Heated discussion centers on penalty, jurisdictions and wetlands regulations
The Koochiching County Airport Commission held a special meeting Tuesday regarding the future of the proposed hangar development project that was halted last October.
Raymond Strege and Benita Crow of Short Elliott Hendrickson, Inc., the engineering firm contracted to the Airport Commission, reported that project revisions required by the Federal Aviation Administration, moved the project outside its allowable wetland impact area.
They said the permit changes were not properly cleared by the U.S. Army Corps of Engineers, that the original permit must be amended and that they must obtain another permit to account for new acreage in the project.
The issue began in June 2008, when the Airport Commission was told that a 35-foot taxi lane for a proposed hanger area was approved by the FAA. Soon after, SEH said the FAA responded that it would only reimburse for a 20-foot wide lane. SEH said that in August the FAA agreed that it was justified based on the type of aircraft that would use the lane.
The FAA then required a 115-foot setback as a “no-object area” between the hanger and the taxi lane. The original plan had one row of hangers on the south side of the lane. The change meant creating a second row on the north side.
The lane adjustment was also due to perimeter fence and gate requirements imposed by the FAA and the Transportation Safety Administration, according to SEH. This altered the intended use within the original permit area, and moved approximately .81 acres of the project outside the permit area.
SEH reported that the problem was discovered when Kelly Urbanek of the Army Corps permit staff read an account of the Airport Commission August meeting in The Daily Journal. The article stated that the project contractor was looking into “wetlands and storm drainage permits.”
Urbanek reportedly contacted the commission and learned that the statement was not accurate, and that the permits mentioned regarded a storm-water prevention plane. SEH said the project was operating within wetlands permits granted in 2006 by the U.S. Army Corps of Engineers for Runway 13 glide slope work and the hanger development area.
After a site visit, Urbanek reportedly agreed that the project was operating under the permit. However, upon further inspection, she determined that the project had moved outside the allowable wetland impact area.
The Commission halted project work in October. SEH met with the Army Corps on March 3, and was told that because the problem was discovered after the fact by an inspection; a minimum $3,000 penalty would be assessed for not revisiting the original permit request before approving the updated hanger project.
SEH informed the Commission that to continue the project, they must amend the original wetlands permit to cover the portion of acreage outside the allowable area; and apply for and purchase a second wetland permit to cover the .81 acres not included in the original permit.
Once this is completed, SEH said the project could continue under FAA requirements as soon as July, and be completed by the end of the construction season.
There was heated discussion regarding Army Corps jurisdiction, the relevance of wetlands mitigation on the field site, FAA changes and especially the penalty fine. There was also concern about wetlands regulations hampering long-term planning by the Commission.
Commissioners Wade Pavleck and Tim “Chopper” McBride said that it is the responsibility of the Commission to take action on the oversight. However, they disagreed with the fine, as the organization, they said, has acted in “good faith” throughout the entire project.
Commissioner Charles Lepper said that if the Commission had not made a violation, then he would make a stand against the penalty. Even though he disagreed with it on principal, he said the project stands more to lose by fighting the matter.
The motion of Commissioners Lepper and Gail Rognerud passed, agreeing to comply with an SEH request to accept the Army Corps permit orders, and to pay the penalty, with a letter of protest and requesting a meeting to discuss the matter.
Commissioners Pavleck and McBride voted no to the motion. Pavleck was also the only no vote in the Commission’s motion to share responsibility of the fine and the wetlands permit with SEH.
Commission Chair Bob Anderson said he understood and agreed in part with both sides but voted with the Rognerud and Lepper on the SEH request.
The Commission passed a motion to appoint Kelly Henry, an SEH environmental scientist, as its agent to work with the Army Corp to acquire the necessary permits to apply for wetland mitigation acreage.
The next Airport Commission meeting will be held at 8 a.m. on April 29 at the Einarson Flying Service building.
