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:•:, ',-"• t — + yK 00? <br /> w <br /> , <br /> <'' ;s L`•�. 7� _ . <br /> - ? a - 4 -rrl i.r•+6' t y, .u. f rS M J <br /> • <br /> 3 <br /> NOPTHEN, LITTLE & BAGWELL <br /> ATTORNEYS Al° LAW <br /> W FRANKLIN STREET <br /> CHAPEL HILL N C 3714 <br /> P 0 BOX ? <br /> IiJ1)1-1:k; A NI:RTWEN :U <br /> I .1Nl5ERSO LITTLE (91--9i 482-4156 <br /> IA 1914E 942-#521 <br /> KENNETH ancv:tl.L JR January 28, 1983 <br /> CHARLES K 1HWAf'T <br /> Mr. RichardiWhitted, Chairman <br /> Orange County Commissioners <br /> Orange County Court House <br /> Hillsborough, NC 27278 <br /> re: Midway Airport <br /> Buck Mountain Development Co. ' <br /> { <br /> Dear Mr. Whitted: <br /> By letter dated October 5, 1982, the Orange County Planning <br /> Department notified us of the specific conditions which will become <br /> a part of al Special Use Permit for Midway Airport. Upon receipt of <br /> this letter, we reviewed the conditions with the members of the Buck <br /> Mountain Development Company, and made inquiries to the adjacent <br /> land owners, concerning the availability of over-flight easements as <br /> required by these conditions. At this point, and for the reasons <br /> set forth Ielow, we now formally petition the Orange County <br /> Commissioners to reconsider the conditions set forth in the letter <br /> dated Octo er 5, 1982, in connection with the Midway Airport Special <br /> Use Permit, and modify certain of those conditions as indicated <br /> below: <br /> 1. The first imposed condition provides that jet aircraft <br /> are not permitted at the facility, and that the owners shall notify <br /> the Department of Commerce of this restriction. This condition is <br /> generally in accord with our application, and we have no objection <br /> to it. <br /> 2. The second condition requires us to own or control the <br /> height of bjects in the approach-departure zone as sketched in the <br /> letter, which begins 200 feet from the end of the runway, and <br /> extends a distance 'of 5,000 feet, fanning to a width of 2,000 feet. <br /> We have contacted the owners of all the property located within the <br /> approach-departure zone as indicated on both ends of the runway, and <br /> with very few exceptions have been refused such easements by the <br /> property owners. In order to meet this condition, we would have to <br /> have the voluntary consent of the owners of the property, giving us <br /> a written, lrecordable easement or right-of-way to come onto their <br /> property and limit the height of any objects thereon, whether the <br /> objects belnatural or tan-made. Without the consent and approval, of. <br />