told that in order to move forward with just the pool company, they would need to write a letter to the City stating that the Texas Stone Center would not operate at that location and to remove them off of the plans. Board Member Smith asked if the same supplies will be sold at the landscape company and the pool company. Mr. Sullivan replied they will not be selling the same supplies. Chairperson Dupriest motioned to uphold the interpretation by the Administrator, Board Member Smith seconded the motion, the motion passed 5-0. 3. Discussion and possible action on future agenda items - A member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There was no discussion on future agenda items. 4. Adjourn. The meeting adjourned at 7:00 p.m. Approved: Attest: ______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Board Secretary Page 6 of 113 Airport Zoning Board of Adjustment Page 1 of 3 June 6, 2023 AIRPORT ZONING BOARD OF ADJUSTMENT AIRPORT HEIGHT VARIANCE REQUEST FOR 101 UNIVERSITY DRIVE AWV2023-000008 REQUEST:Height variance to the Easterwood Airport Zoning Ordinance LOCATION:101 University Drive Boyett Block 8, Lots 6’ of 19 and 20-21 Boyett Block 10, Lots 1-2, east and west half of lot 13 and lots 4-6 Adjacent 0.288 acres of former University Drive Right-of-Way ZONING:NG-1 Core Northgate PROPERTY OWNER:WESTENDNG, LP RADAKOR, LLC Chad Baccus ARTESIAN ASSETS, LLC APPLICANT:Quiddity Engineering LLC PROJECT MANAGER:Robin Macias, Staff Planner rmacias@cstx.gov RECOMMENDATION:Approval BACKGROUND: The applicant is proposing a new mixed-use development in Northgate encompassing 8 lots and 0.288 acres of former University Drive right-of-way bounded by University Drive, Wellborn Road, Church Avenue and First Street. The building is anticipated to consist of a parking garage and retail space on the floor level with a parking garage and residential units above. The height of the building is proposed to be 550 feet Above Mean Sea Level (AMSL) or 208 Above Ground Level (AGL). Per the Airport Zoning Ordinance for Easterwood Airport, the maximum height of a structure at this location may be 470.6 feet Above Mean Sea Level (AMSL). The construction of the building will require the use of a tower crane and a temporary mobile crane to assemble and disassemble the tower crane. The Page 7 of 113 Airport Zoning Board of Adjustment Page 2 of 3 June 6, 2023 tower crane has a proposed height of 603 feet AMSL. The temporary mobile crane has a proposed height up to 692 feet AMSL. With the limitation of 470.6 feet above mean sea level, the applicant is requesting a height variance of 80 feet for the building, a temporary height variance for the tower crane of 133 feet and a temporary height variance for the mobile crane up to 234 feet. ORDINANCE INTENT: The purpose of the Airport Zoning Ordinance is to establish clear and unambiguous regulations for the protection of the lives and property of users, owners, and occupants of and in the vicinity of Easterwood Field Airport and for the protection of airport operations. NOTIFICATIONS Advertised Board Hearing Date: June 6, 2023 Property owner notices mailed: 10 Contacts in support: None at time of staff report Contacts in opposition: None at time of staff report Inquiry contacts: None at time of staff report ZONING AND LAND USES Direction Zoning Land Use North Local Street (Church Ave) Local Street (Church Ave) East Local Street (First St) and NG-1 Core Northgate Local Street (First St) and restaurant South Major Arterial (University Dr) Major Arterial (University Dr) West Major Arterial (Wellborn Rd) Major Arterial (Wellborn Rd) REVIEW CRITERIA According to the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from an airport zoning regulation if all of the following criteria are met: 1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship. 2. The granting of the relief would result in substantial justice being done. 3. The granting of the relief would not be contrary to the public interest. 4. The granting of the relief would be in accordance with the spirit of the regulation. Page 8 of 113 Airport Zoning Board of Adjustment Page 3 of 3 June 6, 2023 The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the purpose of airport zoning. The variance request is to allow for the construction of a mixed-use development, the use of a tower crane for construction, and the use of a mobile crane for assembly and disassembly of the tower crane. The residential building will be at 550 feet Above Mean Sea Level. The temporary tower crane will be at 603 feet Above Mean Sea Level and the temporary mobile crane will have a height up to 692 feet Above Mean Sea Level. The Easterwood Airport Management (EAM) team has no objections to granting a height variance for the building, tower crane and the temporary mobile crane. The FAA has made the determination that No Hazard to Air Navigation is present for the building and has also made the determination that No Hazard to Air Navigation for Temporary Structures is present for the construction cranes. In consultation with the EAM team, the TAMU System has no objections to the granting of a variance for building height and a variance for the use of the tower crane and the temporary mobile construction crane. Allowing the height encroachment for the building height and temporary height encroachment for the cranes would result in substantial justice being done. The relief would not be contrary to the public interest as it has been deemed acceptable by the FAA, airport and the TAMU System with additional safety precautions and communication processes between the applicant and airport required. The relief would be in accordance with the spirit of the regulation to allow development while protecting lives, property, and airport operations. STAFF RECOMMENDATION After reviewing the request and the related criteria, the information provided by EAM and TAMUS, staff recommends approval of the request. The granting of the variance would result in substantial justice being done without being contrary to the public interest, and the spirit of the regulation remains. ATTACHMENTS 1. Vicinity Map, Aerial, and Small Area Map 2. Applicant’s Supporting Information 3. Federal Aviation Administration Documentation for Building 4. Federal Aviation Administration Documentation for Temporary Cranes 5. Easterwood Airport Management Documentation 6. TAMU System Documentation 7. Exhibit Page 9 of 113 Page 10 of 113 Page 11 of 113 Page 12 of 113 Name of Project: 101 UNIVERSITY - HEIGHT VARIANCE Address: 203 FIRST ST Legal Description: BOYETT, BLOCK 10, LOT 5 Applicant: QUIDDITY ENGINEERING LLC Property Owner: WESTENDNG LP Applicable ordinance section being appealed/seeking waiver from: Airport Zoning Ordinance for Easterwood Airport. The following specific variation to the ordinance is requested: The proposed 208-foot tall building will exceed the current 150-foot horizontal plane from the airport by 80-feet. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Providing parking for this proposed mixed use building is driving increased elevations for building. The following alternatives to the requested variance are possible: Removing/reducing some of the parking requirements for such buildings and/or removing this specific variance from similar projects once approval from required parties is attained. APPEAL/WAIVER APPLICATION SUPPORTING INFORMATION The following special condition exists: This variance will allow for this mixed use building to be approved and constructed. Page 1 of 2 Page 13 of 113 The variance will not be contrary to public interest due to: This variance will allow for this proposed building to be constructed and will add to the overall Northgate presence. This building will provide more housing and opportunities for future citizens of College Station and will overall boost the Texas A&M Campus and College Station economy by providing additional opportunities for population growth. Other similar building are under construction and/or preliminary design(s), so this will not be new to this portion of the city. Page 2 of 2 Page 14 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22255-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 1 Location:College Station, TX Latitude:30-37-00.19N NAD 83 Longitude:96-20-56.63W Heights:341 feet site elevation (SE) 198 feet above ground level (AGL) 539 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 FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 07/19/2024 unless: (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. Page 15 of 113 Page 2 of 9 (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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. Page 16 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22255-OE. Signature Control No: 560944556-568906133 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 17 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22255-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 18 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 19 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 20 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22255-OE Building development project located in College Station, TX. Page 21 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22255-OE Page 22 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22255-OE Page 23 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22256-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 2 Location:College Station, TX Latitude:30-37-02.03N NAD 83 Longitude:96-20-54.57W Heights:342 feet site elevation (SE) 198 feet above ground level (AGL) 540 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 FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 07/19/2024 unless: (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. Page 24 of 113 Page 2 of 9 (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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. Page 25 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22256-OE. Signature Control No: 560944564-568906134 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 26 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22256-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 27 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 28 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 29 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22256-OE Building development project located in College Station, TX. Page 30 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22256-OE Page 31 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22256-OE Page 32 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22257-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 3 Location:College Station, TX Latitude:30-37-01.04N NAD 83 Longitude:96-20-55.29W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 33 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 34 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22257-OE. Signature Control No: 560944572-568906645 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 35 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22257-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 36 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 37 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 38 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22257-OE Building development project located in College Station, TX. Page 39 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22257-OE Page 40 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22257-OE Page 41 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22258-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 4 Location:College Station, TX Latitude:30-37-01.62N NAD 83 Longitude:96-20-54.65W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 42 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 43 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22258-OE. Signature Control No: 560944583-568906642 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 44 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22258-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 45 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 46 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 47 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22258-OE Building development project located in College Station, TX. Page 48 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22258-OE Page 49 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22258-OE Page 50 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22259-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 5 Location:College Station, TX Latitude:30-37-01.37N NAD 83 Longitude:96-20-54.35W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 51 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 52 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22259-OE. Signature Control No: 560944592-568906641 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 53 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22259-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 54 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 55 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 56 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22259-OE Building development project located in College Station, TX. Page 57 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22259-OE Page 58 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22259-OE Page 59 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22260-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 6 Location:College Station, TX Latitude:30-37-00.51N NAD 83 Longitude:96-20-54.74W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 60 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 61 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22260-OE. Signature Control No: 560944599-568906644 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 62 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22260-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 63 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 64 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 65 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22260-OE Building development project located in College Station, TX. Page 66 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22260-OE Page 67 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22260-OE Page 68 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-22261-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 7 Location:College Station, TX Latitude:30-37-00.89N NAD 83 Longitude:96-20-54.19W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 69 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 70 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-22261-OE. Signature Control No: 560944610-568906643 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 71 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-22261-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 72 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 73 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 74 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-22261-OE Building development project located in College Station, TX. Page 75 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-22261-OE Page 76 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-22261-OE Page 77 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-24886-OE Prior Study No. 2022-ASW-22262-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 8 Location:College Station, TX Latitude:30-36-58.80N NAD 83 Longitude:96-20-53.16W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 78 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 79 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-24886-OE. Signature Control No: 565370258-568906647 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 80 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-24886-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 81 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 82 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 83 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-24886-OE Building development project located in College Station, TX. Page 84 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-24886-OE Page 85 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-24886-OE Page 86 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-24969-OE Prior Study No. 2022-ASW-22263-OE Page 1 of 9 Issued Date: 01/19/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 ** DETERMINATION 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:Multi-purpose Building 101 University - Point 9 Location:College Station, TX Latitude:30-36-59.18N NAD 83 Longitude:96-20-52.62W Heights:342 feet site elevation (SE) 208 feet above ground level (AGL) 550 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: As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, red lights-Chapters 4,5(Red),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) See attachment for additional condition(s) or information. This determination expires on 07/19/2024 unless: Page 87 of 113 Page 2 of 9 (a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b)extended, revised, or terminated by the issuing office. (c)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. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is subject to review if an interested party files a petition that is received by the FAA on or before February 18, 2023. In the event an interested party files a petition for review, it must contain a full statement of the basis upon which the petition is made. Petitions can be submitted to the Manager of the Rules and Regulations Group via e-mail at OEPetitions@faa.gov, via mail to Federal Aviation Administration, Air Traffic Organization, Rules and Regulations Group, Room 425, 800 Independence Ave, SW, Washington, DC 20591, or via facsimile (202) 267-9328. FAA encourages the use of email to ensure timely processing. This determination becomes final on February 28, 2023 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 Rules and Regulations Group via telephone – 202-267-8783. 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. 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 Page 88 of 113 Page 3 of 9 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). If we can be of further assistance, please contact Andrew Hollie, at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022- ASW-24969-OE. Signature Control No: 565371558-568906648 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 89 of 113 Page 4 of 9 Additional information for ASN 2022-ASW-24969-OE Abbreviations AGL = Above Ground Level MSL = Mean Sea Level NM = Nautical Mile RWY = Runway NEH = No Effect Height Part 77 = Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building project is composed of nine studies that represent the corners of the building and various elevations, located approximately 1.86 nm northeast of the airport reference point, is within the protected surfaces at Easterwood Field (CLL), College Station, TX. The nine studies are: Aeronautical Study AGL / MSL Direct distance from runway end 16 2022-ASW-22255-OE 198 / 539 8495 feet / 1.39 nm 2022-ASW-22256-OE 198 / 540 8747 feet / 1.43 nm 2022-ASW-22257-OE 208 / 550 8629 feet / 1.42 nm 2022-ASW-22258-OE 208 / 550 8708 feet / 1.43 nm 2022-ASW-22259-OE 208 / 550 8700 feet / 1.43 nm 2022-ASW-22260-OE 208 / 550 8608 feet / 1.41 nm 2022-ASW-22261-OE 208 / 550 8666 feet / 1.42 nm 2022-ASW-24886-OE 208 / 550 8536 feet / 1.40 nm 2022-ASW-24969-OE 208 / 550 8593 feet / 1.41 nm Study 2022-ASW-22260-OE is being circulated for public comment and will represent the project. This study is the closest and highest point to CLL and also has the greatest impact. At the proposed height, this structure will penetrate these protected airport surfaces: > 77.17 (a)(2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. 2022-ASW-22257-OE exceeds by 8 feet. 2022-ASW-22258-OE exceeds by 8 feet. 2022-ASW-22259-OE exceeds by 8 feet. 2022-ASW-22260-OE exceeds by 8 feet. 2022-ASW-22261-OE exceeds by 8 feet. 2022-ASW-24886-OE exceeds by 8 feet. 2022-ASW-24969-OE exceeds by 8 feet. > 77.17 (a)(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under 77.19, 77.21, or 77.23. 77.19 (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation. Page 90 of 113 Page 5 of 9 2022-ASW-22255-OE exceeds by 69 feet. 2022-ASW-22256-OE exceeds by 70 feet. 2022-ASW-22257-OE exceeds by 80 feet. 2022-ASW-22258-OE exceeds by 80 feet. 2022-ASW-22259-OE exceeds by 80 feet. 2022-ASW-22260-OE exceeds by 80 feet. 2022-ASW-22261-OE exceeds by 80 feet. 2022-ASW-24886-OE exceeds by 80 feet. 2022-ASW-24969-OE exceeds by 80 feet. **Part 77 obstruction standards are used to screen the many proposals submitted in order to identify those which warrant further aeronautical study. This study is conducted in order to determine if the proposal would have a significant adverse effect on protected aeronautical operations and airspace. While part 77 obstruction standards trigger formal aeronautical study, including public circularization, these obstruction standards do not constitute absolute or arbitrary criteria for identification of hazards to air navigation. Accordingly, the fact that a proposed structure exceeds certain obstruction standards of part 77 is in itself not sufficient grounds for issuance of a determination of hazard to air navigation. The proposal was circularized for public comment on 12/08/2022 to 4629 email respondents with zero responses returned. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Page 91 of 113 Page 6 of 9 Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 92 of 113 Page 7 of 9 Case Description for ASN 2022-ASW-24969-OE Building development project located in College Station, TX. Page 93 of 113 Page 8 of 9 TOPO Map for ASN 2022-ASW-24969-OE Page 94 of 113 Page 9 of 9 Sectional Map for ASN 2022-ASW-24969-OE Page 95 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-23953-OE Page 1 of 6 Issued Date: 02/09/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 **DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE** 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:Tower Crane Tower Crane - 101 University Location:College Station, TX Latitude:30-37-00.57N NAD 83 Longitude:96-20-53.76W Heights:343 feet site elevation (SE) 260 feet above ground level (AGL) 603 feet above mean sea level (AMSL) This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met: **SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION** 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of a 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 temporary 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. Page 96 of 113 Page 2 of 6 A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office if the structure is subject to the issuance of a Notice To Airman (NOTAM). If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-23953- OE Signature Control No: 564376270-572234219 ( TMP ) Andrew Hollie Specialist Page 97 of 113 Page 3 of 6 Additional Condition(s) or Information for ASN 2022-ASW-23953-OE Proposal: To construct and/or operate a(n) Tower Crane to a height of 260 feet above ground level, 603 feet above mean sea level. Location: The structure will be located 1.87 nautical miles northeast of CLL Airport reference point. Case Description for ASN 2022-ASW-23953-OE Tower crane used for building development project located in College Station, TX. Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any: Section 77.17 (a) (2) by 60 feet - a height that exceeds 543 feet above mean sea level within 1.87 nautical miles of CLL. Section 77.17 (a) (3) by 40 feet - a height that increases a minimum instrument flight altitude within a terminal area (TERPS Criteria). The proposal would necessitate AT 603 AMSL, 4D, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B MDA FROM 880 TO 960, NEH 563 AMSL. W/2C, CAT B FROM 880 TO 920, NEH 580 AMSL. Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating: Section 77.19 (a) Horizontal Surface by 133 feet as applied to CLL. Preliminary FAA study indicates that the above mentioned structure would: have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations. not exceed traffic pattern airspace have no physical or electromagnetic effect on the operation of air navigation and communications facilities. have no effect on any airspace and routes used by the military. Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical operations or procedures because it will be temporary. The temporary structure would not be considered a hazard to air navigation provided all of the conditions specified in this determination are strictly met. As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters 3(Marked),4,5(Red),14(Temporary),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. Notification should be made to this office through your registered e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to accommodate the structure. Page 98 of 113 Page 4 of 6 NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO AIRMAN (NOTAM) CANCELLATION. It is required that the manager of EASTERWOOD FLD, (979) 775-9901 be notified at least 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at least 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. Additionally, please provide contact information for the onsite operator in the event that Air Traffic Control requires the temporary structure to be lowered immediately. This determination expires on 08/09/2024 unless extended, revised, or terminated by the issuing office. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman (NOTAM) in order to coordinate the following: AT 603 AMSL, 4D, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. INCREASE CIRCLING CAT B MDA FROM 880 TO 960, NEH 563 AMSL. W/2C, CAT B FROM 880 TO 920, NEH 580 AMSL. You must also contact the FAA as specified above when the temporary structure has been removed from the site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance. Page 99 of 113 Page 5 of 6 TOPO Map for ASN 2022-ASW-23953-OE Page 100 of 113 Page 6 of 6 Sectional Map for ASN 2022-ASW-23953-OE Page 101 of 113 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-ASW-23969-OE Page 1 of 6 Issued Date: 02/09/2023 Tyler Ammermann Up Campus Properties, LLC 560 W. Washington BLVD. Suite 200 Chicago, IL 60661 **DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE** 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:Crane Helper Crane - 101 University Location:College Station, TX Latitude:30-37-00.98N NAD 83 Longitude:96-20-53.48W Heights:342 feet site elevation (SE) 350 feet above ground level (AGL) 692 feet above mean sea level (AMSL) This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met: **SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION** 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, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, 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 includes all previously filed frequencies and power for this structure. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of a 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 temporary 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. Page 102 of 113 Page 2 of 6 A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office if the structure is subject to the issuance of a Notice To Airman (NOTAM). If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-23969- OE Signature Control No: 564383854-572235189 ( TMP ) Andrew Hollie Specialist Page 103 of 113 Page 3 of 6 Additional Condition(s) or Information for ASN 2022-ASW-23969-OE Proposal: To construct and/or operate a(n) Crane to a height of 350 feet above ground level, 692 feet above mean sea level. Location: The structure will be located 1.88 nautical miles northeast of CLL Airport reference point. Case Description for ASN 2022-ASW-23969-OE Helper crane used for building development project located in College Station, TX. Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any: Section 77.17 (a) (2) by 162 feet - a height that exceeds 542 feet above mean sea level within 1.88 nautical miles of CLL. Section 77.17 (a) (3) by 129 feet - a height that increases a minimum instrument flight altitude within a terminal area (TERPS Criteria). The proposal would necessitate AT 692 (NEGOTIATED) AMSL, 4D, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. ILS OR LOC RWY 35 AMDT 14B, RNAV (GPS) RWY 11 AMDT 1D, RNAV (GPS) RWY 17 AMDT 1C, RNAV (GPS) RWY 29 AMDT 1B, RN AV (GPS) 35 AMDT 1C, VOR OR TACAN RWY 11 AMDT 19E, VOR RWY 29 AMDT 14A, INCREASE CIRCLING CAT B/C, MDA FROM 880/1000 TO 1060, NEH 563 AMSL. W/2C, CAT B/C FROM 880/1000 TO 1020, NEH 580 AMSL. ///LOC BC RWY 17 AMDT 8A, INCREASE CIRCLING CAT B/C FROM 940/1000 TO 1060, NEH 590 AMSL. W/2C, CAT B/C FROM 940/1000 TO 1020, NEH 640 AMSL. Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating: Section 77.19 (a) Horizontal Surface by 234 feet as applied to CLL. Preliminary FAA study indicates that the above mentioned structure would: have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations. have no physical or electromagnetic effect on the operation of air navigation and communications facilities. have no effect on any airspace and routes used by the military. Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical operations or procedures because it will be temporary. The temporary structure would not be considered a hazard to air navigation provided all of the conditions specified in this determination are strictly met. As a condition to this Determination, the structure is to be marked/lighted in accordance with FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters 3(Marked),4,5(Red),14(Temporary),&15. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. Notification should be made to this office through your registered e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to accommodate the structure. Page 104 of 113 Page 4 of 6 NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO AIRMAN (NOTAM) CANCELLATION. It is required that the manager of EASTERWOOD FLD, (979) 775-9901 be notified at least 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at least 3 business days prior to the temporary structure being erected and again when the structure is removed from the site. Additionally, please provide contact information for the onsite operator in the event that Air Traffic Control requires the temporary structure to be lowered immediately. This determination expires on 08/09/2024 unless extended, revised, or terminated by the issuing office. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman (NOTAM) in order to coordinate the following: AT 692 (NEGOTIATED) AMSL, 4D, EASTERWOOD FIELD (CLL), COLLEGE STATION, TX. ILS OR LOC RWY 35 AMDT 14B, RNAV (GPS) RWY 11 AMDT 1D, RNAV (GPS) RWY 17 AMDT 1C, RNAV (GPS) RWY 29 AMDT 1B, RN AV (GPS) 35 AMDT 1C, VOR OR TACAN RWY 11 AMDT 19E, VOR RWY 29 AMDT 14A, INCREASE CIRCLING CAT B/C, MDA FROM 880/1000 TO 1060, NEH 563 AMSL. W/2C, CAT B/C FROM 880/1000 TO 1020, NEH 580 AMSL. ///LOC BC RWY 17 AMDT 8A, INCREASE CIRCLING CAT B/C FROM 940/1000 TO 1060, NEH 590 AMSL. W/2C, CAT B/C FROM 940/1000 TO 1020, NEH 640 AMSL. You must also contact the FAA as specified above when the temporary structure has been removed from the site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance. Page 105 of 113 Page 5 of 6 TOPO Map for ASN 2022-ASW-23969-OE Page 106 of 113 Page 6 of 6 Sectional Map for ASN 2022-ASW-23969-OE Page 107 of 113 Easterwood Airport Management 1 McKenzie Terminal Blvd, College Station, TX 77845 May 1, 2023 Anthony Armstrong, P.E., CFM, Land Development Review Administrator City Of College Station 1101 Texas Ave. College Station, TX 77840 Re: Multi-purpose Building and Cranes at 101 University Dear Mr. Armstrong: Easterwood Management has reviewed the application for a height variance for the construction of a 208-foot tall building, one temporary tower crane, and one temporary helper crane at 101 University as well as the FAA letter of “Determination of No Hazard to Air Navigation for Temporary Structure.” Easterwood Airport Management has no objection to granting these height variances so long as the builder complies with the conditions outlined in the FAA Letters. Respectfully, Kevin Davis Easterwood Airport Management Page 108 of 113 From:O"Neill, John To:Robin Macias Subject:FW: 101 University - Height Variance - FAA Determinations Date:Tuesday, May 2, 2023 10:49:55 AM Attachments:image001.png image002.png image003.png Height Variance Letter for 101 University Building and Cranes Letter 512023.pdf PT_01_letter_568906133.pdf PT_02_letter_568906134.pdf PT_03_letter_568906645.pdf PT_04_letter_568906642.pdf PT_05_letter_568906641.pdf PT_06_letter_568906644.pdf PT_07_letter_568906643.pdf PT_08_letter_568906647.pdf PT_09_letter_568906648.pdf letter_572234219.pdf letter_572235189.pdf ***** This is an email from an EXTERNAL source. DO NOT click links or open attachmentswithout positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** FYI…   Kindest regards,   John   John J. O’Neill, MBA | Executive Director, Business Affairs System Risk Management joneill@tamus.edu   1262 TAMU | College Station, TX 77840-7896 Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu Moore/Connally Building 301 Tarrow St., 5th Floor College Station, TX 77840-7896       From: O'Neill, John  Sent: Tuesday, May 2, 2023 10:44 AM To: Anthony Armstrong <aarmstrong@cstx.gov> Cc: Molly Hitchcock <mhitchcock@cstx.gov>; Kevin Davis <KDavis@EasterwoodAirport.com> Subject: 101 University - Height Variance - FAA Determinations   Anthony,   The Texas A&M University System (TAMUS) relies on the expertise of the Easterwood Airport Management (EAM) team and the Federal Aviation Administration (FAA) to determine the impacts Page 109 of 113 of height variance requests which would or could affect the airport’s operations.    At this time, the Easterwood Airport Management team has no objections to granting the requested height variances for the construction of a 208-foot tall building, one temporary tower crane, and one temporary helper crane at 101 University, so long as the builder complies with the conditions as outlined in the FAA Letters (see attached).    In consultation with the EAM team, the TAMU System has no objections based on the determinations made by our subject matter experts in the field, as long as all conditions, as outlined, have been met.   Thanks and should you need anything else, please feel free to contact me,   John   John J. O’Neill, MBA | Executive Director, Business Affairs System Risk Managementjoneill@tamus.edu   1262 TAMU | College Station, TX 77840-7896 Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu Moore/Connally Building301 Tarrow St., 5th FloorCollege Station, TX 77840-7896         From: Kevin Davis <KDavis@EasterwoodAirport.com>  Sent: Monday, May 1, 2023 7:53 AM To: O'Neill, John <joneill@tamus.edu> Subject: FW: [EXTERNAL] -101 University - Height Variance - FAA Determinations   John,   Easterwood Airport Management’s recommendation letter for a building and two crane variances for the 101 University Project are attached. The location of this project is at the intersection of Church Ave and First St. Please let me know if you need any additional information.   Respectfully,   Kevin Davis, MBAA, C.M. ACE Airport Director Easterwood Airport Management 979-775-9901 Page 110 of 113 www.flyeasterwood.com       From: Stephen D. Walls PE <swalls@quiddity.com>  Sent: Friday, April 21, 2023 10:43 AM To: Kevin Davis <KDavis@EasterwoodAirport.com> Cc: Tyler E. Green PE <tgreen@quiddity.com>; Robin Macias <rmacias@cstx.gov>; Anthony Armstrong, PE, CFM (aarmstrong@cstx.gov) <aarmstrong@cstx.gov> Subject: [EXTERNAL] -101 University - Height Variance - FAA Determinations   Good morning Kevin,   We have been in communication with the City, and they said we can move forward with sending you the FAA Determination Letters for this 101 University Project. Please find the building, crane, and helper crane determination letters attached.   Let me know if you receive this as it will have multiple PDFs attached.   Thank you,   Stephen D. Walls PE​​​​ Project Engineer Email: swalls@quiddity.com T: (979) 307-6134   From: Tyler E. Green PE <tgreen@quiddity.com>  Sent: Friday, April 21, 2023 9:37 AM To: Stephen D. Walls PE <swalls@quiddity.com> Subject: FW: 101 University Height Variance       Tyler E. Green PE​​​​ Project Engineer Email: tgreen@quiddity.com T: (979) 307-6127   From: Robin Macias <rmacias@cstx.gov>  Sent: Friday, April 21, 2023 9:36 AM To: Tyler E. Green PE <tgreen@quiddity.com> Page 111 of 113 Subject: 101 University Height Variance   CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.   Tyler,   Can you please send the FAA determinations for 101 University to Kevin Davis (kdavis@easterwoodairport.com) at Easterwood Airport if you have not already done so?  Please copy myself and Anthony Armstrong (aarmstrong@cstx.gov).   Please let me know if you have any additional questions.   Thank you,   Robin Macias Staff Planner Planning & Development Services | City of College Station P.O. Box 9960 | 1101 Texas Avenue, College Station, Texas 77842 Office: (979)764-3763 | Main: (979)764-3570     This e-mail and any attachments are intended only for the named recipient(s) and may contain information that is legally privileged,confidential, or exempt from disclosure under applicable law. If you have received this message in error, or are not the namedrecipient(s), you may not retain copy or use this e-mail or any attachment for any purpose or disclose all or any part of the contents to anyother person. Any such dissemination, distribution or copying of this e-mail or its attachments is strictly prohibited. Please immediatelynotify the sender and permanently delete this e-mail and any attachment from your computer and/or electronic devices. Any personalviews or opinions expressed by the writer may not necessarily reflect the views or opinions of Quiddity Engineering, Inc. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for useby the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified thatany disclosure, copying, distribution or taking action in relation of the contents of this information is strictlyprohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived byMimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and moreuseful place for your human generated data. Specializing in; Security, archiving and compliance. To find outmore Click Here. Page 112 of 113 Texas Board of Professional Engineers and Land Surveyors Reg. No. 10046100150 Venture Drive, Suite 100 College Station, TX 77845 979.731.8000 Page 113 of 113