# )C-/5-/;LHOLLAND&HART,

Office ofthe ChiefCounsel Attention: Sharon Long AGC- 600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 November 25, 2015 

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Re: Part 16 Complaint: Safer Medical ofMontana and George Ackerson v. City ofFort Benton, Montana, Chouteau County, Montana, and Chouteau County Joint Airport Board Dear Ms. Long: Pursuantto your phone conversation today with Adrian Miller and the requirement in 14 CPR §16.13(c), three copies ofthe original complaint are enclosed. We apologize for the



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### mconvemence. Sincerely, 

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# }--'-~5.-:..S '-Jj Arlene S. Forney Assistant to Adrian A 

### Miller Enclosures
8263285_1

Holland & Hart LLP" Phone [406] 252-2166 Fax [406] 252-1669 www.hoHandhart.com 401 North 31st Street Suite 1500 Billings, MT 59101 Mailing Address P.O. Box 639 Billings, MT 59103"0639 Aspen Boulder Carson City Colorado Springs De11ver DenverTech Cellter Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. W

# HOLLAND&HAKLII!J

VIA CERTIFIEDMAILRETURNRECEIPT REQUESTED Office ofthe ChiefCounsel Attention: FAAPart 16 Docket Clerk AGC- 600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 November 18,2015 Adrian A. Miller Phone (406) 896-4612 Fax (406) 206-0081 AAMiller@hollandhart.com 

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Re: Part 16 Complaint: SaferMedical ofMontana and GeorgeAckerson v. City ofFort Benton,Montana, Chouteau County, Montana, and Chouteau County Joint Airport Board To whom itmay concern: Pursuantto 14 C.F.R. 

### § 16.23, Safer Medical ofMontana ("SaferMedical") and George Ackerson ("Ackerson") (together, "Complainants") file this complaint againstthe City ofFort Benton, Montana (the "City") and Chouteau County, Montana (the "County"), as the sponsors of the Fort Benton Airport (the "Airport"), and the Chouteau CountyJoint Airport Board (the "Board"), as the operator ofthe Airport. All communications withrespect to this complaint should be addressed to: Adrian Miller, Holland & 

### Hart LLP, 

### 401 N. 31st Street, Suite 1500, Billings, MT, 59101, aamiller@hollandhart.com, (406) 252-2166. The undersigned, Adrian Miller, represents Complainants. A. FactualBackground 1. 

### The Cityis a municipality located inMontana and organized and existing under the laws ofthe State ofMontana. 2, The County is a political subdivision ofthe State ofMontana organized and existing underthe laws ofthe State ofMontana. 3. The City and County arejoint sponsors ofthe Airport. The Board manages and operates the Airport. 4. The Airport is located outside the city limits ofthe City with an address of 35 Signal Point Road, Fort Benton, Montana 59442.

Holland&Hart LLP Phone (406] 252-2166 Fax [406) 252-1669 www.hollandhart.com 401 Nortl1 31st Street Suite 1500 Billings, MT 59101 MailingAddress P.nBox 639 Billings,MT 591 03-0639 Aspen BOulder Olrson City Colorado Sp1ings Denver Denver lech Center Billings Boise Cheyenne Jackson Hale Las Vega> fleno Salt Lake City Santa Fe Washington, DC

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# HOLLAND&HART"

# I') November 18,2015 Page2 5. Safer Medical owns a hangar and garage atthe Airport (the "Hangar"). 6. The Hangar sits on land which is owned bythe City, but managed bythe Board (the "Land"). 7. The Board has leased the land to Ackerson, who is the President ofSaferMedical, pursuant to a ten-year lease dated February 1, 2013 (the "Lease"). A true and correct copy ofthe Lease is attached hereto as Exhibit A. 

### 8. The Lease provides for the "privilege orrenewal by mutual agreement ofthe parties hereto." 9. The City and Countyhave accepted grants through the Airport Improvement Program ("AlP") ofthe Federal Aviation Administration ("FAA''), and the Airport is therefore a federally obligated airport. 10. This acceptance ofthe AlP grants requires the airport sponsors to 

### agree to the Airport SponsorAssurances. 11. On oraround December 1, 2013, Complainants initiated aprocess to renovate the Hangar (the "Project"). 12. The City, County, and Boardhad notice ofthe Project from its initiation and throughout construction. 13. Complainants have spent a substantial amount ofmoney onthe Project. 14. Joe Nye, anAirport Project Manager for the Helena Airport District Office ofthe FAA, attended an April 15,2015 Board meeting where the Project was discussed. 15. On May 20, 2015, Mr. Nye sent a letter to the City and County informing them that they were in violation ofcertainAirport SponsorAssurances with respect to the Land (the "May 20th Letter"). A true and correct copy ofthe May 20thLetter is attached hereto as Exhibit 

### B. 16. Among otherthings, Mr. Nye informed the City and County that granting the Lease to Ackerson violated an agreementthat the City and County entered into with the FAA in 1998 (the "1998 Agreement"). A true and correct copy ofthe 1998 Agreement is attached hereto as Exhibit C. 17. According Section II(A)(4) ofthe 1998 Agreement, the City and Countypromised to notrenew leases for sites near the oldrunway located in 

### the Southwestportion ofthe Airport as the leases are given up.

# HOLLAND&HART,.

# IIJ) November 18,2015 Page 3 18. The purpose ofthe 1998 Agreement was to eventuallyprovide for abandonment ofthe Southwest portion ofthe Airport where the Land is located. 19. Complainants had no knowledge ofthe 1998 Agreement. 20. The 1998 Agreement was notrecorded in the Chouteau County Clerk and Recorder's Office. 21. Neither the Board, City, nor County provided any notice to Complainants about the 1998Agreement prior to the Board entering into the Lease. 22. The May 20thLetter identified additional problems with the Project, including the fact that certain features ofthe Hangar appeared to be for non-aeronautical purposes. For example, there was a cabin which "could be occupied for an extended period oftime". 23. There was also a pond onthe Land, which Mr. Nye noted was a non-aeronautical use. 24. Mr. Nye also stated that the public could not be on the property for nonaeronautical purposes. 25. The May 20thLetter suggested that some ofthe features ofthe Hangar, such as thepond, may be able to remain ifthe Airport obtained a non-aeronautical use exemption. 26. However, the Boardwas told by Mr. Nye in-person that a non-aeronautical use exemption would not be given. 27. The Board, upon the advice ofMr. Nye, did not seek anon-aeronautical use exemptionfor any feature related to the Hangar. 

### B. Andy Taylor Hangars 28. Andy Taylor, the owner and operator ofTaylor Aviation, Inc., has several leases for land and hangars on the Southwest portion ofthe Airport, next to where the Hangar is located. 29. Mr. Taylor entered into these leases prior to 1998, and Complainants have been told that his leases are "grandfathered." 30. Mr. Taylor will not have to give up any ofhis leases. 31. As long as Mr. Taylor desires to continuehis business at the Airport, his leases will be renewed.

# HOLLAND&HART~JI!I November 18,2015 Page4 32. Mr. Taylorruns a commercial chemical spraying business out ofhis numerous hangars. Mr. Tayloris also a dealer for Monsanto and sells agricultural chemicals commercially. As a result, large semis are frequently at his hangars acquiring agricultural chemicals. 33. Mr. Taylorhas renovated his hangars throughout the years. Forexample, an apartment is located in one ofhis hangars, which allows for overnight stays. 

### C. OtherAirports in Montana 34. Several other federally obligated airports in Montana allownon-aeronauticaluses withintheir boundaries. 35. Deer Lodge, Montana, has a gravel pit insidethe fence atthe airport. The gravel operation is apparently ownedbyBruceAnderson Construction. 36. Upon information and belief, the DeerLodge City CountyAirporthas not obtained a non-aeronautical use exemptionfor any property oroperation within the airport. 37. The Stanford Airport in Stanford, Montana, has a trailerhouse inside the fence by the runway, inwhichpeoplereside. 38. The Stanford Airport has notobtained a non-aeronautical use exemption. 39. The Livingston AirportinLivingston, Montana, has a single wide trailerhouse right nextto the taxiway. 40. The LivingstonAirporthas not obtained a non-aeronautical use exemption. 41. The Liberty County Airport located inChester, Montana,has a chemical dealer right next to the runway. 42. The Liberty County Airport has not obtained a non-aeronautical use exemption. 43. The Three Forks Airport located in Three Forks, Montana, has houses rightnext to therunway, and these house have large ponds ofwater nextto them. 44. The ThreeForks Airporthas not obtained a non-aeronautical use exemption. 45. Uponinformation andbelief, theHelenaAirport District Office ofthe FAAis aware ofthese uses and features and has neverrequired any ofthese airports to apply for or obtain a non-aeronautical use exemption.

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# ~ D. Efforts at Pre-Complaint Resolution. 

### November 18, 2015 Page 5
46. Complainants worked with the Board to address the FAA's concerns inthe May 20th Letter. 47. Complainants removed a cabin onthe property and altered plans for the Project. 48. Complainants also made promises, in writing, that the Land would not be used for non-aeronautical purposes. 49. In a letter dated June 23, 2015, the Board, with Complainants' cooperation, addressed Mr. Nye's concerns (the "June 23rd Letter"). A true and correct copy ofthe June 23rd Letter is attached hereto as ExhibitD. 50. In the June 23rd Letter, the Boardrequested thatthe FAA allow an exemptionto the 1998 Agreement for the "improperlease" it gave to Complainants so thatthe Board could keep and renew the Lease. 51. In attempting to come to aresolution with the Board, Complainants mentioned several times that many ofthe features thatthe FAA was concerned about with Complainants' hangar equally applies to Mr. Taylor's hangars. 52. For example, Mr. Taylor runs a non-aeronautical commercial business ofselling Monsanto chemicals out ofhls hangars. In addition, Mr. Taylor has an apartment where individuals stay overnight. 53. Despite pointing out these facts, neither the City, the County, nor the Board has ever done anything to ensure that Mr. Taylor is in compliance with the AirportAssurances. 54. In the June 23rd Letter, the Board stated that "the CCJAB [Board] intends to review and evaluate all ofits existingleases to make sure they are compatiblewith appropriate airport operations." 55. To Complainants' knowledge, such areviewhas nevertakenplace. 56. On October I, 2015, Mr. Nye responded and accepted the solutions proposed by Complainants and the Boardregarding the FAA's concerns. A true and correct copy ofthis email is attached as ExhibitE. 54. These solutions includedremoval ofa cabin and alteration ofseveral plans for the Hangar. 58. However, Mr. Nye stated that he "will not provide an 'exemption' to the prior commitmentto extinguish leases in this area."

# HOLLAND&HART,

# ~ November 18, 2015 Page 6 59. As a result, althoughMr. Taylor and all other lessees atthe Airport have leases which are subjectto renewal, Complainants' Lease cannotbe renewed. 60. Although Complainants have spent a large amount ofmoneyrenovating the Hangar, they will be effectively prohibited from accessing orutilizingthat Hangar in the future. E. 

### Violation ofAirport SponsorAssurances i. Assurance22.

61. Assurance 22 is entitled "EconomicNondiscrimination" and states that the airport sponsor "willmake the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes ofaeronautical activities, including commercial aeronautical activities offering services to the public atthe airport." 62. Assurance 22 further provides that "eachair carrierusing such airport (whether a tenant, non-tenant, or subtenant ofanother air 

### carriertenant) shall be subjectto such nondiscriminatory and substantially comparablerules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use ofsuch airport and utilize similar facilities ...." 63. The City, County, and Boardhave violated Assurance 22 by discriminating economically against Complainants. 64. Complainants are subjectto different rules, regulations, conditions, and rentals than other carriers orlessees atthe Airport. 65. Mr. Taylor has several leases which are subject to renewal, and the Boardhas always renewed his leases. In fact, the Board has always renewed any lease when the lessee has requested renewal. 66. Complainants' Lease, although it states that it

### is subject to renewal, cannot be renewed because ofthe 1998 Agreement. 67. Complainants are also subject to different rules, regulations, and conditions regarding use oftheirhangar. 68. Mr. Taylor is allowed to conductthe commercial, non-aeronautical business of selling agricultural chemicals out ofhis hangars. 69. Complainants are prohibitedfrom usingthe Hangar for any non-aeronautical use.

# HOLLAND&HART,

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# J November 18,2015 Page 7 70. The City, County, and Board are aware ofMr. Taylor's commercial business and have done nothing to ensure that the business complies withthe Airport Assurances. 71. Complainants are also prohibited from having any facility where people could stay overnight, and removed a small cabin onthe Land in accordance with this requirement. 72. Mr. Taylor is allowed to have an apartment with sleeping quarters in his hangar. 

### ii. Assurance 19.

73. Assurance 19 states that the airport sponsor will ensure thatthe airport and all facilities "shall be operated at all times in a safe and serviceable condition" and that the sponsor "willnotcause or permit any activity or actionthereon which would interfere with its use for airportpurposes." 74. The County, City, and Board are all aware ofMr. Taylor'suse ofhis hangars to sell agricultural chemicals. Infact, many times there are large trucks onthe Airport at Mr. Taylor's hangars obtaining agricultural chemicals. 75. The County, City, and Board have permittedMr. Taylorto run a commercial, non-aeronautical business at his hangars. 76. To Complainants' knowledge, the County, City, and Board have never informed Mr. Taylorthat selling chemicals at the Airport is prohibited as a non-aeronautical use. 77. Allowing Mr. Taylor to use the Airport for a commercial, non-aeronautical business, which attracts large trucks and otherpublic vehicles to the Airport is aviolation of Assurance 19. F. Result ofViolations 78. Complainantshave been directly and substantially affected by the failure ofthe City, County, and Board to follow the Airport Assurances. 79. Because the Board entered into a Lease with Complainants that stated itwas subject to renewal, Complainants assumedthe Lease would be renewed as every otherlease at the Airport has been. 80. Complainants invested a significant amount ofmoney inrenovating the Hangar based upon its assumption thatthe Lease was subject to renewal. 81. Complainants also conducted certain construction based uponwhat Mr. 

### Taylor has been allowed to do, with the assumptionthatthey would be allowed to have similar features in the Hangar as Mr. Taylor has in his hangars, such as sleeping quarters.

# HOLLAND&HART~'2 November 18, 2015 Page 8 82. The failure ofthe City, County, and Boardto adhere to the Airport Assurances in its treatment ofComplainants has damaged Complainants. 83. The failure ofthe FAA to equally apply itsregulations, particularly its requirement for non-aeronautical use exemptions, to otherMontana airports has additionally caused Complainants damage. Complainants were aware ofand relied upon similaruses in other Montana airports when renovating the Hangar. 

### G. ReliefSonght 84. Complainants requestthat the FAA allowthe Boardto renew the Lease once it expires consistentwith leases held byMr. Taylor, who has hangars onthe same section ofthe Airport. 85. Complainantsrequest that the FAA grant them a non-aeronautical use exemption for the pondonthe Land and for certain features ofthe Hangar, consistent withthe FAA's treatment ofother airport properties throughout Montana.

AAM Enclosures Sincerely, 

# ()dJyJ/'- )"JJ\)\rAdrianA. 

### Miller

# HOLLAND&HART~~
Certificate ofService 

### November 18,2015 Page9

I hereby certifythat 1

### have this day causedthe foregoing complaintto be served onthe following persons atthe following addresses byfirst class mail, postageprepaid, with courtesy copies byelectronicmail: 1. 

### Jordan Crosby, Ugrin, Alexander, Zadick & 

### Higgins, P.C., #2 Railroad Square, Suite B, P.O. Box 1746, Great Falls, MT 59403. Attorney for the City ofFortBenton. jyc@uazh.com. 2. Stephen Gannon, Chouteau CountyAttorney, 1309 Franklin Street, FortBenton, MT 59442. countyattorney19!Zi),gmail.com. Datedthis 18th day ofNovember, 2015.

# HOLLAND&HAKL~J November 18,2015 Page 10
Section 16.13(c} and Section 16.2l(b} Certification I hereby certify, pursuantto 14 C.F.R. 

### § 1613(e), that this filing is based onmy knowledge and information and belief; that this filing is consistent with 

### 14 C.F.R. part 16; that the Complaintis warranted by existing law; thatthis filing is not imposed for any improper purpose such as to harass ordelay. 

### I also hereby certify, pursuant to 

### 14 C.F.R. 

### § 16.2l(b),that substantial and reasonable good faith efforts were made to resolve the disputed matter informally priorto this filing (as discussed inthe body thereof) and there appears to be no reasonable prospectfor timely resolution ofthe disputed. Datedthis 18th day ofNovember, 2015. 

### /---

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**k7JJ,c~-** AdiianMiller

8235636_1' 

# .
CHOUTEAU COUNTY JOINT AIRPORT BOARD

This agreement is mad.e and entered into on



# ~' **~** between the Chouteau County Joint Airport Board, of PO Box



## ~, Fort Benton, Ml' 594.42 1 herein referred to aa 11 BOARDU, and _

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.59!/"i.:Z (full m;riling address) , herein referreci to ao "LBSSl!ll." WITNBSBB'l'H• That the BOAliD for an in oonsid.eration of tha rant& and covemmta he:-:einafter mentioned and to be paid and performed by the 8aid

**~Y** of the LRSSBR, has leased. and by these presents does lGaee unto the LESSRE, the following deeori.bed area of ground,

**to-wit~** Lot 

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## I 1 

## /2 >' 1 

## /1 

## cJ(yf-L"l.'3_,__ ___ _
ae shown on the ALPSCO SUrvey plat dra:wn_ of the '!:'art Henton .1\iroort Municipal Airport and kept on file by the Chouteau County Joint Airport Board. Subject to any existing roadways or taxiways used by other m$Dlhere o£ the public. said roadways and taxiways shall remain open and unobstrtloted at all times ancl available for public ue&. TO HAV8 AND TO HOLD, the above leased premises to the LBSSEE, its administrators and assigns for and during the full (_lf!__) yeare from and after the 1st day of

**~~!,.O~.U.UI.Lf-:----•** -¥.F;J.tiJ.,:J with the privilege of renewal 

### bY mutual agreement of the parties hereto, The leased premiees are leased for aviation enterprise& with the ex.oeption that equipnent us&d for th6 application of ohamioale 1 inoluding ground

**appliaatora~** may be kept on the leased premises, And L8SSEBr for its heirs, exeoutors, administrators and assigns agrees to and with the BOARD, to pay as rent for th& above mentioned premises the- eUil\ of
_ 

### 2 _1hmdre<l :r1 

### Q , no I 1oo - - - - - Dollar& 

## ($-2..70· at) ) per yMr
. · in advanoe on or before January l, of each year for and during the life of this leaoe. The BOARD may allow biannual.

**pa.ymente~** rn that

**event~** th• pa.ymente shall he due January 1 and July ]_ of each year.

**LaSS~~** shall keep and maintain th9 leased premiaes in a reasonably olean and neat oondition at all times, shall keep thQ premiaea in a good state of repair and shall surrender the pr-emises to the BOARD at the expiration of the lease in ae good condition as when received, rea.aonahle 'Wiaar and tear excepted. 

### EXHIBIT page

**~** 

# AIn the event the LIISBllll shall fail to PaY the rent provided for herein within thirty deys of the due date, the LBSBE!l shall h6 in default of this lease and the lease shall be subject to termination. The LRBBilll shall also be in default if upon receiving fifteen days notice in writing of a failure to comply with any of tha te:rms or oonditians of this lea&e, the LESSEE does not OOU'lply with all said terms and oond.iticme. At the end of the fifteen day notice period thie lease ehall be te:l:minated if the LRBBBB is not in full compliance with all of the terms and conditions contained herein. The LBSBBE shall i.mmed.:i.ately vaoate the premisee if this lea•• is terminated ae provided

**herein~** The BOARD aaswnes no liability for the safety of any property LIISBBB may plaoe an eaid pretQisea, nor any loes LBSSliB l!laY suffer by reason of fire, theft or windutorm, or any other oauae, LBSSBR having fully inBpeoted said premises and having hereby agreed to aOOQpt th•m as is and £ully aseum!9d all risks r including

**environments.~** ri.e'k.a 1 attendant upon the us• o£ eaid premises. At all times oovered in the tena:aoy created by thie agreement, LBSBmi: shall he and remain primarily liable for all loss or olaime of 'Whatever nature arising from the operation of or in connection with the u•e of the

**ai~ft** 

### and supporting itema stored by LKSSBB within the l&aaed premises, and LBSSBli: covenants and agrees to indemnify the BOARDt the oounty of Chouteaut and the cities of Fort Benton and or Big Sandy, as the oase may be, and hold them harmless in the event of any suoh loss or olaim. The parties agre• that any member of the BOARD may inspect the lea&ed premises at any reaaonable time to determine if LRSSRB is in oompliano• with the 

### t•rm• of this agreement. LBSSBE further agrees that he will not aseign or sublet his right to the premises :i:n any manner without the written oons*D.t of the BOARD. Any euoh una:uthorized assignment or aubleaee shall automatioally terminate this lease agreement and LI!SBBB "ball be litible to the BOARD for any expeW!Iea, including a reaaonable a.tto:rney 1 & feet mioh the BOARD may inour as a result 

## 0£ any euoh attempted assignment or sublease. That upon the termination of this lease or any rene'WAl thereof the BOJUtD reserves the first right to puroi-t_aee any improvements thareon or in the alternative tha Lli:SSRR may remove LE.SSB&:' s improvements.

**therE~on** within a reasonable time after the termination of said lease or any renewal thereof. Any and all iltlProvementa to be placed on the above deecribed leased premise& are to be a:pproved in writing by the BOARD, and ahall comply with all looal, state, and federal regulations and oodes prior to construction. The LRSSBB agrees to aeeume any and all responsibility for any contamination that may ooour on the leas.ed premiaea 1 including 1 but not limited to 1 the expenses of olean-up and disposal. Any underground tanks located on the leased premises shall meet all state and federal oodes or they shall be removed at the LESSER's expenee.
page 2LESGKB agrees to comply with any rules and regulations prO<nUlgated by the BOARD a& to conatruotion oodee., cleanliness and policing of the leas.ed

**premiaes~** The parties agree that time shall be of the asseno-e of this agreement. In the event that an action 

### ia instituted by either party to enforce the terms, provisions 1 and covenants of this agreement, the auooessfQl party shall 00 antitle.::i to recover their coste, including reaaonabl& attontey 1s fees. incurred in maintaining or defending said action.

sito Lea...., lgr< __ ,_,, page 3U.S. Deporlmsnt of Tronspor1olion

**~ederal** Avlcflon Admlnislra!lon 

### May 20.2015 Daren Schuster. 

### Chairman Chouteau County Commissioners 

### 1308 Frnnklin. P.O. Box 459 Fort Benton. MT 59442 J

### lono1·ahlc Daren Schuslcr: Jdsited !he 

### Fort Bent<lJl 1\irp\>rt

### on Thursday. April 16.

# :w 15 

### to allcnd the 

### Chouteau County Joint Airport Bmml l\1ceting nnd observe the modifications to property lcn5ctl b) George Ackerson. The f'oJiowing

**di~ct1sses** ohst:r\'cd**.dcn~ltlpmcnt!L** nnd outlines the FAA·s**cone~..·ms r~gnrdin£**  compliance with Airport Sponsor
**As~unmces.** The Cily

### ofFort Henton and Chouteau Coun1y acccplcd 

### grants through the 1\irporl 

### lmpn>rcmcnt Progrnm (AlP) for improremcnts mthe Fort Henton airpurl. 

### and Fori Benton Airporl is. Ihcrcfnrc. a federally ohligatcd airpnn. 

### The federal inwslmcnts nt 

### the Fort Benton Aiqmn lhun 198(> 

### through 2014 

### total $2.879..151 ant! the Fori 

### Benion 

### Airpon is plunncJ to 

### rccciw an mlditionul $I.035.0()0 li>rpavement rehaoilitation cllbrl• this year. Acceptance of nn J\JP gr<.mt requires the airpm1

**spnn~nr** ro agree to ccrtnin assurances under the authorizing legislntjOII of

**tJK~** grant prognuns. Iincluded 

### acopy ofthe Airport Sponsor 1\ssurnncc•. \l'hich 

### arc auached l<l 

### each AlP 

### grant application and incorporut!.!d hy rc!Crcncc into all1\lP grunt ag.rt!cmcnts. Adtlillunul 

### infornmtion rcgmding FAA·, compliance 

### progmm can h<: 1\>und 

### in tile FAA 

### Airporl Complinncc Manual. Order

### 5190.6ll. m the wch address listed helm\·: Dul'ing the site

**d~it** 

### it

**hccam~** apparent thai some

# orthe modilicatiom: to the property leased 

### hy Cicorgc

**t\~.:kcrson** may not comply with the Airport Sponsor Assun.mccs. spccillcully assurances: 5. l'rcscn·ing Rights and Powers 6. Consisten9· wifh Locul Plans 19. Operation and Maintenance 

### 20. Hazard 

### Rcmovnl and Mitigation 

### 2l. ('ompalihle Land 

### (Jsc

**2~.** Fcc and 

### Rental Stmcturc 29. Airport Layout l'l;m :\dtlitiom!lfy. the rropo:;cd modi!it:tUions wcrC' noI pnn·idcd to FA:\ fi..1r rc\"icw tlf

**~J!rspucc** und L"l1\'il"()f}1l1Cilli.il impacts pri()f 10 COnStruction. i\S mentioned during lhL'

**b0~1rd Jll~(:ting.**  tht :\irpurt Sptmsor (City ofFort Benton and C'lmutcnu County). ChtHttcauTounty Jnint Airport 

### Board. and the IJelenu ,\irpolis District Oflicc need wwork

**cl\>s~ly** 

### to rrwlve these conccm$. 

# 8Airport SponsorAssurance 5- Prcscn:lngRights and Powers

**r~<Jllircs** that the Spnnsor Il()l take any action which \V()lJid dcprirc them 

### orully rights and p()\\'crs necC"ssnry tu pcrfhrm 

### unr orall ofthe tcnns. contlitions. anJ Hs:-;uranccs ofcun·cm and priorgmnts. Assun:nK·c 5ulsn stales that the Sponsor will promptly acquire. extinguish or mmlif)" any outstanding rights or claims ofright ofothers which would interl"<!rL' with such pcrf(>mmncc 

### by the Sponsor. Further. this
**as:mranc~** states thai the Sponsor 

### will not sell. lease. encwnhcr. orothcr\\'ist.• transfer tir dispt>sc ofany p;trt ofils tide orOlhcrinterests in the propcny shmm '"' !he airpnrt's Exhihit;\ properly map. Bused on my **oh~en·atim1!i** und discussions rcganJing putcmial uses nflhc structures. 

### it <!ppcar:; that impro\·cmcnls to this k<lscd property arc !let up f()r pnssibfc non-aenm;.wlk·al uses. Spt!dfieally the landscaping and

**w~ttcr** fl:atun
.. •. existing hangar tcmmld. ami proposed dcc:k. appear ((1 he SCI tip for ll(lU-aeronaUiicaJ l\SSCIJ1bfy ofpcopJc. ;\dditiunaJiy.

**th~** cabin. com

### hined with ameni1ks in the remodt.•kd

**hang<~r.** could

**h~** oecupied for an extended period of . **time~** Tht.:s!.! IYJJI."S t.lfuscs artl:ct

**th~ ~rnnsor·s**  ability lo comply wilh the gnuH assurances

c..mtlincd bdow, Thcrd(u·c. the Spom;nr may nm be able to meet the terms. cundiliuns. ;.md a.:-;surum.:l..\S orcurrent anti prior grants. 

### whkh \\ould he a\'inlution -t1-f1\ssunmcc 5. Ah'port SponsorAssurance 6- Consistcnc}· with Local Plan require's

**pn>j~c·ts** tu he consisttmi with phms\1-fpuhli<.:.ugc-ndcs I hal are authorized by the Stale in which the

**proj~ct** is located h) plan Jhrthe dcvclnpmcnt 

# orthe area surrounding the airport As discussed during the Chouteau CountyJoint Airport Hoard meeting. as part ofthe !\II'3· ;10-fJOJ0-0.1-1998 Gr:mt Application the Sponsor explicit

**I~·** discussed the 

### use oril>c prc\'ious nirpnr(s: runway as a taxiway and stntcd that ··The CC'Jt\B has ngrccd to not rcnt:w

**lcw~es** 

### ror these sites as they arc g.i\'<:n up.

**Thi~** should C\'Cntuulfypnwidc f{lr Ihe **ab~mclomncnt** ofthe existing site. The CT.It\ll also realizes thm lhc FAA will not participatein any improvements :tt the
**c~isting.** !iilc." We understand thai !he CC.Ii\Bentered inh> a new lcnse wilh Mr. Ackersonutierthe pre\inus kasc expired. This is contmry lo the l9'l8 agreement. \\'cnlso undcrSlanu th;uthc CCJ1\B has foflowcd !he J9()8 agl't.!Ctl1Clll when <l!Jler Jci.IS:CS ha\'C CXpin:J.. f11C'OI1SiSICill HppJicalion of"the. 1998 agreement could he a \"h>lutinn ofAirpo1·t Sponsor AsStmmee 

### 12- Economic Nondi"'riminalion. Airport
**Spon~or** Assurance 19- Opcrntion and Maintenancerequires the Spon:<or In operate aU
**l~tt:ililics** which arc ncccssnry to 

### scn·t:- the 

### t.ll:ronau1icat users 

### orthe airport at ulJ tirm:s in ;:t safC and **:-;~..~n·icr.:uhlc ~.:undition.**  Assumncc 19 

### further requires thnt the Sponsor''ill not permit any aclh'it} or ncti<m \\hich \nndtl intcr!Crc \\ith its Wic forairport purposes. Penni!ling t:OilSII'liCtion ofnonwacrnnautical

**us~ f~tdlitks**  adjacent tn **Ui.:=f()Jl~lttlknl r:Ictliti~s**  c:m n.:sult in unsaiC conditions. t\cccss to ;airport facilities

**b~\** the! gem:raJ puhlic. either in n·hit:le." or nil fh(ll. 

### i:-; it **signilic~lJll** safL·ty cm1ccm. AdJitiomtlly. Hash kfl

**h~hind** ro/lnwing

**puhli~** guthcrings and the larH.lsc<lping anJ water

**!Catun.~** arc potential\\ildlifc nttractnnts can n:suh in wtsnfC conditions. Fimt!ly.

**lht:s~** facilities an: locawd irl

**th~.~** approach

**surfac~** f(lr Runway 5 and
**dt:p:artur~** ,-;mHtcc for Runway

**~3.** :\1\scmbly of

**p~ople** in this om.!a j$ mH ad\'i:->ilbk. l'sl.! of thcst! Htcilitks for non-<.lcmnautical pllhlic !.wrhcring.s h:.1s lht.• polcntinl for creating unsn!l·conditions which \\\ltlld

**h~** o\'iol:ttion

**ofJ\s~urnncc** 19. Creation ofpotentia! wildlife attractams L'<lLJkl nh:;o result in a yiolation ofAssurance 19. _,

**Finally~** as nrl!mindcr, the proposed rnclhnd ofextinguishing leaseholds on the original airport dllCS mH appt:arto ht• occurring as per the J998 agreement. The inh:nt ofthis agreement was t\\o-fhJcl: To bulance prior Sponsorcnmrniuncnts to tenants in the short-tcnn. and to ensure un cftickntairrort configuration would result 

### by transitioning usc to the new airport"s hangar

**nrc~1** as leases expire. Entering into nc\Y

**leas~** agreements and failure to extinguish the existing Jca:-;cs in the an:n of'the old airport has resulted in the continued. ifnot increased.

**nc~rJ** 

### n.1rm1 ineligible 2.9.10 fOnt taxiway which is beginning to !ihnw signs ofrapid deterioration. Although not digihle fi.>r AlP li.mding. the tnxiway is still part ofthe airport infrastructure and

**f~ilurc** to maintain thi.s ta:\iwuy in a safe and. !-icrYiceahle rmmncr would he considered a violation ofAssurance ]9. The taXi\\i.l)' should be planned ll.)rrcmlwul in the future as 

### it is in the Rum\-ay 

### Pwtcctioll Zone 

### ;.mtl passes through the npproach to Runway 5. Airport SponsorAssurance 20 -llnzard Rcrnoyal and Mitigation requires the- Sponsor to take

**ilpproprint~** action lO Jll"OICCI airspat:C JlCCCS!'iHf)' ror Oj)Cfttlions i.ll the airport. Failure tn prevent tl1c c:;;tnhlishmcm or creation

**of~irpt)rl** hazards. such as the potential wildlife tltlractant which may n:sult Ji·om the lumlscaping nnd water li!:.llun:

**i:-~** contrnry hl this nssunu1ec. If

### it is detcrmir1..:d that thcs..: fcaturl!"S r.:rcalc a wildlifc attractant. they wm1!d hen violation ofAssumncc 20. The Sponsor

**i~ rc~ponsihlc**  for ensuring any such fcnturcs me rcmcdicd. Airport SponsorAssurance 21- CompntibkLnnd Usc

**r~quircs** the Sponsor to take

**r~miOmlhle** actions tn ensure land usc in tile immediate dcinity ofthe airport 

### i.s compatible with nnnnal nirport operations. The JcYclopmcnt ofnon-aeronautical usc areas adjact.:llt to acronuuticnl mcas, the cunstruction oflancJsc.o.ping !Caturcs whicl1 rcsuJt in potential wiiJlifc

**altractant~** and the pott..:ntial for long term o<.:cupancy ofth..:o cabin nrc contrary to this Assurance. The- Sponsor is rcspunsihlc f{lr laking any
**rcastnmbi~** action to corrccl existing .situntions.not compatible "ith normal airport opcrntiuns. The Sponsor is also rcspnnsihk ihrtaking_any reasonable action lo ensure that ftumc dcvck>pmcnt!\

**r~rc** compntihk with n<1nnal airport operations. Airp(lrt Sponsor

**Assur.;.1nc~** 2-t- Fee nnd Rental Structurerequires Sponsors to maintain n fee nr1d rcntnl $lfUc1Urt: fllr the ll1cilitics and services at the airport which will rnakl! the airport as sl'!f-sustaining as po%ihlc. Nnn-acmnmrticnl h:ascs {1rnirpm1 property must he appron':d hy the FAA and 11rc rcquir.¢d to he at IUir market \·allh:. at <I minimum. Pcrmilling

**lcns~..:s** for
**non-ucronmnic~ll** uses at less than fair rm.trkct value mlcs i!-1 cnntmry to this Assun.mcc. The Sponsor is responsible ror cnlluming ·existing kasc.s. knsc rates. and pnlpl.!rty uscs to ensure the appropriate JCc and rental stnu.:.ture

is in rlucc. Airport Sponsor Assurance 29- Airpor1 

### La:·out Plan

**r~quircs** the Sponsor to m:tintuin un up to

**t.hll~** Airport l.;tyout Plan (i\I.P) .showing propt:rty houndarics and uses {aL'Tonautic and non-ucronmllic). Thi.s assurance furtht.'r ddines lhc r!.!spnnsiOility lo n.:mcUy chang.t!."i or nhcn.uinns ln airport facilities \\}Jich an: not in conJbm1it) \\ith the appro\"Cd ALP.**~one** 

### of'the pwpcrt)' where the recent ulicmtions ha\'c occt>rrcd has been released lhr nonncmnnutic usc. The Sponsor must obtain F /\A 

### appro\'al to

**rd~ase** 

### property thr nonaemmn>ticalusc. as outlined in Chapter22 

### ofthe FAA 

### Airport Compliance Mnnunl. 

### Order 5190.6R 

### The Sponsoris responsible f(>r ensuring thn1 development 

### on the airport is in confhrnmncc \lith its nppwvcd 

### i\l.I'. Husl!d on the dcvclnpmcnlobser\'ctl. discussiLms regarding potcnlialuscs oftht! structures 

### (including ovcn1ight stays and weddings). and a prel'ious Gr!lnl Assurance ,·iolation resulting Ji·mn 

### un ())l 

### airport hangar 

### being used as rcsitknccllt the Big Sandy Airport. the lldcnn ADO 

### is wry concerned with the recent·and pmpt)scd del'elopmcnts 

### on the prt>perty lensed by Mt·. Ackerson ut the F<>rt Benton ;\irporl. The Sponsor must he 

### uwurc of

### dcwlnpmcnts and impro\'Cillt!nts constructed nn ;tirpol'l propl!11y to ensure cumplh.u1cc \\ith it$ grant

**ussw·uncc~c** FuiJurc to do so <:mild result in a finding of
**nnn~complitmcc** and impuct

**ICd~rul** funding 

### fi1r 1lnun.' impl'<l\'CI1li!nts. 

### Mtachment 

### Ato this lel!crtlisCliSScs the impr<l\·cmcnts to 

### the knscd prnpcrty and includes 

### F/\1\·

### s rccmnm"mJations 

### lix enl:iuring. compliuncc \\ith your gmnl 

### ohligations. Th" llclcnu ADO is willing to 

### work with the Fort Benton Airpo>1 Spm1sors as ncccssury to resolve the 

### issues

**di~cusscd** 

### herein.

**\\~c ~llso**  

### support any cfJbrts tht: Sponsor is '\illing to make regarding cstuhlishmcnt ofor rc,·isi..mto l;ort

**B~nttllf**

### sairporlm1cs anc.J minimum stundards to 

### ensure

**t·onlinu~d** cmnplirmcc with the Airrort

**Spo11~or Assunmcc.~t.**  Please pnwidc me\\ith arcsptmsc 

### lo lhis lctll!r within .t-5 calcnc.lar Uuy!'i cxpluining how 

### the City (lfFurl Benton and Chnutcnu 

### Cnunly plan to addrt.:"ss

**th~~s~** 

### critical issue!-!. Ifyou \\ould lil;c 1<> tliscuss specifics plc<Isc contuct 

### me m(406) 449-5719.

t\irport Proj1..-ct l\fanHg.&:r

**llckn;~** 

### Airport District Oflicc

**r:nclosur~** 

### cc: 

### Russ llnnrutl. Chuirmun 

### CC.IAll (viu cmuil) ltknticull.c!!cr Sent 1n: 

### RidmrJ \lurris. :'.lllyor Cit) of

### Fort llcnlon IcO-l 

### Fn111l Strwt. P.O. Box 8 

### Fort

**Henton.~~** 

### r 59442t\TTAOIMF.NT A The 

### dowlopmoms uhsrndduring tho April 16. 2015 site ,·isit

**includ~d** the hmdscaping watot' 

### Ji:L!tt1re un the hmti.sidc 

### c-ntram:e to

**th~ l~ascd**  

### p>rt)pcrty. the cabin 

### fur HYernight stays 

### b,: tl'ansknt 

### pilots. the Qunnset 

### building CilllStructcd ndjaccn1 

## wthe 

### cxi:;;ting. 

### ha11gar. anti

**th~** 

### ,.,,model work acc<>mplishcd tu the existing lmngar.

**Th~** 

### llclcna /\[)0 is :llso awnre ofa 

### proposal to construct o

### 40 J(lut by 

### 50 fool deck offthe existing hangur. The details associated with each ui'thcsc arc as loll<i\\'S. Landscaning\Vater Fcaturc As shown in theimages bdow
. 

### .nlandscaping walt.!r fcatHre has hccn 

### conr-;tructl!d on the 

### l;111dsidc cntr\' area lo l'v1r. Ackcrson'ti lt.!USI.'! area.

**Th~** 

### arl!a t')fthc wuh.•r 

### li:aturc is 

### appmximatciy 135

**squru·~** 

### yards and crosses th" pmprt1)' access \'in culvct1. At 

### the time (lJ'the 1·isit only a minimalmnount

**oi'wat~r** was present:

**howc\'~r** it

**w~s** apparent that the cunligurati<lll 

### may be 

### planned fill· as a ''

### ntcrlaii/I(,Lmtnin.

This water J'caturc is not shown <lll the 

### npprowd Airport Luyuutl'hm. is unon·acronauticnlusc or

### uerommticul property. the constitlcthm 

### occurred in 

### ad\'uncl.!' ofany

**airspnc~**

### or endromncntnl cntluation. and the fCutufC may rl!sult in a wildlift: 

### aumctant. The proponent ofthe 

### ctmstruction

**pn~jcct** ha}l 

### suhmilh:<.l an **Em·ironm~..·ntal** ('atcgoricul Exdusinn Hmn which is hcing anulyzct.l: howc\'cr no acthm rcg.nnHn,g. an airspace anulysis.

**rclca~c** ofm!ronautical property f(,r non-ncronmllicnl usc. orAirport Luyoul Plnn tAI.P) 

### rc:,·isiun hus 

### hi!cn comme-nced.

**Th~:** lldcnu AJJO recommends that the :\iqwrL Sponsor T\!1110\·c the wnter li:uturc to nvoid dcn!ioping pt11cnti;ll "ildlifcauractantin the approach path 

### nfuin:ran using Runway 05 1::!3. If

**th~** Splmsnr

**dc!oiin.:~** retaining this feature on thl' Hirrort, the foll{\\\lng must tlccur: • Comply wilh any 

### rL'1.Juiremcnls resulting from tht.: F,\,\'s cm·irnnmt.:ntal

**~Yiew.** • ,\ \l'i!Jiil\! llazarJ Site Visit (\\'llS\') cumpkl<'tl h) u
**c~rtili~J** hiolt>gist is m1uiml 

## w uctcnnine compliance with;\(' 150'5100-JJB Jla7ardous Wildlife Anmctants On or Kcor Airpol'ls. • Suhmi1 the 

### results ofthe 

### \\'JISV to the I!elena ADO for'"'ie11. • Should the \\'IISV and lkkna ,\[)() rcl'ic\1 ni'thc analysis indioute that the f'-':llure is in cmnpliancc with AC J**50'5::W0~33B.** complctl!

**~n** airspace mmlysh: StJ other FA:\ lines ofbusiness can rcviL'\\ anti comment nn the: proposed 

### tCaturc and il$ lorntion. o Ifthere arc nn objections fhun the

**air~p~tcc** tlnalysis. the Sponsor mu:-;t rL'tJlll'St a rdcasc llfthe :.m.:a for **non~tlcrnnuutic:al** usc. This procl!'ss \\ill TClJUirc the Sptmsur to drt.:nninc

### the Fair Market Vtduc tFMV) 

### <Ifthe area. !farelease is grunl<d it will include additional prol'isions th:ttthc Sponsor must foliO\\. • If

### the release is grunted. rcYisc the existing lease as **r~tJUircd** 

### lhr nnn-ocrnnamicnlusc und FMV lease rate. • Rcl'isc the 

### AI .I' 

### to show the feature. Witht>tll these steps. this feature would \'iolmc Assurances 1 9,

## :!0.

**~I.** 

### 24. and 29. Cabin for 0\'el'lliglu 

### Stan :\s

**sh~n\n** in the image 

### wthe right. a cuhin has 

### been placed on 

### the leased rropcrty. During discussion ll'ith Mr. Ackerson ami Jim 

## en lura. 

### it wns 

### cxpluincd that the cabin is

### proposed for 

### usl! ns an nn:rnight facility fhr 

### tnmsicnt pilot$. Residential use of

### airport pmpcrty is considered incompatible with airport operations. While we

**l'~cogl1iZ\!** 

### that 

### ccnnin acronauticuluscs ·such us cnnmtcrdul uirtaxi. charter. and medical cn1ctmlion

**ser\'ic~s** · may

**lnw~** a 

### ncc.!d for 

### limited and
**shnrt·L~rm** 

### Oight crew 

### <Juaners for 

### temporary usc. \\C 

### t1rc not awurc nfthis nl!cd 

### at Fort

**B~nlon.** 

### Also. the cabin. combined with umcnitics in the I'Ctllodcktl hangar. could result 

### in an c:xtcnUcd occurmncy. 'l'hc IIelena ADO I'Cconunends that the Airpui'L Sponsor hm·c this stntclurc rcmowd !romthe airport. Otherwise. this slmcture would ,·iolatc Assurances 21 and 29. and possibly Assurance I'J. 

### Quonset lluilding As shown in

**th~ imng~**  lo lhc right. a Quonset building has h\!en

**plnc~!U** on the:

**J~ascd** pnlpt:rt). 

### During discussion with

**~·lr.** !\ck.:rson and 

### Mr. Crlfnm il \\I.IS
**~.:xpJuill(!d** that the
**structur~** Will he used 

### w slorc ain:ruJi rdmcd equipment <l'i \\CfJ as 

### snwllcr aircrnli. The

**Quons~t** hui!ding is JHll :<.htmnon the nppnJ\"I.'d 

### ;\irpnli Layou1 Plm1. the conswuctiun occurn:d in mfnmcc

### nfnn

### yair$pacc or

### cm·imnml.!ntnl c\·aluation.

**Bas~U** 

### nn the proposed usc JcscrihcJ 

### b;. Mr. :\ckersnn and !\·lr.

**0~1** 

### Jura 

### it dn(!s nppcar thai 

### this \\ilIt:<Ji

### nch.k· wilh the ddlnil

### inn ofan **a~mmlutical u.s~**  

### as it 

### pro,·idcs services invol\'ing 

### t)pl.'mtion ofnircrilft or flight support

**t.!ircc·tl~** 

### I'C'Intl'd to uirc:raft opt!rution. I

**h~** proponenl t>i'I he **con~ll'liCiion** prvjccl 

### h"s suhmiucd a l'on11 

### 7460-1 1\oticc oi'Proposed (.'nnstruction to initiate the airspace

**r~\-ic.w** as wt:ll ;as an **EnYimnm~nttd** ('atcgmical I:xclusion fonn "hldtarc htHh

**P~ing nnaly,~J.**  :\llhough no fonnal action
**r~garding** the

**rcquin:~..l** :\irpurt7 

### Layout Phm n"·ision has commenced. the Chouteau County Joint Airport Bonrd indicated that the structure 

### can most 

### likely be included 

### nn the Airport l.ay<Hit Plan update acc<)lllplishcd as part ofthe 21

### 05 pm·cmcnt rehabilitation project. The llclcna 

### ADO rceunuuends that the Airport 

### Sp11nsor evaluate the determination

# ,,rthe airspace and

**~n\'ironmc11tol** unalyscs curr4.!"nlly underway.

**~nsurc** usc remains in cnmplinncc 

### ·with the aeronautical delinitiun. and assuming no mh·crsc findings, proceed with the structllfes inclusion on the next Airportl.nyout Plan update. 

### In 1998. significant 

### All' il111ds were inwstc-d in the new 

### apn>n and hangar taxiluncs 1\ith the umkrstanding that the hangar •trea on the old airport \mUid cwntually he 

### ahmtdoned. The Sponsorhas requested additional AlP limds this year to rehanilitatc the apn111 and hangar

**wxilun~s** 

### developed in I998. FAA 1\ill 

### need to c,·uluatc the usc ofAll' 

### limds for the nc\\ apron untl hangar ta:dJancs

**ifth~** Sponsor is going to C(.111tinw.: lo 

### dc\'dOp the olc.l aiJTIUI1 hangar

**ur~.:i.t.** Exisling llungnrRemodel 

### Based on cYnluntinn 

### ofhistoric

**acri~tl** 

### inmgc5. 

### it docs not appl!ar that the cxistitlg hungnr ll>olprint has been altcr<d: howc,·cr it is apparent that signilicuntmodilicutions 1\1 

### the interit>r ofthe structut'e haw occtuTed. These inclmk a remodeled dining/kitchen urea. refinished aircran storage urcu. mJdition 

### ofapilot Joungc in 

### the raJlcrs ubovc the aircmtl storage urcn. and refinished tonl/snmiJ aircraft storage area. As no changes to the htmgar"s lhot print or 

### dcvations ha\'c nccurrcd, 

### an Airport l.ayout Plan update 

### is not rcquircd.Ju'm•idec/

### no c!umgz.• Ji-tnn aeromwlic fa non-w.•rmumtit· use lJccurs. Remodeled 

### l>iningfKitchen Area: 1\s

### sh<mn in the image to

**th~** 

### right,

**th~** 

### existing building contains uremodeled Dining/Kitchen

**Ar~n.** It 

### is not clt!ar i

## rthis is a

**l~atur~** 

### added tn the fitructun: or if

### it is a rcfur-hishmcnt 

### l)fan cxisting.ICatun:. 'l'hc 

### dining/kitchen area is approximutcly

**~U(l** 

### square feet which composes upproximmdy I

**0'1~** 

### oftho ovcrull 

### building lhntprint. The kitchen exceeds that

**nc~tlcd** for an O\'cmight stay or flight crew resting 

### periml. anc.l lines not appear to b.: wmputiblc with u hangnr"s rt!quircd nc:ronm11ical

**usage~ ~on·**  acrnnauLical usc or long tam nccupancy oflhc 

### i'acility would result in \'iolntions of

**Assurances~**

### I.

**~4** nnd 29. nnd 

### possibly Assurnncc 19. Refinished 

### AircrHfl Storage Area: ,\s shown 

### in thl.! image to the righl. lhl' existing aircratl storage

**arc~1** has hc..:n rcfurhishcd..

**l.hi~** aircraH storage 

### '""" is npproximatdy 2.600 

### squaro f<<t "hich compm;cs approximately 65% nffhe on:rall 

### building lt1otprint.Airemfl storage is nn nerom.lutkal us!!. lltm·c\'er. 

### it nppl!"ars that
**improv.:m~:nts** Wthis

**l~u:i~J** 

### pn>pC11Y nrc setup

### fi>r possihlc
**non-~eronnuticnl** 

### uses gil·en 

### 1hc 

### mawl'ials which hnYc been ust'd in this area. **NoJl-a.~ronnuticul** usc oftlw Jllcility would r('sult in ,·iolations ofAssurunccs 21.24 

### and 29. 

### unJ possibly Assuruncc 19. Pilot Lounge in Rafters: ,\s shtl\\n in 

### lhc

**imag~** to the rig.hl. a ..pilot

**loung~"** has hccn 

### construclcJ inlhc raficrs nflhcuircral\ sl<mtgc area. This Jocs 

### m111nkc up any ufthe building"s 

### foolprint. bul rulhcr uses lhc space arniluhlc 

### in the trusses. Gh·cn I 

### he inl(mnation avuiluhlc 

### for ADO consideration. it is 

### 1101 apparent what purpose the nrcn bcing remodeled 

### will scrw. 

### !I ttppcttrs that improl'cmcnls In this 

### lensed property nrc sci 

### up f(lr possibll' 

### non..**a~·nmauticul** 

### uses.

**~on** 

### ncrormutical use ofthe fadHtv

**C{~uiU** 

### rcs\llt in \'it>lations ofAssunmccs .21. 

### 2..J and 29. and possihly Assurance 19. Furthermore. use ofthe 

### space tls n

### pilot's lounge 

### will increase usc of'lhc old airport hangar

### area. contmry to the 1998 ngrecmcnl. Tool/Small Airrrnfl Storag<· Area: As shtl\lll hl the right. thL' C:\isting shop

**~pace** is i1l l111..• process ofbeing refurbished. This tooJ!smnll aircmtl

**~Wrage** arcn is **approxim~Hcly** I

**~000** .5tjliHI't.:' reel \\hich C0111pt>SL'S approximat-..•l_r

**~5°·o** orthl' 0\CJ'<tll building footprint. Discussions. 11ith \\-fr. Ackerson 

### and 1\fr. 

### O'llara indicated thnl this area is rrnroscd tu ht! usee.] i(lrstorngc ofait·craH tools. aircmn pm1s. 

### und one- small aircraft. (ih·cn

**th~** inJ(mmltion avuilubk fi1r ADO cnusiJcnnit111. it

**appc~m.;** thut this portion oflhc structun: cmnplics ''itlllht! H..:ronautic usc reljuirl!mcnt hll\\'CYcr. the J\f)() is cnnccmcd thut tile nmtcriuls wbieh have hccn used in this

**;;~rei\** nrc not those

**typicnll~** associated\\ith aeronautical

**us~.** l\'orHJcronauticul usc nf

**th~** facility cou!J

**r~suH** in Yiolutions of

**Assuranc~:-;** 

### 21.

**2~** nnd 29. and possihly Assurance 19. Proposed 40 font by 50 forJt Deck: The I!elena ,\DO rccciwd a 7460-1 1\:t>tirc ofl'mposcd ('onstruction mH1 ('atc-goril'nl f:xclusion document for ronslruclinn <i:fa ::.000 squnn:: l(,ot deck offor 1\lr. AckcrNon·!'i

**hang~tr.** Tht:l:-:l' Um:uml..'nts arc bdngcntluulcd for p1Jtcntial airspace uml cndronmcntul impucts. \\'c htli'C 

### been llJ'iscd that the deck "iII he used to shield small nin.:run from mh crsl.' cnvirnnmt..'llta[ conditions: hnwc\·cr

**w~· urt.~**  conccmcd that the

**_prop~lscd** deck's primary purpose is to

**~enc** ns a gnthcring lot:ation fhr mm-nd·nrlmuic::d purposes.

**Non~ acronuutic~1l**  ti$C ofthe fncility n1uld rc:-:ult in \iolntions of:\s!oiuranccs 21. 

### :!..J and

**~9.** and po:-;sihly :\ssur:.u1n' 19.
**Furthi.~nnor~. us~**  of

**lh~:** deck to shelter nircran will

**incr~asc** usc ofth12 old airport hangarnn::n. cnntmQ

**loth~** 1998 agreementrhe Sponsormust idcnlif)' the proposed usc ofthe ovtrnlll'lan_gar so·ucturc (including th.: proposed deck). cnsur(' it complies\\ith aeronautic usc requirements. and cTaluatc the amenities to n:rifyLhey corrc.spond to the Airpm1's minimum standards or arc required J{H perl(mnunce ofoflicbl duties in mnning a FBO. Ifit is found that the hangardues not meet the afbrcmcntionc:d requirements. the Sponsor\\ill he required to lnke t.'OITCctivt! aclions. As outfined 

### nbon!·. non-aeronautical use- ofthis hangar

### wil[result in sc\'Cr;l1 grant assllrancc dolations. which couldjeopardize 1\nurc All' 1\mding orimprowments at the Fori Benton Airport,

# TO: FederalAviationAdministration FAABuilding, 

### Suite 2 2725

### Sk:vway Drive Helena, MT 59602 

# ROBERTPECCIA & 

# ASSOCIATES TRANSMITTALLETTER Date: June 23, 1998 

### Job#: (96-023) 

### Attention: 

### Dave Gabbert Regarding: 

### FortBentonAirport AlP3-30-0030-03

'IRANSMITIEDHEREWITJ:IARE1HEFOlLOWINGITEMS: 

### Hem No. Copies Descr-iption 

### 1 

### 2 

### ApplicationJarFederalFunds, signed by

### Chouteau County & 

### City of 

### FortBenton


# REMARKS: Applicationfor Federal Funds 

### basedon construction costestimates, 

### atyourrequest.

F.IA.tRFORT5\FORTBE.'"i'T\CORRES'PD\9111}(;23DG.lRN

. cc. Chouteau County Commissioners, City of FoHBentoA, Montana Aeronautics & Chouteau County JointAirportBoard 825 CusterAvenue • P.O. Box 5653 " Helena MT • 59604 " Telephone·. (406)447-5000 • Fax: (406) 447-5036 

# I 

# I I I;

<::::. ()MB Anorov;li No. OJ4!!-ml4; ,. APPLICATION FOR FEDERAL ASSISTANCE 

### ' Date Suhmlncd ,June 22. 1998 Applico1n1

**kl~o11tier:** AlP 3-30·0030-03 -· I. TYPE OFSUBMISSION· .< b-\TEREC'J;JVED llY ST:\TE Stnte Applic<Jtlon

**hl~nuiler** Applh:::.uon

**Pre:~pplic:uwn** ';r ' 't.



### lil ('emaruction 

### D Constructiofl 

### D .'!on-Coll.muction 

### D Non-Construction 

# ' DATE RECEIVED BY FEDE!tti.L Fedem! Jdentlflf:r >..(iENCY 5. APPUCANT INFORMATION Legal No.me; OrgnQiza.tionnJ Unit: Chouteau County Commi.ssion & City of

**F~<rt** Denton Chouteau County Joint Airport Board

**AJdte.<;.~** (give city, coumy, state, and zip code): Nrune :11Jd telephooc of !he

**per~on** to be contnc!ed on matters involving Ibis applicntion (give <Ue1l code) Chouteau County Joinl Airport .Bo.e.rd Gail Stensland, Seeretary P.O. Bo:x 205 Chouteau Caunty Joint Airport Board FortBenton. MT 59442 (406) 622·5537 (H) 6. EMPLOYER IDENTIFlCATION NUMBER WIN): 7. TYPE OF APPLICANT·. (enter npproprlute letter ln box) 

# [ 

# l I

- 

# I 

# l I I 

# I I I I I B&C 

# I 8. TYPE OFAPPLlCATJON: A. Stall: H lotlepemJtnt S<ehi.MII Dist 00 Now 0 ContinUJiion 0

**Revi~ion** ll County I

**Sl~lt** Cnn!ntlltd

**Jn~tiiUIIIlll** tl(

**Hlgh~r** karmn!

**C.M~IIICi[)lll** 1

**f'riYal~ UniYci,~IIY** 

**ffRevi.~ion,** enter ttPpropriate le!ter(:;} in

**box(e.~}:** 

### c:::J D,

**Tnwn~h•p** K. lmliM Tribe E. (niU"111Uit 1... lm.llvidu;ll F.

**!nl~munJtlp~l** .VI Pmflt Orglllliuuun A

**Jncrea.~e** Award 8. Decrea<;e Award C.

**!ncrea.~e** Ourn.tion 0 Specutl Dixtmt :"!. Ot!Jcr (SpcciryJ D Deerensll Dut:J.dDI! E. Orher

**(~pecify);** JO. CATALOG OFFEDERAL DOMESTIC 

# lz I0 

# I I 1 

# I 0 

# I 6 

# I 9. NAME OF FEDERAL AGENCY: ASSISTANCE NUMBER; Federal Avialion Administration TITLE: Airport Improvement Program Hell!ll3 Airport Di..sldct Offiee J2. AREAS AFFECTED BY PROJECf

**(citje~, c-otmtie.~,**  **~tnles,** l!tc. J: Jl. DESCRJPTIVETITLE OF APPUCANT'S PROJECT; Stole: Montana 1. AirportLnyout Phm Devdopruent :Z. Envjronmenul Assessment County: Chouteau 3, Land AcquEition City: Fort Benton 4. Construct RunWil.J' S/.13 5. ConstructTaxiways 6. Con.slruct Apron 7. Elec:tric.allmpro1'cments J.J. PROPOSED PROJECT: 1-4. CONGRESSIONAL DISTRICTS OF: StartD!!.tE: September 1998 Ending

**D~te** June 1999 a. Applico.nt Mont.an.ll Fin.t b. Project Mont...na First 15. ESTIMATED FUNDlNG: 16.1S APPLICATION SUBJECTTO REVIEW BY STAlE EXECUTIVE ORDER !2372 PROCESS? !l.FerlernJ 

# ' 1,764,000 a. YESO This **pr~pplicationlnpplico.Jion** wns mode avni.lnble to the srnte executive artier 12372 process for revew on·. b. Applicunt $ 196,000 c. StDte $ Dnte d. Local $ h. NOOO Progrnn is not covered byE.O 12372 0 or progmm hns not been selected by st.ate for review e. Other $ f. Progt1llTI Income $ 11. IS THE APPUCANTDELINQUENTON ANY FEDERALriEBT7 g. TOTAL 

### s L960,00o 0 Yes lf"yes," aunch M explnnntion 11<] No JH rn TIIEilf.ST OFMY KNOWLEDGE AND BELIEFAU .. DATA l:-1 THJS APPLJCATIONIPRE.AF'"PLICA110N ARE'rnVEAND CORRECT" TilEDOCVMENT HAS SEEN DULY AUTHO!UZED BY THE GOVERNING BODY OF TilEAPPLICANTAND TI!EAPPLICAI'<'TWJLL COMPLYWTTH 11-IE ATTACHED ASSURANCES IF TilE ASSISTANCE IS AWARDED. o. Typed Nllfl1e ofAuthorized Representarive

John E. WiU, Chainna.n Ril:hard Morris, Msyol" 

# 4!jr'r

**A?~-re:r1f}omve**

..0 ot Usable PrevJOus Ed1t1 ns N b. Ti1Je Chairman, Chootuu County Commis.sion Mayor, City ofF oTt B1:1nton



# &/LJ~- Authorized forl..oc.a.! Re roducrion p c. TelephoneNuml)cr (406)

**622-;1[1~)** (406) 621-5494

**~-** Date Signed 

### (',/..:5..:5/M Sr.nndard Fon:424 !REV 4--S&) Prescribed byOMB Circuktr A-102 

# I ' 

# I

.DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION OMEI NO, BO-fl0184 ':)' PART II PROJECT APPROVAL INFORMATION SECTION A lliillL:L Does this assistance request require State, local, tegional or other priority rating? _Yes _)LNo itern 2, Does 1his assistance request require State, or local advisory, educational or health clearances? Yes _L.No Item 3. boes this assistance request require clearinghouse -eview in accordance with OMS CircularA-95?

__ Yes _LLNo 1tem 4. 0oes this ·assistance request require State, local, ·egional or other planning approval? Yes _]LNo J!ill]__Q. ts the proposed project covered by an apprOved comprehensive plan? Yes _]LNo ,tern 6. Will the assistance requested serve a federal installation? Yes _X_No 1tem?. Will the assistance requested be on Federal land or installation? Yes _)L No ItemS. Will the assistance requested have an impact or effect on the environment?_Yes _lLNo 

### l!lmJJL W!lf the assistance requested cause the displacement of individual families, businesses, or farms? Yes ---X_ No Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes _LNo FAA Form S100·1 00 (6-73) SUPERSEDES FAA FOAM

**510~10** PAGES 1TIHiU 7 Name of Governing **Body-~-------------­** Priority Rating-------------------
Name of Agency or

Board-------------------- [Attach Documentation) [Attach Comments)

Name of Approving Agency--------------- Date--------------------
Check one: State Local Regional D D 0 LocaHon of plan-------------------- Name of Federal Installation Federal Population benef1tl

**ng~f;:ro=m:-:P;:r::o-;:je::c--:-1**----------
Name of Federal Installation-------------- Location of Federal Land----------------- Percent of Project------------------- See instruction for addBionallnformation to be provided. Number of:

Individuals--------------------- FamHies Business·:e:s--------------------- Farms ____________________________________ __ See instructions for additional information to be provided.

**Page~** 

# I0 EPARTMENT OFTRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMS NO. OH<C209 ' 1 PART II- SECTION C The Sponsor hereby represents and certifies as foHows:

1, Compatible Land Use. -The Sponsor has taken the following ae1ions to assure compatible usage at land adjacent to or in the vicinity of the airport: There is- currently no .zoning in ef1ect on the rands adjacent to the airport. Although zoning is difficult to enact tn Montana, the Sponsor understands the importance of compatible land use and wiJJ do everything within their powerto ensure compatibility.

2. Defaults. -The Sponsor fs not in default on any obliga!lon to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None

3. Possible Disabilities
.. There are no facts or circumstances (lncludlng the e)(istence of effective or proposed leases, use agreements orolher legal instruments affecting use of !he Airport or the existence of pending Uligaiion or other legal proceedings) which in reasonable probabilily might make it impossible for lhe Sponsor to carry out and complete the Project or carry oullhe provisions o1 Part Vol this Application, either by limiting its legal or financial ability or o1herwise, except as foltows; None

4.

**Land.~** (a) The Sponsor holds the following property interest in the lollowing areas of land- which are to be developed or used as part of or in connecllon with the Airport, subject to the following exceptions, encumbrances, and adverse Interests, all of which areas are identified onthe aforementioned property mapdesignated as Exhibit "A'': See Exhibit 11A 11 Property Map attached to this grant application. (Will be updated at conclusion of project.) Currentrya
**Righi~Of~Way** agr&ement has been signed by the landowner,committing to the saleo11he property necessary for the construction ofthe runway.

· State character of property interest in each o.rea and Ust and identifi.jfor each all exceptions, encumbrances, and adverse ;,nterests of every kirtd andnature, including liens, easements, leases, etc. The separate areas ofla..ndneedonly be identifiEd here by the area nwnbers shown on theproperty ma.p. FAA Form 51 00-10D {4--76)

**Pag~:** 3aDEPARTMENT OF TRANSPORTATION· FEDERAl AVIATION ADMINISTRATION PART II· SECTION C (Continued) The sponsorfurther certifiesthat the above is based on atitle examination by a qualified attorney ortitle company and that such attorney or title company has determined that the Sponsor holds the above property interests.

(b) The Sponsor will acquire within a reasonable time, but jn any event prior to the start of any con:Struction work under the Project, the following property interest in the following areas ot land* on which such construction work is to be performed, a!l of \r\lhich_areas are ldentffie-d on the aforemenHoned property map designated as Exhibit "A'':

(c) See Exhibit "A" Property Map attached to this grant application. Also, see attached written land purchase agreement between Sponsorand landownerwhose property is beingacquired.

The Sponsor will acquire within a reasonable 11me, and if feasible prior to the completion of all construction work under the Project, the following property inleresl in the following areas of land' which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Pmjec1, al! of which areas are Identified on the aforementioned property map designaled as Exhibit "A": None

5. Exclusive Rights, -There is no grant ot an exclusive right for the conduct of any aeronautical activity at any airport owned or controlJed by the Sponsor except as follows: None

**~** State character of property interest in each area and list Wld identifyfor each all exceptions, encu.mbrwlces, Qlld adverse [nterests q.f every kindaru:i nat:u.re, ir1LcWding liens, easements, leases, ere. The separate areas qflandneedonly be identified. here by the areanumbers shown on theproperty map. .':::.AA Form 5100-1 oo (4-76) Page 3bJJ.E:PAH.T.\IENT OF TR;\NSPORT,\1'l0N-FF.DERAL ,\VfATION ADMINISTRATION OMB NO

**~D** ROJS4 

### ' 

## ' ' 

## .' PART III- BUDGETINFORMATION- CONSTRUCTION SECTIONA • GENERAL I. Federal Domes(lc

**As~i:aance Cat<:~** log No.,, .. 

## ... .... ,,, ' ' ... ..... 2. Functional or Orher Breakoul ... '" -· 

### .. .... 

## -· ... ... .. ,. ' -- ' 20-106 

### SECTIONB
- CALCULATION OFFEDERAL GRANT Use only for revisions 1'otai Cost Classitlcation Liltesr Approved Adjustment Amount Amount +or(-) Required I. Administrotive expense ($115,953 ltl!ld, SJT,003 ALP, $19910 EA. 614 rnird $ $ $48,480 2. Preliminaryexpense 3, Land, structures. right ofway $105,000 4, Architectural eng:iner.ring basic fees $85,080 5, Other architectural engineering fees (lndependenl Fee Review) $1,000 6, Project inspection fees (Estilru!ted) $85,000 7. Land development 8. Relocation expenses 9. Relocation pfiymenl.'i to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $1,635,440 12. Equipmem 13. Miscellaneous 14. TotaJ (Lines I through J3) $1,960.000 15. Estimared Jnc:ome (ifapplicable) 16, Net ProjectAmount (Line J4 minus 15) $1,960,000 17, Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amount (ExcludingRehabiUtat:ion Grants) $1,960,000 20, Federal Share requested ofline 19 $1,764,000 2). Add RehabHitation Grants Requested (JOO Percent) 22, Total Federal grant requested (Lines 20 & 21) $1,764,000 

## n Grantee share $196,000 24. Other shares 25, Tola1 project (Lines 22.23 & 24) $ l $1.960 000

. F'AA Fotm51()0-100 (6-73) SUPERSEDES F'AA FORM 5100-10

**J>ag~** I Ti-JRU 'IilEP 't.RT\ff:"NT OF TR.\NSPORTATJON-FF.DgR,\I AVl,'t.TION r\0\!fNISTRATlON OM B NO HO RGUi4 I 

### SECTION C -EXCLUSIONS 

### '' 

## ' ' 

## '**Clo.ssitic~uion** Ineligible for Excluded from Participmion Contingency Provision 26 I I) 12) a. $ $ b. c. d,
e. f. I P, $ $ 

### SECTIOND- PROPOSED METHOD OFFINANCING NON-FEDERAL SHARE Z7. Grantee Share a, Securities b. Mortgages c. Appropriation {By Applicant) d, Bonds e. T11x. Levie (and StateLoan- $14,000) $136,000 f. Non 0.1sh g. Olher {Explain) (State Grant) $60,000 h.**TOTAL~** Grantee share $196,000 28. OtherShares
a. State b. Other c. Total Other Shares ; 29. TOTAL $196,000 

### ' SECTIONE- REMARKS

1) FortBenton Airport (A.I.P. 3-30-0030-03) Plans and Specifications 2) Standard DOT Title VI As.surances (See Attached).
PART IV PROGRAM:NARRATIVE (Attach- See Instructions)
FAA F{lnn 5JOO.l00 {&-73) SUPERSEDF.5 FAA FORM 5100-10 Page; I THRU 1 

# '"''•• 'l
ITEM 1.

2. 

# '·

4.

5. 

# "·

5b. 

# l i Sc. FORT BENTON AIAPOATJMPROVEMENT$ A.I.P. 3-30-00JG-03 DetaUed Breakdown of PreliminafY Co.sl Esllmates OESCA!PTION AIRPORT lAYOUT PLAN

**D~VELOPME"t<if** {TASK ONE}

**---~·-··---~~---.-·-··--···-··········-···~-** ENGINEERING SERVICES 1 LS TOTAL (TASK ONE): ENVIRONMENTAL ASSESSMENT (TASK TW"D) 

# ___...

### _ ..____, ········-----·-

### ...... EA ENGINEERING SERVICES I LS EA PUBliC HEARING NOTICE 1 LS roNSI AVAILABLE ADVERTI-SEMENT 1 LS TQTAL (TASKTWO)! LAND ACQUISITION (TASKTHREE} 

## ----···--·····-------..

### --·····------

# ..·-----· APPRAISAL 1 LS REVIEV\1 APPRAISAL 1 LS NEGOTIATION 1 LS LEGAL LAND SURVEY 1 LS FEEACOU!SITION {APPROX 216 AC) 1 LS ENGINEERING SERVICES 1 LS TOTAL (TASK THAEE): AIRPORT DESIGN (TASK FOUR)

**···~---····----·------.·····-··------------·~·-·-···** ENGJNEERJNG SEfWICES 1 LS INDEPENDENT FEE REVIEW 1 LS TOTAL (tASK FOUR); AIRPORT CONSTRUCTION (TASK FIVE) 

### ·----·--·--·--·..**·--··-·····---··---~---·~-~-"** CONSTRUCT RUNWAY

**5~75'** X 43.Clo1 EXCAVATION AND I:MBANKMENT 72:.000 CY JNSTAll18" A.C.P. ·ClASS 1fl 150 LF PREFAB GEOCOMPOSJTE EDGE DRAJN 8,760 LF Ffl

TEA FABRIC J6,606 sv SUB-BASE COURSE (B') a,1ao cv CRUSHED AGGREGATE BASE COURSE (4') 4,090 CY SlnJM!NOUS PRIME COAT 52.5 TON BITUMlNOUS SURFACE COURSE (3') fi,210 TON ASPHALT CEMENT 20R 435 TON PAVEM8ff MARKINGS d,515 SF RUNWAY SAFETY

**AR~A** MARKERS 22 EA TOPSOIL, SEED, FERTILIZE, & MULCH BO ACRE TOTAL CONSTRUCT APRON {APPROX. 13,600 S'(} EXCAVATION AND EMBANKMENT 7,200 CY FILTER FABRIC 1.9,500 sv SUB-BASE COURSE (B'l 3,020 CY CRUSHED AGGREGATE BASE COURSE (4') 1,SHl CY B!'n.JMfNOUS PRIME COAT 20.0 TON BITIJMJNOUS SURFACE COURSE (3') 2,355 TON ASPHALT CEMENT 20R HiS TON TJE-DDWN ANCHORS flO EA COALTAR PITCH EMULSION 100 GAL PAVEMENT MARKINGS 2,330 SF TOPSOIL, SEtD, FERTILIZE, & MULCH iO ACRE TOTAL: CONSTRUCTTWO •JUG HANDLE'TURNAROUNDS (APPROX. 4 1600 S::!) INSTALL 1B' R.C.P.- ClASS Ill '200 LF FILTER FABRIC

**~,602** SY SUS.BASE COURSE (8') 1,025 cv CRUSHED AGGREGATE BASE COURSE (4') SiD CY BITUMINOUS PRIME COAT 6.5 TON BrTUMINOUS SURFACE COURSE (3") 755 TON ASPHALT CEMEm 20A 55 TON PAVEMENT MARKINGS 930 SF R8'ROREFLECTIVE TAXIWAY M.4.RKEAS 40 EA TOPSOIL, SEED, FERTILIZE,&. MULCH S ACRE TOTAL; $1 1,00:'3.26 LS $11,003.26

**·--·-···-~-~-** $11,00:3,215 $19,809.98 LS $i9,809.98 $50.00 LS $50.00 $50.00 LS $50.00
....



# __________ 519,909..9.!1 $1,100.00 LS $1 ,100.00

$500.00 LS $600,00 $2,780.00 LS $2,780.00 $3,500.00 LS $3,500.00 Sl05,000.00 LS $105,000.00

$9,472.81 LS 39,472.61

**---·~-·-···--·--·**

**$12.2,~!i2.Bi** $85,060.00 LS $85,080.00 $1,000.00 LS ,ji1,000.00


## -----............

# __ $86,0&0.00

$3.00 CY $2"16,000.00 $50.00 LF $7,500.00 $4.50 LF $39,420.00 $i.oo SY $36,80&.00 $15.00 CY $122.700.00 $?5.00 CY $102,250.00 $250.00 TON $13,125.00 $27.50 TON $170,775.00 $2toO.Oo TON $104,400.00

$1.50 SF $6,862.50 $150.00 EA $3,300.00 $800.00 ACRE $4a,oav.oo $671.138.50 $J.OO CY $2\,ilOO.OO $1.00 SY $'13,600,00 S15.00 CY $4s,aoc.oo $2.5.00 CY $37,750.00 $250.00 TON $5,000.00 $2.7.50 TON $64,762.50 $240.00 TON $39,600.00 $150.00 EA $9,000.00 $45.00 GAL $4,500.00 $1.50 SF $:3,495.00 SBOO.OO ACRE $B,DDO.OO

**~252,607.50**
$50.00 LF i10,000.00 $1.00 sv :$4,602.22

**~15.00** CY $15,375.00 $25.00 CY S12,750.00 $250.00 TON $1,625.00 S27..SO TON S20,762.SO S240.oo TON $13,200.00

$1.50 SF $1

**,:l~SJlO** $50.00

**~A** S2,000.00 $800.00 ACRE $4,000.00 $65,709.7'2FORi BENTON AIRPORT IMPROVEMENTS A.I.P, 3·30·1303:0*03 DelaHed Breakdown of 

# '. Preliminary Cost Esurnates REVISED; 22-Jun-98 iTEM DESCRIPTION 1nern9tb!e ctJSIS CONSTRUCT CONNEC11NG AND HANGAR ACCESS 50. IAX!WAYS (APPAOX. 3,005 SYJ INSTALL iS' R.C.P.- CLASS Ill 200 LF $50.00 LF $10,000.00 FILTER FABRIC 3,005 SY $!.00 SY $3,005.22 SUB-BASE COURSE {8") 670 CY $15.00 CY $10,050.00 CRUSHED "-GGREGATE BASE COURSE (4'/ 335 CY $25.00 CY $8,375.00 BITUMINOUS PRIME COAT 4.0 TON $2.50.00 TON $1,000.00 anuMINOUS SURFACE COURSE (3') 490 TON $27.50 iON $13,475.00 ASPHALT CEMfNT20R 35 TON $240.00 ION $8,'100.00 PAVEMENT MARKINGS 820 SF $1.50 SF $1,230.00 

# I R!:TRCREFLECTIVETAXIWAY MARKERS 12EA $5o.oo EA $600.00 TOPSOIL, SEED, FERllUZE, & MULCH 5 ACRE $800.00 ACf:\E $4,000,00 TOTAL;

**~60,135.22** 5a. ELECTRICAL IMPROVEMENTS TOWER .AND BEACON 1 LS $10,000.00 LS $10,000.00 MED.INTENSITY AUh:'\\'f--"UGHTJNG SYS. 1 LS $130,000.00 LS $130,000,00

RUNWAY liGHTS TKRESKOLO LIGHTS EQUIPMENT ENCLOSURE POWER SUPPLY REGULATOR CONTROLS PRECISION APPROACH PATH INDICATOR($) 2EA $14,000.00 EA $28,000,{)0 GUIDANCE SIGN(S) SEA $1 ,SOO.DO EA $7,500.00 WIND CONE AND SEGMENT€0 CIRCLE 1LS $12,000.00 LS $12,000.00

**TOTAL~** $187,500.00- 51. SECUAITYMIILDLIFE FENCE REMOVE EXISTING. FENCE 1,1DOLF $1.00 LF $1,100.00 INSTALL 7 FfWILDLIFE FENCE 19,1.50 LF $5,00 LF $95,750.00 INSTALL 3-STAAND BARBED WIRE FENCE- INELIGIBLE 5,400 LF $3.00 LF $16,200.00! INSTALL VEHICULAR GATES <EA $1,000.00 EA $4,000.00 TOTAL: $100,850.00 5g. CEME:TEIW ACCESS ROAD I RIOCONFIGURE AWTOTW EXCAVATION AND EMf3ANKMENT 3,690 CY $3.00 CY $11,070.00 PULVERIZE ASPHALl

RUNWAY 15,945 SY $1.00 SY $15,9<15,00 APRON & TAXIWAY 2,160 SY $1.00 SY $2,160.00 PLACEMENT OF PULV. ASPHALT BASE (B'} 2,460 CY $5.00 CY $12,;,oo.w PAVEMENT MARKINGS 1,000 SF $1.50 SF $1,500.00 RETROREFlECTIVE TAXlWAY MARKERS 32 EA $50.00 EA $1,600.00 TOPSOIL, SEED, FERTILIZE, & MULCH 4 ACRE $800.00 ACRE $2,800.00 TOTAL: $47,375.00 5h. OTHER TOPSOIL, SEED, FERTILIZE, & MULCH 25 ACRE $800.00 ACRE $20,000.00 ACCESS ROAD (8' PULVERIZED ASPHALT MATERIAL} 475 CY $15.00 CY $7,125.00 POWER LINE MARKERS 6EA $500.00 EA $3,000.00 RELOCATE FUEL SYSTEM· INELIGIBLE 1 LS $5,000.00 lS $5,000.00 TOTAL: $30,125.00 Si, CONSTRUCTION MANAGEMENT ' ENGINEERING SERVICES (ES1) 1 LS $85,000.00 lS $65,000.00 

### II TOTAL: $85,000,00 

# l Sj. TUAF CROSSWIND RUNWAY SELECT SEED, FEAT!ltZE. & MULCH - lNEUGIBLE 4 ACRE $800.00 ACRE 53.200.00 

# I RUNWAY MARKERS INELEIGIBLE SDEA $40.00 EA S1 ,200.00 TOTAL: S4,'IOO.Oo

# j
., 

# l

**--------~-··-···----··j** TOTAL (TASK FIVE): S1 ,72(l.440.95 $25,600.00

**~**

**~** 

### J PROJECT COST I:STlMATE $1,959,1;!87.00 l PROJECT FEDERAL SHARE (90%) S1,7S3,89B.30 so.oo PROJECT LOCAL

**S~ARE** (1 O"f,) Si9s,sea.7o S25,600.QO

**r...,.""'tl"""l>o""~""P'''""''-'**

# .. ' Fon BentonAirport lmpravemerzr Project AlP 3- 30-0030- 03 

### FORTBENTON AIRPORT IMPROVEMENTS FORTBENTON, MONTANA PART IV.PROGRAM NARRATIVE L DESCRIPTION OF AIRPORT The Fort Benton Airport is located on the northern outskirts ofFort Benton, Montana in Chouteau County. The current airport property lies within Sections 12 and 13 ofTownship 24 North and Range 8East. The existingrunway is 3,400-feet long, 75-feet wide, paved, and has a 4122 orientation. North ofthe runway towards the 4 end is an irregularapron ofapproximately 3,620 square yards with multiple access points. The runway has medium-intensity lights along its full length. Thethreshold lights are approximately 96-feet from the 4 end, butthe threshold is displaced 300-feetin the otherdirection from the end ofthe pavement. AtRW 22, the threshold lights are approximately 110-feet from the end of the runway and it is also displaced a distance of 350-feet. The airport is not equipped with glide slope indicators on either end ofthe runway. An 2,000-foot long turf taxiway is north east of the paved runway on leased ground. Its orientation is essentially east-west There is a somewhat improved area leading from the end ofRunway 22 along extended centerline to the west end ofthe turfrunway. Other facilities and items on the airportpremises include: one lighted and one unlighted wind cone, a rotating beacon, aircraft hangars, major aircraft repair services, and 1 OOLL (low lead fuel). 

### II. PROPOSED IMPROVEMENTS Proposed improvements to the FortBenton Airportincludethe following: L Airport Layout Plan Development. 2_ Environmental Assessment, 3. Land Acquisition. 

### 4. ConstructRunway 5/23_ 5. ConstructTaxiways. 6. ConstructApron. 7. Electrical Improvements.
Apj;licationforFederalAssistance I' 

## '.

A. DESCRIPTION OF PROJECT I. Aif]lort Layout Plan Development FortBentonAirporrlmpro\•emem Projecr AlP3- 30- 0030- 03

The Chouteau County Joint Aif]lortBoard (CCJAB) completed a MasterPlan I Site Selection Study in 1989. That document recommended relocation ofthe llirport facilities to the nearby abandoned mlJitary reservation. The existing airport site ranked last among six sites considered at that time. The CCJAB chose not to undertake construction on the recommended site at thattime for vnrious reasons including relocation costs ofits current facilities. Currently, land adjacent to the existing airport has become available. The CCJAB wanted to investigate the possibility of expanding to the northeast onto adjoining property. The FAA recommended the CCJAB complete a preliminary Airport Layout Plan (ALP) to submit for FAA consideration. The CCJAB contracted with Robert Peccia and Associates of Helena, Montana to complete the preliminary ALP. This task was completed with only local funds, but with FAA coordination. 2. Environmental Assessment Subsequentto FAA final comments on the ALP, the CCJAB showed its commitment to improving the safety at the fort Benton Airport by undertaking and Environmental Assessment (EA) and Land Acquisition for the adjacent airport site, with only local funds, The EA was completed and coordinated with the FAA. The process followed the required environmental documentation and notification procedures. A Finding of No Significant Impact (FONS!) was issued by the FAA in November of 1997. 3. I and Acquisition With relatively minorconcerns brought forth by theEA, the CCJAB undertook acquisition ofthe land necessary for construction of new facilities north and east ofthe existing airport, Again, this was coordinated with FAA and completed with federal guidelines to ensure future government panicipation. This work was again funded 

### by local dollars only. Robert Peccia and Associates coordinated the land acquisition process. Richard Cassutt of Fort Benton performed the initial appraisal ofthe property the CCJAB wanted to acquire. Marvin Nelson of the AARM Group in Helena, Montana performed the review appraisal and Ed Waldhauser of Dubray Land Services in Billings, Montanaprovided the negotiation services. At thetime ofthis Application, the land is in the final phase. The completion ofthe legal land survey, the filing ofthe Certificate ofSurvey and the signing ofthe Certificate ofTitle are the last remaining steps to the completion ofthe land acquisition process. 1l1e Owner has a written buy-sell agreement with the landowner (see attached) and anticipates having cleartitle within the next month, Application for FederalAssistance 2

# ..

4. Cgnstruct Runway 5/23 Fort

**Be~ton** Airportlmprovemef2l Project AlP3 · 30. 0030. 03

The existing runway pavement is quite oJd. It is somewhat oxidized and othenvise weathered and cracked. To accommodate existing hangar lease sites, the CCJAB wished to use a portion of this runway width as a taxiway to the new runway. TheCCJAB has agreed to not renew leases for these sites as they are given up. This should eventually provide for the abandonment ofthe existing site. The CCJAB also realizes that the FAA will nor participate in any improvements at the existing site. Therunwayproposed on the ALP will initially be constructed to alength of4,300-feet and 75-feet wide. This will providefor 95% ofthe small aircraft fleet. The preliminlli}' indication is that the soils in this area consist mostly ofsands and sandy loam wi.rh an estimated CBR value of3. For the small aircraft fleet the pavemem section thickness would be 16 inches oftotal thickness (-3" asphalt & - 4" crushed aggregate base course & -

**~"** subgrade material). Completion of the geotechnical investigation will help to refine this estimate. "Jug-handle turnarounds" at each ofthe runwayends are also proposed as part ofthis project. They greatly enhance safety between incoming and departing nircr;tft They can also be used in the future as connection points for parallel taxiways. 5. ConstructTaxiways. TheAircraftApproach Category B and Airplane Design Group II on Fort Benton Airport's ALP warrants 35-foottaxiways. The initial construction phase will likely only incorporate a connection taxiway near mid-field to the proposed apron and one section ofa hangaraccess taxiway. Parallel taxiways and additional hnngar access taxiways are shown as future developments for the Fort Benton Airport. Design ofthe proposed improvements will be such that future improvements can easily be incorporar.ed. (ie..overall site drainage for theentire facility will be considered in the initial design, etc.) The connecting taxiway from the west (existinghangardevelopment area) will consist of35-feet of the existing runway pavement. The remainderofthe existingrunway pavementwill bepulverized, transported and placed as base/surfacing course for a new access road to the FortBentonCemetery. 6. Construct Apron As with the taxiway, the apron has been designed with future conditions in mind. The ALP shows the area ofapron proposed for this project. Italso shows the area anticipated as potential future apron expansion. Theproposed apron would be approximately 13,220-square yards. Itwould provide for twenty (20) tie-down positions. Gravel road access to the new apron will be provided off the existing County Road, a distance of approximately 550 feet. AppLicationfor FederalAssistance 3'·) ''I Fort Bemor1 AirportImprovementProject AlP 3 , 30, 0030 , 03 7. Electricallmprovemems InstaLlNew Rotating Beacon andBeacon Tower Theexistingrotating beacon (12- inch) has been adequate for this airport. However, the beacon is north of the existing apron area and needs to be located in an area in closer to the proposed developments to avoid confusing pilots not familiar with the Fort Benton airport. Because ofthe age and condition ofthe existing beacon, it is proposed to install a new beacon ( L801A) and steel tower at the location indicated on the ALP. InstailnewMedium Intensity Runway Lighting (MlRL) System Under this project, a new lighting system is proposed to provide for night operations at the airport. The existing system will be abandoned with surface fixtures removed and stockpiled for the Owner's use as spare parts or donations to other airports. The new MIRL system will be radio and timer controlled with a photocell which will be installed in ucan-and-duct system. InstaLlnewRetrorejlective Markers along Taxiways,andApron. The edge ofall pavement areas beyond the runway, will be delineated by retroref!ective markers (blue stakes). Install PrecisionApproach Path Indicators (PAP!) Another feature proposed for inclusion in the construction project are glide path indicators. These devices are used 

### by incoming pilots for guidance on their ver1ica1 position relative to the ground as they approach the runway. PAPI's are included for both the Runway 5 and Runway 23 approaches. This improvement will provide the airport with the latest in glide slope equipment which is easy to checkl maintain and adjust. Install Lighted Guidance Signs As perFederal Aviation Administration (FAA) recommendations, a lighted "HOLD" sign will be placed on the east side ofthe taxiway that connects the runway with the apron. As the airport grows, orifadditional taxiways become part ofthis project, guidance signs 

### will be used at strategic points, 

### as recommended, to aid pilots not familiar with the airport. Lighted Wind Cone andSegmented Circle Anotherimportanttool used bybothincoming and departing pilots is a wind direction indicator. This projectproposes to install a new wind-cone assembly at mid-field across from the apron. To enhance the safety ofnighttime operations, this wind cone also needs to be lighted. A segmented circle will ApplicarionforFederalAssistance 4 

### I 

# IFort Benton AirporrlmprovementProject AlP3 · 30 · 0030. 03 be incorporated to help pilots locate the wind-cone from higheraltitudes.
B. :viETHOD OF ACCOMPLISHMENT I. Site Preparation This item will consist ofthe grading ofareas under and adjacent to theproposed development. The grades have been designed to be compatible with existing, proposed, and future development while providingproper drainage. Before beginning the grading, any salvageable topsoil will be removed and stockpiled so it can be replaced afterthe grading and paving operations are completed. The graded material will be moved by motorized eanhmoving equipment (scrapers. bulldozers, dump trucks, etc.) and compacted by conventional methods, The contractor will be required to construct haul roads un the project site nnd to maintain them to minimize dust. Excess material not required for this project will be disposed of on the airport property, if possible, or hauled off site if not possible. 2. paving The new pavement section will include a compacted subgrade, compacted subbase and crushed aggregate base course. and bituminous surfacing. The existing paved runway area will be reconfigured into a taxiway, but notfurther improved. The base coun;e will be placed and compacted by dump trucks and/or belly dumps, rollers, and motor patrols. All paving operations will be performed with a paving machine and rollers. 3. Pavement Markinrs Shortly after the paving operation, the pavements will then be marked with FAA specification white and yellow paint and be applied at a half-application rate. After the bituminous surface has been allowed to cure, the runway, connecting taxiway, and apron will again be marked at ahalfapplication rate to coverany bleeding that may have occurred. The markings will bein accordance with FAA Advisory CircularNo. 150/5340-IF. 4. ElecLrica! The electrical items proposed are enumerated above, They will be FAA approved fixtures and installed by FAA and manufacturerrecommendations. Trenchingfor the cablewill beaccomplished utilizing a motorized trenching machine. Cable will be placed in the trench inside duct in all cases. Application for FederalAssistance 5 

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# iFort BentonAirporr ImprovementProjecr AlP 3- 30- 0030 •03 Afterplacement ofthe duct and cable, the open trench will be backfilled and compacted. Installation of all electrical items will be in accordance with FAA Specifications and with manufacturer's recommendations. 5. Drainage Installation ofdrainage structures and/or ditch lines will be accomplished during the gradingphase ofconstruction and priorto the placement ofpavement. Drainage will be designed to suit the natural drainage ofthe area, and seeding

# wm be done to assure effective erosion control. 6. Seeding and Fenilizlnfr Afterthe grading has been completed, the stockpiled topsoil will be spread overall areas that have been disturbed during the construction process. These areas will then be seeded. fertilized, and mulched in accordance with local practices and per the properFAA specification to provide a grass cover that is recommended for and compatible with the area. Seeding mixtures which ure equivalent to the native and Conservation Reserve Program grasses will be used.

Application for FederalAssistance 6'

**~1** Forr Be.nron Airportimprovement Project AlP3
- 30- 0030 · 03 

### s.:r.ANDARD DOT TITLEVI ASSURANCES Chouteau County and the City ofFort Benton (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), itwill complywith Title VI oftheCivil Rights Act of 1964 (42 U.S.C. 2000d

**~)** 

### and all requirements imposed by 49 CFR Part 21, Nondiscriminationin Federally Assisted Programs ofthe Department ofTransportation-- Effectuation ofTitle VI ofthe Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground ofrace, color, or national origin, be excluded from participation in, bedenied the benefits of, orbe otherwise subjected to discrimination under any program oractivity for which the applicantreceives Federal financial assistance and will immediately take any measures necessary

. to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees

concerning this grant that: 

### !. Each "program" and "facility" (as defined in Section 2l.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements ofthe Regulations. 2. Itwill insert the clauses ofAttachment 1ofthis assurance in every contract subject to the Act and the Regulations. 3. WhereFederal financial assistance is received to construct a facility, or part ofa facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. WhereFederal financial assistance is in the form or for the acquisition ofreal property or an interestin real property, the assurance shall extend to rights to space on, over, or under such property. 5. It 

### will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered intoby the Sponsorwith otherparties: (a) for the subsequent transfer ofreal property acquired orimproved with Federalfinancial assistance under this Project; and (b) for the construction oruse ofor access to space on, over, or under real property acquired orimproved with Federal fmancial assistance under this Project.

Application for FederalAssistance 7 

# I 

# I I I'f '" FortBenron Airpori Improvement Project AlP 3- 30-0030 03 

### 6, This ilssurance obligates the Sponsorfor the period during which Federil.l financial assistance is extended to the program, exceptwhere theFederal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer ofthe following periods: (a) 

### the period during which the property is used for a purpose for which Federal financial assistance is extended, orfor anotherpurpose involving the provision 

### ofsimilarservices 

### or benefits; or b) the period during which the Sponsor retains ownership or possession ofthe property. 

### 7. It will provide for such methods of administration for the program as are bound by the Secretary ofTransportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, sub-grantees, contractors, subcontractors, transferees, successors in interest, and otherparticipants ofFederal financial assistance under such program will comply with ali 

### requirements imposed or pursuant to the Act, the Regulations, and this assurance. 

### 8. It 

### agrees that the United States has a right to seekjudicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration ofand 

### for the purpose ofobtainingFederal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and otherparticipants in the Project. The person or persons whose signatures appear below are authorizedto sign this assurance on behalfofthe Sponsor.

Dated: /,-

# J.J
-

# Zf

Application for FederalAssistance 

### John

### E.Witt, Chairman Chouteau County Commission



### Richard Morris,Mayor City 

### ofFortBenton

8

# .' Forl Bemon AirportImprovement Project AlP3- 30- 0030 -1}3 

### CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance ofthis contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 

### I. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of 

### the Department of Transportation (hereinafter, "DOT") Title 49, Code ofFederal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by 

### reference and made a part ofthis contract. 2. Nondiscrimination. The contractor, with regard to the workperformed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention ofsubcontractors, including procurements ofmaterial and leases ofequipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B ofthe Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. 

### In all solicitations eitherbycompetitive bidding ornegotiation madeby the contractor for work to be performed under a subcontract, including procurements of materials or leases ofequipment, each potential subcontractor or supplier shall be notified by the contractor ofthe contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds ofrace, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall pennit access to its books, records, accounts, other sources ofinformation, and its facilities as may be detennined by 

### the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required ofacontractor is in 

### the exclusive possessionofanother who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts ithas made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions ofthis contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
Applicationfor FederalAssistance 9' 

# . Forr BentonAirport lmprovemenr Project AlP3-30-0030-03 a. Withholding ofpayments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination. or suspension ofthe contract. in whole or in part. 6. Incorporation ofProvisions. Thecontractor shall include the provisions ofparagraphs 1through 5 in every subcontract, including procurements ofmaterials and leases ofequipment, unless exempt

### by the Regulations or directives issued pursuantthereto. The contractor shall take such action with respect to any subcontract orprocurement as the sponsor orthe FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction. the contractor may request the Sponsorto enter into such litigation to protect the interests ofthe sponsor and, in addition, the contractor may request the United States to enterinto such litigation to protect the interests of the United States. 

### #

Applicarionfor FederalAssistance 10Fon BentonAirporr Improvement Proje.cl AlP 3-30-0030-03 

### CLAUSES FOR DEEDS. LICENSES. LEASES, PERMITS OR SIMILARINSTRUMENTS ATTACHMENT2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsorpursuant to the provisions ofAssurances 5(a) and S(b): 1, The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case ofdeeds and leases add "as acovenantrunning with the land") thatin the event facilities are constructed, maintained, orotherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for whichaDOTprogram oractivity is extended orfor anotherpurposeinvolving the provision ofsimilarservices or benefits. the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposes pursuant to 49 CFR Pan 

### 21, Nondiscrimination in Federally Assisted Program of the Department ofTransportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case ofdeeds and leases add "as acovenant running with the land") that: (I)

### no person on the grounds ofrace, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities, (2) that in the construction ofany improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds ofrace, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department ofTransportation, and as said Regulations may be amended.

ApplicationforFederalAssistance 11Fort BenronAirport !mpro\'ementProject AlP3-30-0030-03 

### CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best ofhis or herknowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to 

### anyperson forinfluencing orattemptingto influence 

### an officer oremployeeof

### any agency, aMember of Congress, an officer or employee ofCongress, or an employee of a Member ofCongress in connection with the awarding ofany Federal contract, themakingofany Federal grant. the making ofany FederaJ loan} the entering into ofany cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. " Ifany funds other than Federal npproprioted funds have been paid or willbe paid to any person for influencing or attempting to influencean officer oremploye.e ofany agency, aMember ofCongress, un officeroremployee ofCongress, or an employee ofaMemberofCongress in connection with this Federal contract.

**grant~ loan~**  or cooperative agreement, the undersigned shnll complete and submlt Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards ntall tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made orentered into. Submission ofthis certification is a prerequisite for making or enteringinto this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnotlessthan $10,000 and not more than $100,000 for each such failure. 

# ,f!fL-z;Jza John

### E. Witt, Chairman ChouteauCounty Commission

RichardMorris,Mayor City ofFortBenton Application for FederalAssistance. Dated: 

### 1;/~&f9

12

### "
A. General. ASSURAL"'CES Airport Sponsors



### 1. These assurances shall be complied wilh 

### inthe performance ofgrant agreements for airport development. airpon planning, and noise compatibility program grants for airport spO[!SOTS. 2, These assurances are required to be submitted as pan ofthe project application bv sponsorsrequesting funds undertheprovisions ofTitle 49. U.S.C.. subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control ofa public-use airport; the term "private sponsor" means a private owner ofa public-use airport; andthe term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance ofthe grant offer

### by the sponsor. these assurances are incorporated in and become part ofthe grant agreement. B. Duration and Applicability. 

### 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances ofthe grant agreement shall remain in full force and effectthroughout the useful life ofthe facilities developed orequipment acquired for an airport development ornoise compatibility program project. or throughoutthe useful life ofthe project items installed within a facility under a noise compatibilityprogram project, but in any event notto exceed twenty (20) years from the date ofacceptance ofa gram offer ofFederal funds for the project. However, there shall be no limit on the duration ofthe assurance against exclusive rights or the tenns. conditions and assurances withrespect to real property acquired with Federal funds. Furthermore, the duration ofthe CivilRights assurance shallbe specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a·Private Sponsor. Thepreceding paragraph 1also applies to a private sponsorexceptthat the useful life ofproject items installed withina facility orthe useful life ofthe facilities developed or equipment acquired under an airport development or noise compatibility program project shall beno less thanten (10) years from the date ofacceptance of Federal aid for theproject. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the giant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34in sectionC 

### apply to planningprojects. Theterms, conditions, and assurances ofthe grant agreement shaH remain in full force and effect during the life oftheproject.
Airport Assurances (5/97)

### Executive Orders: Executive Order 11246- Equal Employment Opporruniry1 Executive Order 11990- Protection ofWetlands Executive Order 

### 11998
- FloodPlain Management Executive Order 12372- 

### Intergovernmental Review ofFederal Programs. Executive Order 12699- Seismic Safety ofFederal and Federally Assisted New Building Construction! Executive Order 

### 12898
- Environmental Justice Federal Regulations:
a. 

### 14 CFR Part 13
- Investigative and Enforcement Procedures. b. 14 

### CFRPart 16- 

### Rules ofPractice For Federally Assisted Airpon Enforcement Proceedings. c. 

### 14 CFR Part !50- Airponnoise compatibility planning. d. 29 

### CFR Part I
- 

### Procedures 

### for predetermination ofwage rates.I 3



### e. 

### 29 CFR Part 3 

### -Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.! f. 

### 29 CFR Part 

### 5
- Labor standardsprovisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to nonconstruction contracts subject to theContract Work Hours and Safety StandardsAct).l g. 41 

### CFR Part 60- 

### Office ofFederal Contract Compliance Programs, Equal Employment Opponunity, Department ofLabor (Federal and federally assisted contracting requirements).1 

### h. 49 CFR Part 

### 18
- Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 1. 

### 49 CFRPart 20- New restrictions on 

### lobbying. 

### J. 49 CFRPart 21 - 

### Nondiscriminationin federally-assisted programs ofthe Department ofTransportation- effectuation ofTitle

### VI ofthe Civil Rights Act of 1964. 

### k. 49 CFR Part23
- Participation byminority business enterprise in Department ofTransportation programs. 

### L 49 CFR Part

### 24- Uniformrelocation assistance andreal property acquisition for Federal and federally assisted programs.! 2 m. 49 CFRPart 27 -Nondiscriminationonthe basis ofhandicap in programs 

### and activities receiving orbenefittingfrom Federal financial assistance. 

### 1

Airpon Assurances (5/97)n. 

### 49 CFRPart 29
- Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants).

### 5
3. Sponsor Fund 

### Availability. It has sufftcient funds available for that ponion ofthe project costs which are not to be paid by the linited States. 

### Ithas sufficient funds available to assure operationand maintenance ofitems funded underthe grant agreement which it

### will own or control. 

### 4. Good Title
a. It

### holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, or

### will give assurance satisfactory to the Secretary that good title will be acquired. 

### b. Fornoise compatibility program projects to 

### be carried out on the propeny ofthe sponsor. it holds good title satisfactoryto the Secretary to that portion ofthe property upon which Federal funds 

### will be expended orwill give assurance to the Secretary that good title will be obtained. 

### 5. PreservingRights and Powers a. It

### willnot take orpermit any action which would operate to.deprive it of anyofthe rights and powers necessary to perform any or all ofthe terms, conditions, and assurances in the grant agreement withoutthe written approval ofthe Secretary, and 

### will act promptly to acquire. extinguish or modify any outstanding rights or claims ofright ofothers which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwisetransfer ordispose ofany partofits title or other interests in the property shown on ExhibitA to this application or, for a noise compatibilityprogram project, thatportion of theproperty upon which Federal funds have been expended, forthe duration ofthe terms, conditions, and assurances in the 

### grant agreement· without approvalbythe Secretary. Ifthe transferee is found by the Secretary to be eligible underTitle 49, United States Code, to assumethe obligations ofthe grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall

Airpon Assunm<= (5/97) 

### insenin the contract ordocument transferring ordisposing ofthe sponsor's interest, and make binding upon the transferee all ofthe terms, conditions, and assurances contained in this grant agreement.

### 8. Consultation with Users. Inmaking a decision to undertake any airport development project under Title 49, United States Code. it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location ofan airport. an airport runway, or a

10. 

### major l1lllway extension, it has afforded the opportunity for public hearings for the · purpose ofconsideringthe economic. social, and environmental effects ofthe airport or runway location and its consistencywith goals and objectives ofsuch planning as has been carried out bythe community and it shall. when requested by the Secretary, submit a copy ofthe transcript ofsuch hearings to the Secretary. Further, for suchprojects. it has on its management board either voting representation from the communities where the project is located orhas advised the communities thatthey havetheright to petition the Secretary concerning a proposed project Air and Water Quality Standards. In projects involving airport location. amajor runway extension, orrunway location it will provide for the Governor ofthe state in which the project is located to cenify in writing to the Secretarythat the project 

### will be located. designed, constructed, and operated so as to complywith applicable air and water quality standards. In any case where such standards havenot beenapproved and where applicable air and water quality standards have been promulgated by 

### the Adminisrrator of the Environmental Protection Agency, certification shall beobtained from such Adminisrrator. Notice ofcertification orrefusal to certify shall be provided wi1hin sixty days after the project application has been received by the Secretary. 1!. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995. for the replacement orreconstruction ofpavement at the airport. it assures or certifies that it has implemented an effective airport pavementmaintenance-management program and it assures that it will use such program for the useful life ofany pavement constructed, reconstructed orrepaired withFederal financial assistance at the airport. [t 

### will provide suchreports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. Forprojects which include terminal development at a public use airport, as defined in Title 49, ithas, onthe date ofsubmittal ofthe project grant application, all the safety equipmentrequired for certification ofsuch airpon under section 44706 ofTitle 49, United States Code, and all the security equipmentrequiredby rule orregulation, and has provided for access to the passenger enplaning and deplaning area ofsuch airport to passengers enplaning and deplaning from aircraft otherthan air carrier aircraft.

Airpon Assurances l5/97) 1.

## ,, 9 16. Conformity to Plans and Specifications. 

### It

### will execute the project subjectto plans. specifications. and schedules approved by the Secret:U:.', Such plans. specifications. and schedules shall be subminedto the Secretaryprior to cornmencemem ofsite preparation. construction, or otherpenormance underthis gram agreement. and. upon approval oithe Secretary, shall be incorporated into this grant agreement. Any modificationto the approved plans,

**specificatio~s,** and schedules shall also be subjectto approval ofthe Secretary, 

### and incorporated into the grant agreement. 17. Construction Inspection and Approval. Itwill provide and maintain competent technical supervision at the construction sitethroughout the project to assurethatthe work conforms to theplans, specifications, and schedules approved by the Secretary for the project. 

### It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary, Such regulations and procedures shall require such cast and progress reponing by the sponsor or sponsors ofstich project as the Secretary shall deem necessary. 18. Planning Projects. In carrying outplanningprojects:
a. 

### Itwill execute the project in accordance with the approved program narrative contained inthe project application orwith the modifications similarly approved. b. It will furnish the Secretarywith such periodic reports as required penaining to the planningproject and planning work activities. 

### c. Itwill include in all published material prepared in connectionwith the planning project 

### a notice that the material 

### was preparedunder a grant provided by the United States. d. It

### will make such material available for examination bythe public. and agrees that no materialprepared with funds under this project shall 

### be subjectto copyrightinthe United States or any othercountry. e. It 

### will give the Secretaryunrestricted authority to publish, disclose. distribute, and otherwiseuse any ofthe material prepared in connection 

### with this grant. f. [t will grant the Secretarytheright to disapprove the sponsor's employmentofspecific consultants and their subcontractors to do all or anypart ofthis project

### as well 

### as the right to disapprovethe proposed scope and cost ofprofessional services. g. [twill grant the Secretarytheright to disapprove the use ofthe sponsor's employees to do all oranypart ofthe project. h. Itunderstands and agrees thatthe Secretary'sapproval ofthis project grant orthe Secretary's approval ofany planning material developed as part of this grant does not constitute orimply any assurance orcommitmenton thepart ofthe Secretary to approve any pending orfuture application for a Federal airpon 

### grant. Airpon Assurances (5197)11 

### 21. CompatibleLand Use. It will take

**;~ppropriate** 

### action. including the adoption ofzoning laws, to the extent reasonable. to restrict the use ofland adjacent to orin the immediate vicinity ofthe airport to activities and purposes compatible withnormal ailllort operations, including landing and takeoffofaircraft. In addition, ifthe project is for noise compatibility program implementation, it will not cause orpermit any change in land use, within itsjurisdiction, that will reduce its compatibility, with respect to the airport, ofthenoise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination.
a. It

### will make its airport available as an airport for public use on reasonable terms and withoutunjust discrimination. to anyperson. firm. or corporation to conduct orto engage in any aeronautical activirv for furnishing services to the public at

### the airport. b. In any agreement. contract, lease, or other anangement under which a right or privilege atthe airport is granted to any person. firm. or corporation to 

### conduct or to engage in any aeronautical activity for furnishing services to thepublic at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on areasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractormaybe allowed to make reasonable and nondiscriminatory discounts, rebates, or other similartypes ofprice reductions to 

### volume purchasers. c. Each flxed-based operator at the airport shall be subject to the samerates. fees, rentals, and other charges as are uniformly applicable to 

### all other fixed-based operators making the same or similar uses ofsuch airport and utilizing the same orsimilarfacilities. d. Each air carrier using such ai!llort shall have theright to service itselfor to use any fixed-based operatorthat is authorized or permitted by the airport to serve any air c"arrier at such airport.

Airport Assurances (5/97)

### e. Each aircarrierusing suchairport (whether as a tenant, nontenant, or subtenant ofanother air carrier tenant) shall be subject to such nondiscriminatory and substantiallycomparable rules, regulations, conditions, rates, fees, rentals, and other charges withrespectto facilities directly and substantiallyrelated to providing air transportation as are applicable to all such aircarriers wh.ich make similar use ofsuch airport and utilize similarfacilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.13 24. Fee and Rental Structure. 

### It will maintain a fee andrental strucrure for the facilities and services at the airpon which will make the airpon 

### as self-sustaining 

### as possible under 

# I the circumstances existing at the panicular airport. taking imo account such factors 

### as the volume oftraffic and economy 

### ofcollection. 

### No part ofthe Federal share ofan airport development, airpon planning ornoise compatibilityproject for which 

### a grant is made under Title 49, United States Code, theAirport and Airway Improvement Actof 1982, the FederalAirportAct or the Airport and Airway Development Act of

### I970 shallbe included in the rate basis in establishingfees, rates, and charges for users ofthat airport. 

### 25. Airport Revenues. 

### a. All revenues generated by the airport and any local taxes on aviation fuel established after December 

### 30, 

### 1987, will be expendedby it for the capital or operatingcosts oithe airport; the local airport system: or other local facilities which are owned or operated by the owner or operator ofthe airpon and which are directly and substantially related to the actual airtransportation ofpassengers or property; or for noise mitigation purposes on 

### or offthe airport. Provided, however, that 

### ifcovenants or assurances in debt obligations issued before September3, !982, by the owneror operatorofthe airport, orprovisions enacted before September 3, 

### 1982, ingoverning statutes controlling the owner or operator'sfinancing, provide for the use oftherevenues from any ofthe airport owneroroperator's facilities, including theairport, to support not only the airport but also the airport owner oroperator's general debt obligations or otherfacilities, then this limitation on the use ofall revenues generated by the airpon (and, in the case ofa public airport, local taxes on aviation fuel) shall not apply. b. As pan ofthe annual audit required underthe Single Audit Act of 1984,the sponsorwill direct that the auditwill review, and the resulting audit reportwill provide an opinion concerning, the use ofairportrevenue and taxes inparagraph (a), and indicating whether funds paid ortransferredto the owner oroperatorare paid.ortransferred in a marmerconsistent with Title49, United States Code and 

### any otherapplicable provision oflaw, including any regulation promulgatedby the SecretaryorAdministrator.

Airport Assurances (5/97)c. Any civil penalties orother santions will

### be imposed for violation ofthis assurance in accordance with theprovisions ofSection4

### 7107 ofTitle 49, United States Code.

### 15 28. Land for Federal Facilities. 

### Itwill furnish without costto the Federal Government for use incormectionwith any air traffic conrrol or airnavigation activities. or weatherreporting and communication activities related to airtraffic control, any areas ofland or water, or estate therein, orrights in buildings ofthe sponsor 

### as the Secretary considers necessary ordesirable for construction, operation. andmaintenance at Federal expense of space or facilities for suchpurposes. Such areas oranyportion thereof

### will be made available as provided herein within four months afterreceipt ofa writtenrequest from the Secretary. 

### 29. AirportLayout

### Plan.
a. 

### It

### will keep up to date at all times an airport layout plan ofthe airport showing(!) boundaries ofthe airport and all proposed additions thereto. togetherwith the boundaries ofall offsite areas owned or controlledbythe sponsor for airpon purposes and proposed additions thereto; (2) the location andnature ofall existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions ofexisting airport facilities; and (3) the location ofall existingand proposed nonaviation areas and ofall existingimprovements thereon. Such airport layoutplans and each amendment, revision, ormodification thereof, shall be subject to the approval ofthe Secretary which approval shall be evidenced bythe signature ofa duly authorizedrepresentative ofthe Secretary on the face ofthe airport layout plan. The sponsorwill not make orpermit anychanges oralterations in the airport or any ofits facilities which are not in conformity withthe airport layoutplan as approved by the Secretary and which might, in the opinionofthe Secretary, adversely affect the safety, utility or efficiency ofthe airport. b. Ifa change or alteration in the airport orthe facilities is made which the Secretarydetermines adversely affects the safety, utility, or efficiency of any federally owned, leased, orfunded property on oroffthe airport and whichis not in conformitywiththe airport layoutplanas approvedbythe Secretary, the owneroroperatorwill, ifrequested, bythe Secretary

### (I) eliminate such adverseeffectin a manner approvedby theSecretary; or (2) bearall costs ofrelocating suchproperty(orreplacementthereof) to a site acceptable to the Secretary and all costsofrestoring suchproperty (or replacement thereof) to the level ofsafety, utility, efficiency, andcost of operation existing before the unapproved change in the airport orits facilities.

Airpon Assurances (5197)

### 17 Further, land purchasedwith a grant received by an airpon operator or owner before December 31, 1987, will be considered to be needed for airpon purposes ifthe Secretary orFederal agency making such grant before December 31, 1987, was notified bythe operatoror ownerofthe uses ofsuch land. did not object to such use. and the land continues to be used for tl)at purpose, suchuse having commenced no laterthan December 15, 1989. c. Disposition ofsuch land under (a) or (b) will be subject to the retention or reservation ofany interest orright therein necessary to ensure that such land will only be used for purposes which are compatible withnoise levels associated with operation ofthe airpon. 32. . Engineering and Design Services. Itwill award each contract. or sub-contract for programmanagement. consrruction management. planning studies. feasibility studies. architectural services, preliminary engineering, design, engineering, surveying, mapping orrelated services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title LX ofthe FederalProperty and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for orbythe sponsor ofthe airpon. 33. Foreign Market Restrictions. Itwill not allow funds provided underthis grant to be used to fund anyproject wllich uses anyproduct or service ofa foreign countryduring the' period in wllich such foreign country is.listed by the United States Trade Representative as denyingfair and equitable market opponunities forproducts and suppliers ofthe United States in procurement and construction. 34. Policies, Standards. and Specifications. Itwill carry our the project in accordance with policies, standards, and specifications approved by the Secretary including butnot limited to the advisory circulars listed inthe CurrentFAAAdvisoryCirculars for AIP projects, datedl?/l/91)and included in this grant, and in accordance with applicable state policies, standards, and specifications approvedbythe Secretary. 35. Relocation and Real PropertyAcquisition. (!)It

### will be guided inacquiringreal propeny, to the greatest extentpracticable under State law, by the land acquisition policies in Subpart B 

### of49 CFRPart24 and will payorreimburseproperty owners for necessary expenses as specified in SubpartB. (2) It will provide a relocation assistance program offering the services describedin Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in SubpartD and E of49 CFR Part 24. (3) 

### 1t will make available within a reasonable periodoftimepriorto displacement, comparablereplacementdwellings to displaced persons in accordance with Subpart E of49 CFRPart 24.

Airport Asruranoes (5/97)-'"'' (j': \': CHOUTEAU COUNTY FORT BENTON AlRPORT IUGHT<JF-WAYAGREEMENT •• <

IV/IP!'1)ject A. L P. 3-30-00lO-Ol D&SignaDOn: Fon Semon Airport Col.Jnty: Ctl01.11UU Psroel From Sla1itln To SlaMon**S~bdiviston** S<>cOion**T~hip** Range 5**Nl~** N!A LWi J &. 4, fl1SW"%,WY:iSEY. 7

### ~"' W.,..,NW%,**W~EY.NWY.** 1! 24N Owner: Wo!Ta,. SI'Dthllrs Farms, A Partoei'Shlp P. 0. Sex Ul1 L.Dma. MT5946(}.0,!1 1. OWNER IN CONSIOEIIATlON OF THE PAYMENTS**~REIN** SET FOOTH AND THE SPECIFIC AGREEMENTS TO BE. PeRFORMED BY BOiH PARTTES HERETO ANO Vo/RITTEN IN 1'HI.9**AGREEM~T.** THE PARTIES HERETO BIND THEMSELVES TO THE. TERMS ANO CONDmoNS S£T FORTH HEREIN. NO VERBAL'AGREEEMNTS SHA.U. BE BINDrNG UPON EITHER PARTY AND nilS AGREEMENT SHALL BECOMf': EFFtC11VE UPON EXECUTlON BY ChOuteau Gotlmy OR A DESIGNATEO RI!.PRESE.NTATWE. 2. COMPENSATION FOR LAND AND**lft.C~OVEMENTS** (list**~** and improvementS in tile taldng.} 2Q.(.7 actBs agriculturallcmd @I S500.00Jacre=

1t .8 acres agrtcutt.ural land@ $100.00/ac:re""'
3. COMl'ENSA TlON FOR DAMAGES None Tol!!l $102,350.00 $ 1,'tSO.oo $103,530.00

-4: TOTAL COMPENSATION FOR PARCEL .$103,530.00 subj:ec:t to \he eoncfltioos stated Lr!. 5 below. 5. IT IS UNDERSTOOD AND AGREED Choutu.u Ctn.•Btv SHALL .MAKE THE FOLLOWING DISBURSEMENTOF PAYMENT. It ls understood anc:IIIQI'HCt**~** the pmloB**heret~o.** that final payment amot.mt of Uris agmement will be based on a 1D be**com~led** survey ofthe**propert~** to be acquired, using- 5500.00/acre for**at~p** /III'I(J 11nd Sf00.00/11C1"8 forgraziftO &anr:las fDIICP.Vs: AWl:mmt ln1he amount ofS less llfll' amount te-quired by the Mortgaoee 10 be made pay•l*•o Wanat!**Brvthe~** Farms. a pattniiU'shlp am mailed to them al P.O. Box 181, Loma, MT59480-0111. Forand**in~** of N eomDef1S,ation based oo a final SUIVIIJ the**Ia~** agree to exccule a deed**g~nting** fee title torthelan:::f**a~uired.** NEGOTlATIONS BASED UPONTHEAPPI<OIIED Pt.ANS DATED. NIA
'Non'aJl SnJthOf5 Fli!rm!l. a**~** 

# " &U{**,(Ida~~** 

# _. 'lf.t. f' Cu)"""' I04lol 

### 'i 

# lnli. \Oa!•l 

### ) ('DO:e) (Dole) (Dote))..'

**~TRACT** NO.

**DESC~IPTlON** 'YEAR ACRES BOOK PAGE ACQUlR.
2 J + 5

JOO QUIT CLAlM DE£0 TO Cl'iY Of FORT BENTON WARRANTY DEED TO CITY OF' FORT SENTON QUIT CLAIM DEED TO CITY OF FORT BENTON QUIT CLAIM Ol::ED CITY OF FORT BENTON FEE SIMPLE WORRALl BROTHER'S FARMS 148 

# .. 5.06 64

....Q.11 81 211.5 XX

LENGTHS SHOWN ARE APPROXIMA"IE. DISTANCES AND BEARINGS TO BE ESTABLISHED DURING FINAL NEGOllAllONS. 0 JOO BOO (SCALE IN FEET) 2fl0 19J8 81 \94+ 358 1951 265 1958 XXX 191:16

T:

SW\iNEW

SHEET 

# z 0 

### t-1- 

# za: 1110 IDA. 

### t-!5 a; oil( 

### 0

**~**



# 6
6 OF 6

# = 1. CONTRACTOR SHALL lNSTALL MEDIUM INTENSifY RUNWA'T' LIGI fLECTR!CAL SUPPLY & BEACON. :•r {P> PULW::RlZED PAVEMENT TO BE REliSEO FOR SURFACING OF N & AIRPORT ACCESS ROAD.

CS) ENIED

### ~--------------~~-- !..lfE FENCE ID RUNWAY T24N ; RB & R9E JOO 0 JOO 600 (SCALE IN FEET) 1;1**~** 0 m d d m z 'I**~~** 

### gt 16 

### ,::J oz Zw "< "'1!:: < _, '0 g)o_....Jii:



# i ' r 

### • •**~ ~** **~** < -**~** il 0

SHEET 

# C1

OF

### CHOUTEAU COUNTYJOINTAIRPORT BOARD 

## P.O. BOX 

## 867

Joe Nye, PE Airport Project Manager Helena Airport District Office 

### Re: Fort Benton Airport Dear Mr. Nye: 

### FORT BENTON, MT 59442 

### June 

## 23, 2015

Please consider the following as a response to your May 20, 2015, letter and the concerns and issues raised by the Helena Airport District Office ("ADO"). As you are aware, the Chouteau County Joint Airport Board ("CCJAB") is ajointboard appointed bythe Board ofCounty Commissioners ofChouteau County, Montana ("County"), the City Council of Fort Benton, Montana ("City"), and the Town Councils ofthe Towns of Big Sandy and Geraldine, Montana. The CCJAB was established to create, develop, maintain and operate airport services and other aeronautical facilities at airports located throughout Chouteau County. As it relates to the Fort Benton Airport ("Airport"), and federal funding received, the County and Cityare considered Airport Sponsors. Initially, please be advised the CCJAB, County, and City take seriously their Assurances and have no intent to act in any way that may be seen as a violation of such Assurances. None of these entities wish to do anything which could jeopardize funding for theAirport. All involved remain committed to collaboratively working with the ADO to make sure there is continued compliance with all Airport Sponsor Assurances. We appreciate the dialogue and close working relationship that has already occurred between theADO and CCJAB on these matters. YourJetter raises a numberofconcerns related to modifications and developments (including proposed) to property leased to George Ackerson and Safer Medical (hereafter referred to as "Safer Medical"). All parties and their respective legal counsel have spent considerable time discussing these important issues. Please be advised that on March 27, 2015, the CCJAB sent a cease and desist notice to Safer Medical regarding its work atthe subject leased property. Safer Medical has complied with this notice. Following the Apri116, 2015 meeting in which you were in attendance, the CCJAB also sent a notice to Safer Medical of its default under its lease agreement with the CCJAB, providing a 15-day notice to comply with its lease agreement. Since receipt of your letter, the parties have been actively engaged in addressing not only your concerns, but Safer Medical's deficiencies under its lease agreement. Based on these discussions, Safer Medical has agreed to thefollowing: • Water feature - 

### Safer Medical drained the water feature/pond of any water the week of June 15. Safer Medical has furtheragreed to fill in the waterfeature and make sure that all necessary precautions are taken to prevent any gathering and/or collection ofwater in

**thlieilfuiiiit~u!re!!·**

## !!l!!!'!!!!!llllllllllli' EXHIBIT 

# ~~~~~~~~~~~~~

**~**

### • Cabin 

### -the cabin has been removed from the property; • Quonset Building 

### -As your letter notes, Safer Medical has filed and is awaiting action on its initiation for airspace review, as well as environmental analysis, for this building. Furthermore, during your visit to the site, it is the CCJAB's understanding that you took the necessary measurements to prepare a "pen and ink" revision to the ALP; 

### • Deck- Safer Medical has agreed to abandon any plans for the construction of a deck offthe hanger; and • Permitting/Inspection
- 

### Safer Medical has obtained building permits for the project from the State of Montana (Permit #s 2015-BLDG0000526 and 2015-BLDG-000527). It will also seek the necessary electrical and plumbing permits and has agreed to advise the CCJAB of any findings related to such permits and inspection processes. The CCJAB has made it clear to Safer Medical that the lease agreement entered between the parties will be strictly enforced and that all further improvements by Safer Medical must be approved in writing by the CCJAB and must comply with all local, state, and federal regulations and codes prior to commencement. The CCJAB has also reiterated the necessity for Safer Medica·! to follow all FAA requirements, including airspace reviews and environmental impacts, if any 

### further action or developments are taken in the future. Your letter also addresses concerns regarding Safer Medical's intended use ofthe hangar and leased property. The CCJAB has addressed these use issues with Safer Medical. The CCJAB understands the ADO's concerns regarding materials used in this area as they are nottypicallyones associated with aeronautical use. Forexample, most individuals would not chose to install marble on their hangarfloor. The CCJAB has discussed the use of such materials with Safer Medical and has been advised the installation of such materials merely relates to Safer Medical's ability to realize necessary business write-offs and othertax considerations. The CCJAB has clearly communicated to Safer Medicalthatthe only proposed use ofthe overall hangar structure will be for aeronautical purposes. It has been made clear, and Safer Medical has expressed its understanding, that the property may not be used as a gathering location, allow for the assembly of people, orfor any other non-aeronautical purpose and that such use is a violation of its lease with the CCJAB and in violation oftheAirportAssurances. To reassure the ADO 

### of Safer Medical's understanding and confirmation ofsuch use, enclosed please find correspondence provided by Safer Medical's counsel to the CCJAB confirming a general aviation purpose and acknowledging that the propertywill only be used for aeronautical use only. See Exhibit 

### A. We hope this correspondence sufficiently assures the ADO. Your letterwas a good reminder ofthe importance ofbeing vigilant regarding the CCJAB's dutyto not take or pemnit actions which deprives or is contrary to the continued appropriate development and promotion ofaviation seNices atour airports. The CCJAB is committed to making sure thata consistent application of its leases will be followed and that any interference with the ability to perform the necessary rights and powers of any or all terms, conditions, and assurances with the FAA, will be enforced. Furthermore, the CCJAB intends to review and evaluate all of its existing leases to make sure they are compatible with appropriate airport operations. The CCJAB is committed to making sure

### that its airportfacilities are operated and maintained in a way that serves the aeronautical uses ofthe airport in a safe and serviceable manner. Lastly, addressing the 1998 agreement and the subsequent lease with Safer Medical, I will not repeat Mark Reichelt's and my statements addressing the issue of the improper lease as discussed at our meeting in Helena. However, Iwish to reiterate the CCJAB's requestthattheADO allow an exemption from the 1998 agreementforthe lease given to Safer Medical. I would further like to take this opportunity to again request the ADO's review and reconsideration of the FAA's prior position as stated in the 1998 agreement related to the Airport's southwesttaxiway. As outlined in the CCJAB's June 3 letter, changes 

### over the past seventeen years necessitate a reconsideration ofthe planned abandonment ofthis area ofthe airport. It is the CCJAB's position that such changes, a continued increase in use, and thetaxiway's importancetothe continued development and promotion ofaviation at the Airport, necessitates reconsideration of FAA funding to maintain the southwest end ofthe taxiway. I hope the foregoing appropriately and sufficiently addresses the ADO's concerns. The CCJAB, County, and City wish to take this opportunity to thank you for your continued willingness to meet and discussthese issues as all parties cooperatively work through these important issues. Iwould request that you please advise at your earliest convenience ifthe matters outlined above adequately address and resolve your concerns. Again, we appreciate the positive dialoguewith you and theADO and look f01ward to ourcontinuing relationship. Ifyou have any questions or ifyou would likefurther information, please do not hesitate to contact me or Mark Reichelt. Thankyou.

Reviewed and approved by: City of Fort Benton



# ftJJJ~ Richard Morris Mayor

Cc: Adrian Miller Jordan Crosby SteveGannon IBurkland· RPA 

### Sincerely,
Russ Honrud Chairman, CCJAB

Chouteau County Commissioners



## -..J>CI1for1. 

# q
**s~** Daren Schuster Chairman

# HOLLAND&HART
..

SENT VIA US MAIL Chouteau CountyJoint Airport Board Russ Honrud, Chairman P.O. Box 867 Fort Benton, MT 59442 June 19,2015



### Re: SaferMedical ofMontana- AirportHangar Dear Mr. Honrud: Adrian A. Miller Phone (406) 896-4612 Fax (406) 206-0081 AAMiller@hollandhart.com

As discussed at the meeting oftheChouteau CountyJointAirportBoard (the "Board") on June 19, 2015, Iwant to assure the Boardthat SaferMedical ofMontana ("SaferMedical") will not use its airport hangar tor non-aeronautical purposes. So long as the hangarremains onland which is partofthe airport and/or governed by FAAregulations, which appears will be the situation torthe indefinite future, Safer Medical will only use it for general aviationpurposes. This use ofthe hangaralso comports with SaferMedical's obligationto comply with its commercial buildingpermits.

AAM!asf cc: Steve Gannon Jordan Crosby
7866821_1

Holland&Hartul' Phone {406) 252-2166 Fax (406] 252-1669 www.hol!andhatt.c:om Sincerely, 

# (Mfu--

**/C.M~** AdrianA. Miller

401 North 31HStreet Sulte 1500 Billings, MT 59101 Mailing Addnm P.O. Sox 6l9 Blllings,MT 59103-Q639

**Asper~** Boulde1 Car'>on Cit, ColoradoSpnngs Dem;>r

**D~r'll'et** Tetll Cel\te: Billing$ Hoi5e CheyeMe Jatkson

**Ho~ L~s**  Vugas Reno SaltLake Cily Santa

**F~** Wcl<hinglon, D.C 0

### Fort Benton From: Sent: To: Cc: Joe.Nye@faa.gov Thursday, OctoberOi, 2015 2:54 PM honrudfarms@yahoo.com chouteau@ttc-cmc.net; fbenton@ttc-cmc.net Subject: Fort Benton - Response to Letter Dated June 23, 2015 Regarding Ackerson Hanger

I have received and evaluated the letteryou senton June 23, 2015 regarding thecompliance concerns observed during myApril 16, 2015 site visit. I concurthatthe proposed corrective actions will address myconcerns. Waterfeature- Safer Medical drained and intendsto fillthis feature to return tooriginal condition. Safer Medical submitted a CAT EX which was approved on 7/9/2015which addresses the construction impacts. Cabin- The Cabin has been removed. Safer Medical submitted a CAT EX which was approved on 7/9/2015 which addresses theconstruction impacts. Quonset Building- The Quonset is proposed to remain in place and used for aeronautical purposes only. Safer Medical submitted the necessary information for an airspace analysis and the determination was issued on June 8, 2015. Safer Medicalsubmitted a CAT EX which was approved on 7/9/2015 which addresses the construction impacts. Safer Medical provided a letterdated June 19, 2015 committingto aeronautical use only. The ALP has been updatedvia pen and ink; howeverthe ALP revisions being accomplished underAlP 01()..2015 must reflect the structure's location. These efforts adequately address FAA concerns. 

### Deck- Safer Medical is no longer proposing to proceed with construction ofthe deck feature on their hangar. You asked for an exemption to the 1998 agreement to no longerenter into leases in the area of Mr. Ackerson's hangar. It is apparentthatthe lease with Mr.Ackerson was not entered into with the board's knowledge ofthis commitment. I will not provide an "exemption" to the prior commitmentto extinguish leases in this area, but Iwill acknowledge that thiswas an honest mistake. The lease has now been entered into and the Chouteau CountyJoint Airport Board needs to determine what actions are in the public's best interest. I can support allowing this lease to remain in effect until it is prudentforthe Sponsorto resolve the situation. This may be atthe lease's expiration or earlier dependingon the language ofthe lease, relationship with the tenant, orany numberoffactors. Ultimately, the maximum duration ofthe lease must not exceed those initial terms that were agreed to between Mr. Ackerson and the Fort Benton Airport. Thank you foryourwillingness to work throughthese challenges. Ifyou have any questions orwould like to discuss specifics feel free to call me. Sincerely, 

### Joe Nye, PE FAA 

### ProjectManager HelenaAirports District

### Office (406) 449-5719 

### EXHIBIT 

# I E 1