FEIS - Tahoe Regional Planning Agency

FEIS - Tahoe Regional Planning Agency FEIS - Tahoe Regional Planning Agency

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RESPONSE TO COMMENTS ON THE DEIS B o u l d e r B a y C o m m u n i t y E n h a n c e m e n t P r o g r a m P r o j e c t E I S Off-site land coverage reductions will occur within the NSCP on parcel APN 090- 305-016 (15,000 square feet) and within the State Route 28 ROW (9,476 square feet) as a part of Alternative C. See Appendix AD for land coverage characteristics by parcel. Comment 322-en: Comment Summary - What is Hwy 28 ROW? Is state owned land used as a credit for coverage reduction for a private development? The State Route 28 Right-of-ways (ROWs) is the strip of land that is granted, through an easement or other mechanism, for transportation purposes such as a highway, bike lane, or utility conduits. A right of way is reserved for the purpose of maintenance or expansion of existing services with the ROW. In the case of an easement, it may revert to original owners if the facility is abandoned. For the Boulder Bay Project, portions of the ROW will be incorporated into the project area (Alternatives C and D) and land coverage will be permanently retired. See response to comment number 322-z for further discussion of ROWs and TRPA land coverage calculations. Comment 322-eo: Comment Summary - Is Washoe County ROW included in the project area and will the land coverage be removed and permanently retired or banked for future use? What is the land capability of the ROW? LCDs 4 and 1a comprise the Washoe County ROW. Please see response to comment number 322-z that addresses TRPA land coverage calculations in relation to public ROWs. Comment 322-ep: Comment Summary - Excluding ROW, how much coverage is actually reduced on and off-site? See Table 4.2-6 in the DEIS. The net land coverage reduction onsite equals 43,841 square feet. With reconfiguration of public ROWs and the construction of the Stateline mini park, net land coverage reduction offsite equals 24,476 square feet. Of the 24,476 square feet of offsite land coverage reduction, 15,000 is located outside of ROW lands. Comment 322-eq: Comment Summary - How can coverage be reduced with a reconfiguration of County roads? Provide a coverage breakdown including the total proposed coverage, coverage removed, and how large the project area is/what parcels are included and what is the ultimate coverage reduction. Reconfiguration of Washoe County Roads allows for removal and restoration of land coverage for a reduction in total project area land coverage for Alternatives C and D. The amount of land coverage assigned to onsite public roadways is reduced under Alternatives C and D, therefore, the land coverage associated with public ROWs is reduced under Alternatives C and D. TRPA prohibits the inclusion of land coverage in ROWs in calculations for allowable base coverage but requires the inclusion of existing land coverage in ROWs in calculations for excess land coverage. As stated in Table 4.2-6 of the DEIS, ultimate land coverage reduction including land coverage currently located in public ROWs is 68,317 square feet for Alternative C and 38,314 square feet for Alternative D. Land coverage characteristics broken down by parcel are detailed in Appendix AD. Comment 322-er: Comment Summary - 4.2-16: any land coverage associated with ROW should be a credit to a land bank or to the public. Removed coverage should be permanently retired not banked or transferred. PAGE 8- 108 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010

RESPONSE TO COMMENTS ON THE DEIS B o u l d e r B a y C o m m u n i t y E n h a n c e m e n t P r o g r a m P r o j e c t E I S Please see response to comment number 322-z, which addresses TRPA land coverage calculations in relation to public ROWs. Alternatives C and D propose to remove and permanently retire a portion of land coverage within the ROW. TRPA Code does not permit the use of land coverage in public ROWs for the benefit of private development. If the land coverage were banked instead of permanently retired, then the land coverage would be available for future development. According to TRPA staff, permanently retiring land coverage is preferred to payment of the excess coverage mitigation fee and banking of land coverage and assists TRPA towards achieving environmental thresholds. The project applicant has agreed to permanently retire the maximum amount of land coverage available within the NSCP following TRPA’s selection of an Alternative. Comment 322-es: Comment Summary - 4.2-16: states land coverage reduction is not directly reflected in the calculation of excess coverage - what does this mean and what does this refer to? Appendix AD provides additional details on how the land coverage calculations were made for the project area and public ROWs located within and outside of the project area. The Project includes modifications to land coverage within the project area on private property and public ROWs (Washoe County), and outside of the project area within public ROWs (SR 28) and private property (Stateline mini park parcel located outside of the project area but within the NSCP). Excess land coverage is calculated in accordance with TRPA Code Section 20.5.A. The excess land coverage calculations exclude allowable base land coverage and existing verified land coverage for the portions of the project area that are currently within public ROW. Because the size of the public ROW within the project area will be reduced under Alternatives C and D (with a corresponding reduction in land coverage within the public ROW), the calculation of excess land coverage for the DEIS represents a worst case analysis for these two alternatives. Comment 322-et: Comment Summary - Table 4.2-6: what is the adjustment for reconfiguration of the road in the table? What does this mean? Please see response to comment 322-z, which addresses TRPA land coverage calculations in relation to public ROWs. The adjustment represents the reduction in land coverage that will occur in the public ROWs under Alternatives C and D. Note: to ensure a worst case analysis, the TRPA allowable land coverage values included in Table 4.2-6 were not adjusted to represent the increase in base allowable land coverage that would occur with the abandonment of a portion of the public ROW located in the project area. Comment 322-eu: Comment Summary - DEIS indicated permanently retiring 71,706 sf of coverage in lieu of payment of an excess coverage mitigation fee would better serve the public and watershed, but Alt C only described the removal of 43,841 sf. The 71,706 square feet of land coverage referenced to mitigate the excess land coverage within the Boulder Bay project area can be partially met with the 68,317 square feet of total land coverage available to permanently retire under Alternative C. The 68,317 square feet consists of land coverage removed within the project area, land coverage to be removed as a result of the project in offsite public ROW (SR 28) and land coverage to be removed as a result of the project in the offsite Stateline mini park site. To completely mitigate the excess land coverage with land coverage retirement, Boulder Bay will need to identify additional land coverage (on or off site) equal to 3,389 square feet as detailed in Table 4.2-6. The 3,389 square feet of SEPTEMBER 8 , 2010 HAUGE BRUECK ASSOCIATES PAGE 8- 109

RESPONSE TO COMMENTS ON THE DEIS<br />

B o u l d e r B a y C o m m u n i t y E n h a n c e m e n t P r o g r a m P r o j e c t E I S<br />

Off-site land coverage reductions will occur within the NSCP on parcel APN 090-<br />

305-016 (15,000 square feet) and within the State Route 28 ROW (9,476 square feet)<br />

as a part of Alternative C. See Appendix AD for land coverage characteristics by<br />

parcel.<br />

Comment 322-en: Comment Summary - What is Hwy 28 ROW? Is state owned land used as a credit for<br />

coverage reduction for a private development?<br />

The State Route 28 Right-of-ways (ROWs) is the strip of land that is granted, through<br />

an easement or other mechanism, for transportation purposes such as a highway, bike<br />

lane, or utility conduits. A right of way is reserved for the purpose of maintenance or<br />

expansion of existing services with the ROW. In the case of an easement, it may<br />

revert to original owners if the facility is abandoned. For the Boulder Bay Project,<br />

portions of the ROW will be incorporated into the project area (Alternatives C and D)<br />

and land coverage will be permanently retired. See response to comment number<br />

322-z for further discussion of ROWs and TRPA land coverage calculations.<br />

Comment 322-eo: Comment Summary - Is Washoe County ROW included in the project area and will<br />

the land coverage be removed and permanently retired or banked for future use?<br />

What is the land capability of the ROW?<br />

LCDs 4 and 1a comprise the Washoe County ROW. Please see response to comment<br />

number 322-z that addresses TRPA land coverage calculations in relation to public<br />

ROWs.<br />

Comment 322-ep: Comment Summary - Excluding ROW, how much coverage is actually reduced on<br />

and off-site?<br />

See Table 4.2-6 in the DEIS. The net land coverage reduction onsite equals 43,841<br />

square feet. With reconfiguration of public ROWs and the construction of the<br />

Stateline mini park, net land coverage reduction offsite equals 24,476 square feet. Of<br />

the 24,476 square feet of offsite land coverage reduction, 15,000 is located outside of<br />

ROW lands.<br />

Comment 322-eq: Comment Summary - How can coverage be reduced with a reconfiguration of County<br />

roads? Provide a coverage breakdown including the total proposed coverage,<br />

coverage removed, and how large the project area is/what parcels are included and<br />

what is the ultimate coverage reduction.<br />

Reconfiguration of Washoe County Roads allows for removal and restoration of land<br />

coverage for a reduction in total project area land coverage for Alternatives C and D.<br />

The amount of land coverage assigned to onsite public roadways is reduced under<br />

Alternatives C and D, therefore, the land coverage associated with public ROWs is<br />

reduced under Alternatives C and D. TRPA prohibits the inclusion of land coverage<br />

in ROWs in calculations for allowable base coverage but requires the inclusion of<br />

existing land coverage in ROWs in calculations for excess land coverage. As stated<br />

in Table 4.2-6 of the DEIS, ultimate land coverage reduction including land coverage<br />

currently located in public ROWs is 68,317 square feet for Alternative C and 38,314<br />

square feet for Alternative D. Land coverage characteristics broken down by parcel<br />

are detailed in Appendix AD.<br />

Comment 322-er: Comment Summary - 4.2-16: any land coverage associated with ROW should be a<br />

credit to a land bank or to the public. Removed coverage should be permanently<br />

retired not banked or transferred.<br />

PAGE 8- 108 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010

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