eighth judicial district court county of taos state of...

EIGHTH JUDICIAL DISTRICT COURT COUNTY OF TAOS STATE OF NEW MEXICO JOHN T. NICHOLS, DILIA C. MARTINEZ, PHILLIP H. REYNA, ERNEST CONCHA, DANIEL ROMERO, BONITA (BONNIE) S. KORMAN Plaintiffs, vs. No. D-820-CV-2014-00325 BOARD OF COUNTY COMMISSIONERS OF TAOS COUNTY and THE TOWN OF TAOS Defendants

AFFIDAVIT OF ROBERT A. FLETCHER

Robert A. Fletcher, on his oath, states the following:

1. My name is Robert A. Fletcher, principal of Fletcher Aviation Consulting.

2. I have been retained to review certain aspects of the Taos airport crosswind runway

project.

3. A copy of my CV is attached hereto.

4. A copy of my report entitled “Taos Regional Airport Land Use – The need for zoning

actions ensuring compatibility with the airport expansion” is attached.

5. Arriving and departing an airport are critical phases of flight; representing the majority of

aircraft accidents.

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6. Property located within the proposed controlled compatible land use area (i.e. 5 miles

beyond each end of new runway and 1.5 miles on each side of the extended runway

centerline of the new runway) that are not already overflown under the current

operational scenario’s; are at a statistically significant higher risk of airplane accidents

than if the Airport Project is not built.

Further Affiant Sayeth Naught. ________________________ Robert A. Fletcher

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Fletcher Aviation Consulting

Robert A. Fletcher Vice President, Fletcher Aviation Consulting

Mr. Fletcher has over 37 years of air traffic control and management experience. Robert served 27 years with the Federal Aviation Administration (FAA) and held numerous executive leadership positions such as Regional Manager, Facility Manager, Operations Manager, and Operations Supervisor. In addition to his management responsibilities, Robert also worked as an Air Traffic Controller, Traffic Management Coordinator and Military Operations Specialist. Mr. Fletcher’s unique experience covers all three specialties in Air Traffic Control; Enroute, Terminal and Air Traffic Control Tower, which is quite rare. He has immense knowledge in the areas of management, safety, systems, operations, procedures, resource management and human capital deployment.

Mr. Fletcher’s unique experience covers all three specialties in Air Traffic Control; Enroute, Terminal and Air Traffic Control Tower, which is quite rare. He has immense knowledge in the areas of management, safety, systems, operations, procedures, resource management and human capital deployment.

Mr. Fletcher specializes in Air Traffic Control, Facilitation, Management, Safety and Systems. Mr. Fletcher can facilitate your team and/or your stakeholders using focused facilitation techniques.

EXPERIENCE

• Aviation, Management & Safety Consultant • Manager, Denver Airport Traffic Control Tower (ATCT) • Manager, Resource Management Branch, Federal Aviation Administration, Western

Terminal Operations • Specialist, Resource Management Branch, Federal Aviation Administration, Western

Terminal Operations • Operations Manager, Phoenix Terminal Radar Approach Control (TRACON) • Operations Supervisor, Phoenix TRACON • Certified Professional Controller, Phoenix TRACON • Operations Supervisor, Denver Air Route Traffic Control Center (ARTCC) • Certified Professional Controller, Area 3, Denver ARTCC • Traffic Management, Coordinator • Certified Professional Controller, Area 4, Denver ARTCC • Military Operations Specialist, Denver ARTCC • Certified Professional Controller, Area 5, Denver ARTCC • Air Traffic Controller, United States Navy

21122 East Mineral Drive, Aurora, Colorado 80016-1926 +1 720-438-5009 Fax +1 888-505-1243 http://fletcher-aviation-consulting.com

Fletcher Aviation Consulting

EMPLOYMENT / VOLUNTEER HISTORY

• Grand Surf Club, Inc., Board of Directors, ongoing • AUVSI, Rocky Mountain Chapter, Board of Directors, ongoing • Aurora Museum Foundation, Board of Directors, ongoing • Transportation Research Board, Airport Cooperative Research Program, Ongoing • UASpace, 2013 to present • Fletcher Aviation Consulting, June 2009 to present • Arapahoe County, Colorado, Board of Adjustment, Jan 2009 - present • Travois Homeowners Association, Inc., Jan 2009 - present • City of Longmont, Colorado, Liquor Licensing Authority 1993-1995 • Federal Aviation Administration, January 2, 1982 to January 3, 2009 • United States Navy, September 1976 to August 1981, U.S.S. Midway / N.A.S.

Kingsville, Texas

21122 East Mineral Drive, Aurora, Colorado 80016-1926 +1 720-438-5009 Fax +1 888-505-1243 http://fletcher-aviation-consulting.com

Taos Regional Airport Land Use – The need for zoning actions ensuring

compatibility with the airport expansion

Prepared for:

Date: August 29, 2014

Project Name: SKX Land Use 2 Customer: Taos Land, Water and Culture

Contents

Executive Summary ............................................................................................................................ 3

1. Airport Specifics ............................................................................................................................ 3

2. Eminent Construction/Expansion ............................................................................................... 4

3. FAA Land Use Requirements ........................................................................................................ 5

4. The Problem................................................................................................................................... 6

5. Land Use Legislation and/or Action Needed............................................................................... 9

6. Conclusion .................................................................................................................................... 15

21122 East Mineral Drive Telephone 1+ 720-438-5009 Aurora, Colorado 80016-1926 Fax 1+ 888-505-1243

http://fletcher-aviation-consulting.com

http://fletcher-aviation-consulting.com/


Executive Summary An analysis was requested based on possible safety issues raised surrounding land use around Taos Regional Airport, in light of the proposed new Runway 12/30. We bring to bear vast experience in all facets of aviation and pride ourselves on our ability to objectively and without bias evaluate any situation. This integrity is the cornerstone of our business. We believe this expansion has land use and zoning issues that remain unaddressed. These issues are pointed out in this report. The current plan meets the minimum FAA requirements but does not speak to providing for compatible uses in an expanded area of possible impact(s) around the airport. The city and county would be well served to address the adjacent land zoning issues now instead of waiting for non-compatibility issues to create problems in the future.

1. Airport Specifics TAOS Regional Airport SKX (KSKX), TAOS, New Mexico (Data is effective: 07/24/2014 - 09/18/2014)

Latitude: 36-27-29.4 N Longitude: 105-40-20.7 W Time Zone: UTC-7(-6DT) Elevation: 7095 ft. Variation: 11 E (1985)

OPERATIONS Airport Status: Operational Facility use: Open to the public Control Tower: No Air Traffic Control Tower (ATCT) at airport FSS: ALBUQUERQUE FSS (ABQ) Toll Free: 1-800-WX-BRIEF NOTAMs Facility: SKX (TAOS RGNL) Attendance: 0800-1700 Wind Indicator: Lighted Segmented Circle: Yes Lights: SEE RMK, ACTVT MIRL RY 04/22; REIL RYS 04 & 22 - CTAF. Beacon: Rotating, Clear and Green, Sunset-Sunrise Landing Fee: No Fuel: 100LL, A1+ Int'l Operations: Not a Landing Rights Airport, Not an Airport of Entry

COMMUNICATIONS UNICOM: 122.8 MHz Remarks:

CTAF: 122.8 MHz COMMUNICATIONS PROVIDED BY ABQ ON FREQ 122.1R (SANTA FE RCO).

ATIS: None RCO 117.6T 122.1R (ALBUQUERQUE RADIO)

Navigational Aids (NAVAIDS) Type ID Name Frequency Hours Distance Bearing VORTAC TAS TAOS 117.6 MHz 24 Hours 14.5 nm 128.6° Remarks: OPERATIONAL IFR DME PORTION Unusable 020-100 Beyond 30 NM Below 18,000 FT; 260-330 Beyond 30 NM

Below 17,000 FT.

WEATHER ID Type Frequency Phone Distance SKX WX AWOS-3 132.975 MHz 575-758-5663 0.0 nm AXX WX AWOS-3 118.025 MHz 575-377-0526 18.6 nm





SAF WX ASOS 505-474-3117 54.3 nm ALS WX ASOS 135.175 MHz 719-589-5669 59.3 nm

RUNWAYS 04/22

Dimensions: 5803 ft. x 75 ft. Surface Type: ASPH Surface Condition: EXCELLENT Treatment: PFC Runway Edge Lights: Medium Intensity

PCN: Single Wheel: 24,000 lbs. Double Wheel: Double Tandem: Dual Double Tandem:

Runway 04 Runway 22 True Alignment: 56° 236° Traffic Pattern: Left Left Markings: Non-precision instrument Basic Markings Condition: Good Good Latitude: 36-27-13.4566 N 36-27-45.4296 N Longitude: 105-40-50.1948 W 105-39-51.2469 W Elevation: 7048.9 ft. 7094.5 ft. Threshold Crossing Height: 30 ft. AGL Visual Glide Path Angle: 3.3° 3.5° Visual Slope Indicator: 2-light PAPI on left 2-light PAPI on left Runway End Identifier Lights: Yes Yes

TDZE: 7067 ft. 7095 ft. HELIPORTS None CHARTS Chart data valid from 0901Z 07/24/14 to 0901Z 08/21/14. OWNER MANAGER

TOWN OF TAOS JOHN THOMPSON 400 CAMINO DE LA PLACITA 400 CAMINO DE LA PLACITA TAOS, NM 87571 TAOS, NM 87571 Phone: 575-751-2000 Phone: 575-758-4995

REMARKS AVOID OVERFLIGHT OF TAOS PUEBLO WORLD HERITAGE SITE 5 NM EAST OF ARPT. RY 04/22 PARALLEL TWY HAS RETRO-REFLECTORS. RAMP HAS RESERVED PARKING SPOT FOR MEDICAL TRANSPORT HELICOPTER, CLEARANCE FOR 7 FT ROTOR.

2. Eminent Construction/Expansion Bidding processes have begun on the construction of a new 8,600-foot by 100-foot runway (Runway 12/30) capable of accommodating Airport Reference Code (ARC) C-II aircraft. The proposed airfield system complex consists of the runway (able to accommodate aircraft C: Approach speed [121 - 141) knots, II: Wingspan [49 - 79) feet and weighing up-to 60,000 pounds) and full length parallel taxiway; runway lighting; navigational aids (NAVAIDs) for Category I Instrument Landing System (ILS) capabilities; runway safety areas (RSAs) and runway protection zones (RPZs), and associated grading,





drainage, and utility relocations; installation of a Remote Transmitter/Receiver (RTR) located on airport property to allow aircraft operators at SKX to communicate with airport traffic control (ATC) in Albuquerque while at SKX.

3. FAA Land Use Requirements FAA requirements for approval and funding of AIP projects were meet in the EIS and project approval processes. We have concerns about the amount of existing residential properties’ depicted below, the proposed left VFR traffic patterns and possible IFR departures turning left departing RWY 12.

EIS, Appendix T, Figure 4.2.2-1

Couple these concerns with the noise contouring calculations, and subsequent mapping that indicates acceptable levels in all zones associated with the expansion. The only caveat is to obtain avigation easements for the small portions of the Runway Protection Zones (RPZ) as needed. These FAA/Airport zones are clearly documented in the chart below. This presents a classic case of the FAA doing what it is required to do, but the city and county not addressing the surrounding land use issues needing to be modified in support the airport and the future uses that can be accepted in the areas immediately surrounding the airport. The Record of Decision should have triggered immediate actions by the city and county.





ALP Land Use Drawing

4. The Problem Because the FAA has no land use control powers, it is important that local planners are aware of the various, critical safety considerations when siting developments around airports. The development of land uses that are not compatible with airports and aircraft noise is a growing concern across the country. In addition to aircraft noise, there are other issues, such as safety and other environmental impacts to land uses around airports which need to be considered when addressing the overall issue of land use compatibility. Although several federal programs include noise standards or guidelines as part of their funding-eligibility and performance criteria, the primary responsibility for integrating airport considerations into the local land use planning process rests with local governments. The four basic land use categories of land use are residential, public, commercial/industrial and agricultural/recreational. The most concerning issues associated with the proposal are the residential and any non-compatible commercial properties in close proximity to the airport and its traffic patterns, specifically to the southeast of the airport property. Because the EIS and Record of Decision addresses impacts based on noise levels, it accepts that if the noise levels remain within acceptable levels that there is no impact, insignificant and/or acceptable impacts. We take exception to this methodology at SKX in light of the development directly adjacent to the southeast end of the RPZ and extended centerline of the proposed Runway 12 departure corridor





and within the approach surface for Runway 30 along Camino Tortuga and east toward Avenida De Veronica. This is very important since arriving and departing are such critical phases of flight. The graphic below show the dispersal of arrival and departure aircraft accidents in relation to the runway in use (Not at SKX). The area depicted is approximately 5 miles wide and 4.75 miles prior to and 2.5 miles after arrival threshold for arrivals and 5 miles wide and 4.75 miles after takeoff roll begins for departures.

Arrival Accidents Graphic Departure Accidents Graphic

In the graphic below depicts the Environmental Impact Study’s detailed study area for land use in magenta on the following page. It is important to note that the area only extends approximately 1.25 miles from the end on runways 12/30.





EIS, Appendix T, Figure 4.2.2-1

Due to existing land use conditions the possible mitigation strategy of a right turn out for departures off of Runway 12 (not depicted in FEIS), when it is required for departure, would provide the highest level of safety. Additionally VFR pattern traffic utilizing left traffic on Runway 12 as well as Runway 22 should be advised to remain west and north of the landfill to minimize bird strike potential. The residential structures presenting the most concern are outlined in red on the graphic below. Also shown is an approximate right turn out in yellow.

October 2013 Ariel Graphic Oct 2013 Image





It should be apparent that this mitigation is just a possibility for IFR departures and does not resolve the many other issues that drove the compromises reached in approving this airport expansion. We believe that the land use issues need to be looked at strongly by the City of Taos in conjunction with the County of Taos and other parties that may require involvement.

5. Land Use Legislation and/or Action Needed We further recommend that the City of Taos (Airport)and Taos County come together to assume a leadership role in adopting well-reasoned airport compatibility and hazard zoning in and around Taos and the SKX airport.

The most common land use control is zoning. Zoning is an exercise of the police powers of a state or local government which enables that government to designate the uses that are permitted for each parcel of land. It normally consists of a zoning ordinance which specifies land development and use constraints. One of the primary advantages of zoning is that it may be used to promote land use compatibility while leaving the land in private ownership, on the tax rolls, and economically productive. Although most cities and larger towns have zoning authority, it should be remembered that rural areas often are not subject to this remedy, since in many states, counties have only limited (or no) zoning authority. In order for zoning to work effectively it should be based upon a comprehensive plan. This plan must consider the total needs of the community along with the specific needs of the airport. A comprehensive plan defines the goals and objectives of a community and zoning is one of the tools available to the community for implementing that plan. Zoning can and should be used constructively to increase the value and productivity of the affected land. For zoning to be viable, there should be a reasonable present or future need for each designated use. Within its limitations, zoning is a preferred method of controlling land use in noise and safety impacted areas.

What Areas Are Eligible for Zoning

The area that can be zoned for airport compatible land uses is called the “controlled compatible land use area” in other states with legislation addressing Airport Zoning or having an Airport Zoning Act (AZA). An airports controlled compatible land use area is applicable to any instrument or primary runway. An instrument runway is defined as a runway of at least 3,200 feet in length for which there is an existing or planned standard instrument approach procedure. A primary runway is defined as a runway also at least 3,200 feet in length on which a majority of an airport’s operations take place. To be eligible for compatible land use zoning under an AZA, an instrument and/or primary runway must have, or be planned to have a paved surface. These eligibility criteria can, and often do, apply to the same physical runway. Future runways may also be zoned if they are identified on an approved airport layout plan (ALP) or other planning document and meet the above eligibility criteria. A controlled compatible land use area extends 5 miles beyond each end of an eligible runway and 1.5 miles on each side of the extended runway centerline (See the diagram below). These are the maximum limits of the area that can be zoned, not necessarily the limits of the areas that must or should be zoned.





Controlled Compatible Land Use Area

The controlled compatible land use area is significantly larger than the noise compatibility guidelines depicted for SKX in the following diagrams.





In these diagrams relating to noise impacts the “Airport Influence Area” extends approximately 2640 feet (1/2 mile) west of Runway 12 and only extends 15800 feet (3 miles) from the end of the runway. An example (not SKX) of the noise contours in relationship to the airport property and the controlled compatible land use area is depicted in the diagram below.

DNL Contours in context with Airport Property and the Controlled Compatible Land Use Area





The Taos Regional Airport (SKX) controlled compatible land use area, as we are recommending, is depicted in this graphic.

SKX Controlled Compatible Land Use Area





Activities meeting criteria for inclusion in zoning in the controlled compatible land use area are limited to those in the chart below; to the extant practical.

Controlled Compatible Land Use Area Activities

Hazard Zoning The areas that can be hazard zoned are not specifically defined. However, it is generally accepted that the imaginary surfaces described in the applicable sections of Federal Aviation Regulations (FAR) Part 77 are the minimum areas that should be protected under a hazard zoning regulation. This area is depicted in the graphic on the following page.





Note that airport compatible land use zoning under an Airport Zoning Act (AZA) refers to the use of land adjacent to an airport that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of the levels of noise or vibrations or the risk of personal





injury or property damage created by the operations of the airport; and airport hazard zoning refers to the regulation of a structure or object of natural growth that obstructs the airspace required for the taking off, landing, and flight of aircraft. In other words, airport compatible land use zoning protects adjacent property from the airport and hazard zoning protects the airport from adjacent properties. It is our recommendation that at a minimum Taos County institute a moratorium on further building in the County Rural Area Zone along the extended runway centerline, northeast and southwest of Camino Tortuga until it turns northeast bound along is southern end, until such time as an airport zoning plan and map are approved. There appears to be a platted subdivision that would allow building under the Ruways12/30 centerline immediately adjacent to the airport property. The lots east of Camino Tortuga present a higher level of safety but will be subjected to higher noise levels.

6. Conclusion Of course the appropriate entities will need to come together and discuss the issues and the specific items to be included in each type of zoning or regulation. However Runway 12 departures encounter land use issues with a subdivision that would allow building under the Runway(s) 12/30 centerline immediately adjacent to the airport property. This alone should be sufficient reason to assemble the land use stakeholders and address land use without further delay.




eighth judicial district court county of taos state of...

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