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Home My WebLink About12/08/2020 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX Meeting AgendaZoning Board of Adjustment *888 475 4499 and Meeting ID: 956 4724 8483Internet: https://zoom.us/j/95647248483 The City Council may or may not attend the Planning & Zoning Commission Regular Meeting. December 8, 2020 6:00 PM 1101 Texas Ave College Station, TX 77840 College Station, TX Page 1 *The City uses a third-party vendor to help host the meeting and if the call-in number is not functioning access will be through the internet link only. 1.Call meeting to order and consider absence requests. 2.Hear Visitors. Speaker Protocol: An individual who wishes to address the Board regarding any item on the Regular Agenda, shall register with the Board Secretary prior to 4 p.m. on the day of the meeting. To register, the individual must provide a name and phone number by calling 979.764.6361 or emailing cderkowski@cstx.gov prior to 4 p.m. To submit written comments to the Board, email cderkowski@cstx.gov and they will be distributed to the Board. Upon being called to speak, an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three (3) minutes. Any speaker addressing the Board through the use of a translator may speak for six (6) minutes. At the (3) minute mark, the Board Secretary will announce that the speaker must conclude their remarks. 3.Agenda Items 3.1.Consideration, discussion, and possible action to approve meeting minutes: Attachments:1.November 10, 2020 3.2.Public Hearing, presentation, discussion, and possible action regarding a height variance to the Airport Zoning Ordinance for the property located at 315 College Main, which is zoned NG-1 Core Northgate. Case #AWV2020-000011 4.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. 5.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. Page 1 of 79 Zoning Board of Adjustment Page 2 December 8, 2020 I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on December 1, 2020 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 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 79 March 3, 2020 Zoning Board of Adjustments Minutes Page 1 of 2 MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting November 10, 2020 6:00 P.M. Internet: https://zoom.us/j/97945007811 Phone: *888 475 4499 and Meeting ID: 979 4500 7811 MEMBERS PRESENT: Chairperson Smith, Howard Mayne, Fred Dupriest, William Pugh, and Rachel Smith. CITY STAFF PRESENT: Molly Hitchcock, Jesse Dimeolo, Leslie Whitten, and Crystal Derkowski 1. Call meeting to order. Chairman Smith called the meeting to order at 6:00 p.m. 2. Hear Visitors No visitors spoke 3. Agenda Items 3.1. Consideration, discussion, and possible action to approve meeting minutes: Member Mayne motioned to approve the meeting minutes from March 3, 2020. Member Smith seconded the motion, motion passed (4-0). 3.2. Discussion of Approved Administrative Adjustments: • AWV2020-000005 The Barracks; 3695 General Parkway; Front Setback (JD) • AWV2020-000007 Tower Point Office Condos; 4438 State Highway 6 S.; Rear Setback (JD) • AWV2020-000008 Popeye's; 2422 Texas Avenue; Parking Setback (JD) • AWV2020-000010 Dunkin Donuts; 12061 FM 2154; Number of Parking Spaces (JD) There was no discussion 3.3. Public Hearing, presentation, discussion and possible action regarding a rear setback variance to the Unified Development Ordinance Section 5.2 'Residential Dimensional Standards,' for the Oakwood Subdivision Block 3 Lots 1-2 and 18’ of Lot 3, generally located at 101 Lee Avenue, which is zoned GS General Suburban and NCO Neighborhood Conservation Overlay.Case#AWV2020-000009 Page 3 of 79 March 3, 2020 Zoning Board of Adjustments Minutes Page 2 of 2 Jesse Dimeolo, Staff Planner, presented the staff report and stated that the applicant is requesting a 16-ft variance to the minimum 20-ft rear setback requirements. There was general discussion amongst the Board regarding the variance request. Chairperson Smith opened the public hearing. Applicant, Kerry Stein, spoke in favor of the variance request. Chairperson Smith closed the public hearing. There was a general discussion amongst the Board. Board Member Dupreist motioned to approve the variance as it will not be contrary to the public interest because the variance does not substantially change conditions that have existed for 79 years with no evidence of being contrary to public interest and with no record of objection of public record the home being at that location. Chairman Smith added that the lot is unique in that is has roadways on 3 sides which makes it difficult to enjoy the substantial property right. Board Member Mayne seconded the motion. Chairperson Smith called for the vote. Motion to approve passed (5-0). 4. 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. 5. Adjourn. The meeting adjourned at 6:29 p.m. Approved: Attest: ______________________________ ________________________________ Mark Smith, Chairman Crystal Derkowski, Staff Assistant Page 4 of 79 Airport Zoning Board of Adjustment Page 1 of 3 December 8, 2020 AIRPORT ZONING BOARD OF ADJUSTMENT VARIANCE REQUEST FOR 315 College Main St. AWV2020-000011 REQUEST: Height variance to the Easterwood Airport Zoning Ordinance LOCATION: 315 College Main ZONING: NG-1 Core Northgate PROPERTY OWNER: Texas District of the Lutheran Church – Missouri Synod APPLICANT: Veronica Morgan, Mitchell & Morgan, LLC PROJECT MANAGER: Jesse DiMeolo, Staff Planner jdimeole@cstx.gov RECOMMENDATION: Approval with the conditions as listed by the Federal Aviation Administration’s (FAA) letters of “Determination of No Hazard to Air Navigation” BACKGROUND: A new, mixed-use building is being proposed at 315 College Main Street, at the corner of College Main and Louise St. The property is approximately one acre in size. At a site elevation varying 349-351 feet above sea level (ASL), the proposed 200-ft tall building will be at a maximum 551 feet above mean sea level (AMSL). As per the Airport Zoning Ordinance for Easterwood Airport, the maximum height of structure at this location may be 469 feet ASL; thus the applicant is requesting a variance of 82 feet to the maximum horizontal height as allowed by the ordinance. APPLICABLE ORDINANCE: Airport Zoning Ordinance to Limit Heights of Objects Around Easterwood Field Airport ORDINANCE INTENT: The purpose of the Airport Zoning Ordinance is to establish clear and unambiguous regulations for the protection of lives and property of users, owners, and occupants of and in the vicinity of Easterwood Field Airport and for the protection of airport operations. Page 5 of 79 Airport Zoning Board of Adjustment Page 2 of 3 December 8, 2020 NOTIFICATIONS Advertised Board Hearing Date: December 8, 2020 Property owner notices mailed: 12 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 Subject Property NG-1 Core Northgate University Lutheran Church and parking lot North (across Louise) NG-3 Residential Northgate The Hudson apartments South NG-1 Core Northgate Public parking garage East (across College Main) NG-1 Core Northgate The Warehouse apartments and parking lot West (across Second Street Promenade) NG-1 Core Northgate The Tradition apartments and parking garage REVIEW CRITERIA According to the Airport Zoning Ordinance and the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from an airport zoning regulation if: 1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship. 2. The granting of the relief would: a. Result in substantial justice being done; b. Not be contrary to the public interest; and c. Be in accordance with the spirit of the regulation and airport zoning. The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the purposes of airport zoning. The applicant has stated that the height variance is needed “to provide the density needed to create a marketable project” and without such variance the economics of the project do not work. The Federal Aviation Administration reviewed the proposal and provided letters of “Determination of No Hazard to Air Navigation” (see attached). These determinations state that, “…the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the Page 6 of 79 Airport Zoning Board of Adjustment Page 3 of 3 December 8, 2020 operation of air navigation facilities” and 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 I. Change 2, Obstruction Marking and Lighting, red lights – Chapters 4, 5(Red), & 12.” The Texas A&M University System and Easterwood Airport Management have reviewed this request and concur with the FAA and recommend that the variance be granted with the conditions of the FAA letters. ATTACHMENTS 1. Vicinity Map, Aerial, and Small Area Map 2. Applicant’s Supporting Information 3. Proposed Building Elevation 4. Federal Aviation Administration Documentation 5. Letter from the Texas A&M University System 6. Letter from Easterwood Airport Management Page 7 of 79 Page 8 of 79 Page 9 of 79 Page 10 of 79 Name of Project: 315 COLLEGE MAIN STUDENT HOUSING PROJECT Address: 315 COLLEGE MAIN Legal Description: BOYETT, BLOCK 5, LOT 11-13 & 15-17 & 38' OF 18 Applicant: MITCHELL & MORGAN Property Owner: UNIVERSITY LUTHERAN CHURCH Applicable ordinance section being appealed/seeking waiver from: Airport Zoning Ordinance height restriction to the Horizontal Surface, Section 4. (3). The following specific variation to the ordinance is requested: Height Variance of 82-feet to the Horizontal Surface for Easterwood Airport. FAA approval is attached. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: A strict application of the ordinance may constitute a hardship in this case since the request does not violate the spirit of the ordinance as described in the ordinance language. Furthermore, the stated purpose of the ordinance is to protect the airspace necessary for the use and operation of Easterwood Airport. Since the FAA has determined that there is no hazard to air navigation in this case, the spirit of the local ordinance has been fulfilled. The following alternatives to the requested variance are possible: None, if the variance is not granted, the project does not work economically. APPEAL/WAIVER APPLICATION SUPPORTING INFORMATION The following special condition exists: The size of the property and existing development surrounding the property make it difficult to provide the density necessary to create a marketable product. Page 1 of 2 Page 11 of 79 The variance will not be contrary to public interest due to: The requested waiver is not contrary to the public interest because the ordinance was established to protect aviation and the public¶s interest in safe air travel. The FAA has determined that the Easterwood Field Airport will not be negatively affected by the proposed intrusion into the horizontal surface. Now that the FAA has made the determination that the building height is not unsafe to aviation, the public¶s interest will not be negatively affected by the granting of the variance. Page 2 of 2 Page 12 of 79 N© RHODE PARTNERS INC. 2020IF THIS DOCUMENT IS NOT SIGNED, SEALED, AND DATED, IT MAY NOT BE USED FORREGULATORY APPROVAL, PERMIT OR CONSTRUCTIONCOLLEGE STATION APARTMENTS11/17/2020PARALLEL CO.BUILDING ELEVATION3/32" = 1'-0"±0"LEVEL 1 - LOBBY / LEASING+15'-0"LEVEL 2 - PARKING+23'-9"LEVEL 3 - PARKING+32'-6"LEVEL 4 - PARKING+41'-3"LEVEL 5 - PARKING+50'-0"LEVEL 6 - PARKING+62'-0"LEVEL 7 - RESIDENTIAL/AMENITY+72'-0"LEVEL 8 - RESIDENTIAL+82'-0"LEVEL 9 - RESIDENTIAL+92'-0"LEVEL 10 - RESIDENTIAL+102'-0"LEVEL 11 - RESIDENTIAL+112'-0"LEVEL 12 - RESIDENTIAL+122'-0"LEVEL 13 - RESIDENTIAL+132'-0"LEVEL 14 - RESIDENTIAL+142'-0"LEVEL 15 - RESIDENTIAL+152'-0"LEVEL 16 - RESIDENTIAL+162'-0"LEVEL 17 - RESIDENTIAL+172'-0"LEVEL 18 - RESIDENTIAL+182'-0"LEVEL 19 - RESIDENTIAL/AMENITY+194'-0"ROOF+200'-0"HEIGHT LIMIT470'-0"352'-0"552'-0"82'-0"VARIANCE REQUESTED200'-0"T.O. STRUCTURE/ALLOWABLE HEIGHTLEVEL 1 - LOBBY/LEASINGPage 13 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11678-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 1 Location: College Station, TX Latitude: 30-37-12.85N NAD 83 Longitude: 96-20-52.21W Heights:350 feet site elevation (SE) 200 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 14 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 15 of 79 Page 3 of 8 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 2020- ASW-11678-OE. Signature Control No: 448535180-455037737 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 16 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11678-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 17 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 18 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11678-OE Building development project located in College Station, TX. Page 19 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11678-OE Page 20 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11678-OE Page 21 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11679-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 2 Location: College Station, TX Latitude: 30-37-12.84N NAD 83 Longitude: 96-20-51.43W Heights:350 feet site elevation (SE) 200 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 22 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 23 of 79 Page 3 of 8 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 2020- ASW-11679-OE. Signature Control No: 448535181-455037738 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 24 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11679-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 25 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 26 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11679-OE Building development project located in College Station, TX. Page 27 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11679-OE Page 28 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11679-OE Page 29 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11680-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 3 Location: College Station, TX Latitude: 30-37-11.83N NAD 83 Longitude: 96-20-50.37W Heights:352 feet site elevation (SE) 200 feet above ground level (AGL) 552 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 30 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 31 of 79 Page 3 of 8 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 2020- ASW-11680-OE. Signature Control No: 448535182-455037705 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 32 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11680-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 33 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 34 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11680-OE Building development project located in College Station, TX. Page 35 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11680-OE Page 36 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11680-OE Page 37 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11681-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 4 Location: College Station, TX Latitude: 30-37-10.86N NAD 83 Longitude: 96-20-51.44W Heights:351 feet site elevation (SE) 200 feet above ground level (AGL) 551 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 38 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 39 of 79 Page 3 of 8 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 2020- ASW-11681-OE. Signature Control No: 448535185-455037735 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 40 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11681-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 41 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 42 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11681-OE Building development project located in College Station, TX. Page 43 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11681-OE Page 44 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11681-OE Page 45 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11682-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 5 Location: College Station, TX Latitude: 30-37-11.13N NAD 83 Longitude: 96-20-51.74W Heights:351 feet site elevation (SE) 200 feet above ground level (AGL) 551 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 46 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 47 of 79 Page 3 of 8 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 2020- ASW-11682-OE. Signature Control No: 448535187-455037739 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 48 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11682-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 49 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 50 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11682-OE Building development project located in College Station, TX. Page 51 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11682-OE Page 52 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11682-OE Page 53 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11683-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 6 Location: College Station, TX Latitude: 30-37-10.15N NAD 83 Longitude: 96-20-52.82W Heights:349 feet site elevation (SE) 200 feet above ground level (AGL) 549 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 54 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 55 of 79 Page 3 of 8 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 2020- ASW-11683-OE. Signature Control No: 448535188-455037734 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 56 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11683-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 57 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 58 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11683-OE Building development project located in College Station, TX. Page 59 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11683-OE Page 60 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11683-OE Page 61 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11684-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 7 Location: College Station, TX Latitude: 30-37-10.84N NAD 83 Longitude: 96-20-53.65W Heights:349 feet site elevation (SE) 200 feet above ground level (AGL) 549 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 62 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 63 of 79 Page 3 of 8 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 2020- ASW-11684-OE. Signature Control No: 448535189-455037740 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 64 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11684-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 65 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 66 of 79 Page 6 of 8 Case Description for ASN 2020-ASW-11684-OE Building development project located in College Station, TX. Page 67 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11684-OE Page 68 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11684-OE Page 69 of 79 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2020-ASW-11685-OE Page 1 of 8 Issued Date: 10/27/2020 David Pierce Parallel Co. 506 W. 7th Street Suite 1 Austin, TX 78701 ** 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: Building Building Point 8 Location: College Station, TX Latitude: 30-37-11.54N NAD 83 Longitude: 96-20-53.66W Heights:349 feet site elevation (SE) 200 feet above ground level (AGL) 549 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 L Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. 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 04/27/2022 unless: Page 70 of 79 Page 2 of 8 (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 November 26, 2020. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted to the Manager of the Rules and Regulations Group. Petitions can be submitted via mail to Federal Aviation Administration, 800 Independence Ave, SW, Washington, DC 20591, via email at OEPetitions@faa.gov, or via facsimile (202) 267-9328. This determination becomes final on December 06, 2020 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 71 of 79 Page 3 of 8 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 2020- ASW-11685-OE. Signature Control No: 448535194-455037736 ( DNH ) Mike Helvey Manager, Obstruction Evaluation Group Attachment(s) Additional Information Case Description Map(s) Page 72 of 79 Page 4 of 8 Additional information for ASN 2020-ASW-11685-OE Abbreviations AGL - Above Ground Level MSL - Mean Sea Level nm - nautical mile Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed building, located approximately 2.36 nm northeast, is within the protected surfaces at Easterwood Field (CLL), TX. This circulation notice for 2020-ASW-11680-OE has the greatest impact and will encompass all studies within the project. The project study numbers are 2020-ASW-11678 thru 11685-OE. At the proposed height, this structure will penetrate these protected airport surfaces: 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. 2020-ASW-11678-OE - Exceeds by 80 feet. 2020-ASW-11679-OE - Exceeds by 80 feet. 2020-ASW-11680-OE - Exceeds by 82 feet. 2020-ASW-11681-OE - Exceeds by 81 feet. 2020-ASW-11682-OE - Exceeds by 81 feet. 2020-ASW-11683-OE - Exceeds by 79 feet. 2020-ASW-11684-OE - Exceeds by 79 feet. 2020-ASW-11685-OE - Exceeds by 79 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 09/15/2020 to 5,167 email responders with zero responses. 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. Page 73 of 79 Page 5 of 8 > 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. > ABSOLUTELY MANDATORY: The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure 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. 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 79 Page 6 of 8 Case Description for ASN 2020-ASW-11685-OE Building development project located in College Station, TX. Page 75 of 79 Page 7 of 8 TOPO Map for ASN 2020-ASW-11685-OE Page 76 of 79 Page 8 of 8 Sectional Map for ASN 2020-ASW-11685-OE Page 77 of 79 Page 78 of 79 Page 79 of 79