HomeMy WebLinkAboutR1979-20 Contingency Plan SUP Rocky Mountain Airways, Inc. •. • i
RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Contingency Plan - Special Use Permit Number Zs -42 -77 -
Rocky Mountain Airways, Inc.
WHEREAS, the Board of County Commissioners, County of
Eagle, State of Colorado, hereinafter referred to as the "Board
did on January 3, 1978, at a public hearing grant the application
of Rocky Mountain Airways, Inc., hereinafter referred to as "RMA ",
for a special use permit in File Number Zs -42 -77 pursuant to Sec-
tions 6.00 and 6.01 of the Zoning Resolution of Eagle County, 1974,
as amended; and
WHEREAS, one of the conditions of said Special Use Per-
mit File Number Zs -42 -77 was the sumbittal of a contingency plan
by RMA stating the procedures to be utilized in the event of use
of the STOLport airstrip for emergency medical evacuation and /or
emergency use by other aircraft, not previously arranged; and
WHEREAS, RMA did submit such a contingency plan to the
Board on July 24, 1979 at its regular meeting and desires said con-
tingency plan to be incorporated into the Special Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners, County of Eagle, State of Colorado:
THAT, the Special Use Permit File Number Zs -42 -77 granted
to Rocky Mountain Airways, Inc. on January 3, 1978, required the
applicant to provide the Board with a contingency plan for situa-
tions involving emergency medical evacuation and emergency use by
others of the STOLport airstrip;
THAT, due to above - referenced condition, the Special Use
Permit File Number Zs -42 -77 is hereby amended by the addition of
Section 20 under the heading of "Conclusion" to read as follows,
to wit:
40 00
20. Notwithstanding of condition no. 2 above, it is deemed
to be in the public interest that upon very limited occasions,
project area should be made available in emergency situations,
being those situations in which the preservation of life and /or
the destruction may require special consideration for the use of
the STOLport other than set forth in paragraph 2. It is recognized
that two basic catagories of the special emergency use may arise.
Under the following circumstances, use by aircraft other than al-
lowable specified use will not be deemed to be a violation of the
conditions of this permit. Two special catagories are recognized:
A. Emergency medical evacuation. Upon those occasions
when it is necessary to make emergency medical evacuation, that
may occur during periods of use that are otherwise prohibited by
curfew, the Board of County Commissioners, the County Health Of-
ficer, or the County Manager or any other County Representative
to whom the authority may be delegated, may designate the special
use of the project area for this purpose. When these circumstances
arise, Rocky Mountain Airways will be consulted and requested to
provide the aircraft for this type use. In the event Rocky Moun-
tain is unable to provide the aircraft, the designated County Of-
ficial may give approval, upon a one occasion basis, for other
type aircraft to utilize the STOLport to be able to transport per-
sons, to or from the project area when medical circumstances dic-
tate that immediate air evacuation is necessary for the preserva-
tion or protection of lives or public property. In the event the
request is made to Rocky Mountain to provide the aircraft for emer-
gency medical evacuation, and the Company is able to accommodate
the request, nothing contained in this section for emergency use
shall in any manner effect or reduce the indemnity to the Board of
County Commissioners as contained in paragraph 6 above. If any
other operators is to provide the aircraft for use under this sec-
tion upon the request by the designated County Official, Rocky
Mountain is relieved of any liability for the other operators ac-
tivities. Rocky Mountain shall assist to the extent possible in
making facilities available for access, navigational facilities,
and landing lights, flight information and other assistances as
may be required. Approval given under this paragraph shall be on
a per occasion basis, and consent for one occasion shall not be
deemed or construded to be consent for any other occasions, with-
out prior County approval.
B. Emergency use by others, not previously arranged.
It is recognized that upon occasion it may be necessary for other
es
•
type aircraft to utilize the landing strip under inflight or air-
borne emergencies. The County recognizes that the exclusions to
operations in 2 above should not be deemed to preclude the land-
ing of an aircraft at the strip, in the event the aircraft is un-
der circumstances of an airborne emergency that may require land-
ing at the air strip in order to avoid loss of life or immediate
and inpending damage to property, or both. As an disincentive to
making the airfield subject to this use, Rocky Mountain shall be
required to clearly delineate on the runway, in letters at least
twenty feet high and at least five hundred feet in length, the
work "private ". Rocky Mountain will also take appropriate mea-
sures to have the Avon STOLport designated as restricted and pri-
vate in any aviation publications and will advise general aviation
associations as to the private nature and restricted use of the
project area.
In the event an aircraft other than the allowed aircraft shall
land at the airport under circumstances that are claimed to be ne-
cessitated by airborne emergency conditions, Rocky Mountain is re-
quired to impound the aircraft upon arrival when the termination
ceases. Rocky Mountain will then investigate all the circumstances
surrounding the arrival of the aircraft at the airport, and will
make a report to the Commissioners after full investigation of the
circumstances. In making its investigation Rocky Mountain shall
be required to rely upon the sworn statements of the operators of
the aircraft, the Federal Aviation Administration Aircraft Preven-
tion Section, National Transportation Safety Board, the manufacturer
of the aircraft, and any other agency in making its determination.
The full report and determination as to the sufficiency of the emer-
gency, along with the recommendation shall be provided to the County
Commissioners. In the event the Commissioners are not satisfied
that the finding or the extent of the investigation, it is to no-
tify Rocky Mountain within a reasonable, early convenience.
On those occasions of use, and after full investigation and
determination of Rocky Mountain and its finding shall be that a bona
fide emergency was present, Rocky Mountain shall then present to
the County Commissioners a plan, including a recommendation as to
the further disposition of the aircraft. If, after full investi-
gation, Rocky Mountain is satisfied as to a bona fide emergency,
satisfied as to the aircraft having been repaired and certified
fully airworthy by a member of the Federal Aviation Administration;
satisfied as to the operational capabilities of the aircraft; having
obtained full indemnification and hold harmless agreements running
to the County, the land owner, and to Rocky Mountain by the owner
.
• • •
of the aircraft; and Rocky Mountain having provided to the County
full indemnification and hold harmless, Rocky Mountain may assume
responsibility for the aircraft to take off from the STOLport. In
the event all the conditions have been accomplished, Rocky Mountain
would submit a proposal and plan for the aircraft to be allowed to
take off under the auspices and guidelines of the Federal Aviation
Administration. Any departure shall be accomplished during the op-
tium meteorological conditions, but in no event during times when
the curfew would not permit the same.
Upon investigation, if it should be determined that a bona fide
emergency did not exist surrounding the arrival of the aircraft, the
provisions of this sub - section shall not apply.
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the public health, safety and wel-
fare in the County of Eagle, State of Colorado.
MOVED, READ AND UNANIMOUSLY ADOPTED, at a regular meeting
of the Board of County Commissioners, County of Eagle, State of
Colorado, held on this day of , 1979.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: BY: / ■I'l(t)11
` ' l erk of the Boa ' W'of Count' Dan V i i ams , Chairman
Commissioners