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HomeMy Public PortalAboutMitigation Monitoring Compliance Table Gray's Crossing Project Town of Truckee Mitigation Monitoring Compliance Table •Z ■ 'C �1... r ...la' Prepared for: Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 -3306 Prepared By: Kelly Biological Consulting P.O. Box 1625 Truckee, CA 9616o 530 - 582 -9713 (and 543 Sequoia Dr San Anselmo, CA 94960) (415 -482 -9703) June 2009 1 94 SWBISAS 301A213S ONV S311Ililfl 66'4 44 S301/\213S £LINfWW00 0617 64 321V10 ONV 11-1OIl / S3021f1OS321 1Vf1SIA 6'4 BE S3021f10S3211V21fll -f10 91' 6E S3021f1OS3211VO10O1OI8 C4 £Z A111Vf10 2131VM ONV A001021OAH 9'4 OZ S1V12I31VW Sf10O21VZVH ONV S11OS 'A001030 94 56 ALI1Vl0 211V Pt E6 3SION E'4 9 NOILV1f102110 ONV NOIIV121OdSNV211 Zt 6 3Sf1 ONV1 6'4 SIN31NO0 3O 318`1 • • • • • INTRODUCTION • The purpose of this table is to document Gray's Crossing Project's compliance with the mitigation measures identified in the Gray's Crossing Specific Plan Final Environmental Impact Report (Pacific Municipal Consultants September 2003) (EIR). The numbers of the sections and mitigation measures used here are the same asthose in the EIR. • The text shown in the "Mitigation Measure ", 'Timing ", and "Responsible Agency /Department" columns of the following table is taken from the EIR, with some minor editing for clarification. The name and location • of the document that addresses the mitigation compliance are shown in the "Location for Compliance" column. Letters and brief reports are included in the tabbed section of this binder. Larger reports, drawings, etc. are in the Gray's Crossing file within the Town of Truckee's Planning Department Library. Mitigation compliance items that have not been completed are highlighted. • • • • • • ____--- ' - _ — ____ __-- Responsible Location for Responsible . �nnnp|ioncoSba8," i Verification yNidgaUonYNuasuno(YNNY) • Timing A i (Initials, gency Compliance Party _ ��� _����� ���� � ��������� � �� ���_�_��__�_ � --���������-------�—� • ------ 4,1 Land Use i -- __- -- --___- _-_-_- __'- -_ __-__ __- firm 4.1.1m The project applicant shall locate Prior to Town of Truckee Construction (]&D Not all staging areas 1MK construction staging areas as far as construction Public Works Drawings, Phases Construction, were depicted in the 14/09 feasibly possible from existing Department and |' II, and |||.. Brian Grahamjlmprovement Plans for residential areas, Construction staging Community The Planning (775) 786- I Phase |. II, and III, | areas shall be identified on the pr project Development Commission Res. 7105. |Affnrdab|eHouoing . �i�einoprov�A1�n�p|8AS8ndoh8|| �� 'Department, 2005-20r9quin�� (andVi||8g*Rnad / included as part of the submittal Planning the Afford. Housing Improvements and package for subsequent site plans / Division. |oonnp|ianne.R*n. Deer Trail Units 9-13 final maps for each phase of the PC-2 2006-09 requires Townhomes. However, Specific Plan. the Village Center . thootugingai000wero compliance; Res. I not located adjacent to 20U7-08nequines residential areas. the Village Phses 'lk ;01@Q | |&||compliance. C�.qm8oitintl4��/nmu | � • • ��ff 10 Go, U&&U411b Included as part of the submittal Included as Town of Truckee Improvement Q&D Sierra Air Quality MK package for subsequent site plans/ part of the Public Works Drawings, General Construction, Management District 4/09 final maps, p ject applicants shall submittal Department and Notes 8 and Brian Graham, has accepted the notes demonstrate to the Town and the package for Community Grading-Dust (775) 786- on the Improvement Northern Sierra Air Quality subsequent Development � Guppneoniun Noten 7105. Plans, eliminating the Management District (NS/\C}��[x site Department, 1-10. !Fug�veDunt (NSAQMD) � � compliance with the Implementation final maps. ;Planning The Planning !Prevention and Control Guido|ineSofthoTovvnofTruokeo :Division. Commission Res. Plan. Particulate Matter Air Quality 2005-20 requires ; Phase |.U'U|` Management Plan (AQMP) the Afford. Housing lAffordable Houoing Compliance shall be documented in a compliance, Res. Golf Course, Village Fugitive Dust Prevention and Control 2006-09 requires j Road Improvements, Plan, and shall extract key information the Village Center i land Deer Trail Units 0' from the AQMP and list all Bes compliance, Res. 13 Townhomes ' Management Practices (BMPs) to be 2007-08 requires completed. implemented for the control of fugitive the Village Phases faridin Y0h€41 IMM 4.1.1c Prior to commencement of any !Prior to :Town of Truckee IConstruction Q&D Road closures notes ;MK construction activities requiring commence- !Public Works ; Drawings, Road Construction, are completed on 14/09 Grays Crossing Mitigation Monitoring 1 , . �� _ . 1 Responsible Location for I Responsible 1 Compliance Stab.° IVerification; Mitigation Measure (MM) i Timing ! 1 (Initials, ] ) | w'� —`������� ��r` |mo»m° Year/ | 'vn � \ | � -- coplete or partial closure of existing nnoo1niany Department and Closures Notes andF Brian Graham, Phase roadways surrounding the project site, construction Community on-site during /(775)786' Housing, Golf Club, / the p ject applicant shall perform the activities Development 'construction. 7105. and Village Road fo||ovxingtasks to the satisfaction of the requiring Department, plans, but not on Phase Town of Truckee Public Works complete or Planning ||| Natural Resource \ . | The Planning ' Dopa�nAentand (�ommunib/ partial 'Mgt. Community Division. Commission Res. � �' - Development Department, Planning of existing Units 9-13 Division: ` »»adwmys 2005-20 requires � T0wnhOmeS�u� thoAfford Housing i � r«`� • Provide written property ennotioo<oprope surrounding � '��x��y��|� � ' ;compliance, Res. ' � uvvnoraalong affected ruadvvayS the pr `/ project. | ' � x0�8��0������«� � 12006 requires onem/eekpriortoroadm/8y | °°�� �Q8� thoVi||ogeCenter ~"�==" � closures. ���|Y0�@�@�ki � compliance, Ro ^ • To ensure pUb|iosafety, t|eady / 20O7.UD requires - romjiw�� mark and secure roadway the Village Phases :»a�¥1�7 • o uge p aoe� �p construction areas. |&||compliance. 1 Iiitaearitailinilon • Steel plates shall be placed over 14a.aaggaWial open trenches at the end of each | | x�xsa veai workday to restore vehicle access ' | . • r r wu" 5 Ercerg"/r to ' ����� ������� ����������������� &1NU4.1.1d During construction activities, the During Town of Truckee Contractor letter o project applicant shall limit the amount construction Public Works compliance dated Construction. compliance per letters 14109 of daily construction equipment traffic activities. Department and 11/10/05. Brian Graham, dated 11/10/05 and by staging construction equipment and Community Shovvnonth*(�n|f (775) 786- 11/15/2007 in the vehicles on the pr ject site at the end of Development Club Improvement 7105 tabbed section of this each Department, Plans. binder. . � them. � Planning The o � P| i The Planning myxoxuuv:vux Division. / � � Commission Res. vvomexpected v/2oou 2005-20 requires is the roundabout at the Afford. Housing Alder Dr. and Highway compliance, Res. 89. • 2006-09 requires / � the ViUagoCenter . compliance, Res. i - 2007-08 requires • the Vi||ugePhases , / ||&/Icompliance. - Grays Crossing Mitigation Monitoring 2 . . . | ���--`--�� --- y0iUgaUun�aanure(YNYN) Location Responsible Compliance ` Verification |— Compliance Party / . Department |--------- ------------ -- -- - ' �-- '� -------` - --- --, ''�--- �N1K04.1.1m Locate fixed construction equipment |Duhng Town8fTru�kee Construction |Q&D iyWufDaraon Notes of MK � � such 8S compressors and generators 8Sconstruction Public Works Drawings, ;Construction, Improvement Plans. 12/07 far as feasibly possible from sensitive activities. Department and lAdditional Geneno| Brian Graham, No mention of receptors. Shroud or shield all impact Community Notes 3. (775) 786- compressors/ tools, and muffle or shield all intake and Development The Planning 17105.. generators on notes for exhaust ports on power construction i Department, Commission Phase I II, Ill, the equipment. Planning 2005-20r*quineSth� Afforda i Division. lAfford. Houaing IVillage Rnud.Deor • | compliance, Res. !Trail Units Q'l3 |20OG'09requiren|h( 'Tom/nhornen or Natural • Village Center . Resource Mgt Center compliance, Res. Plans; however the ' 2007'08 requires th I only noise complaints Village Phases I & II received were related | compliance. r Ito conntnuctiono\ading | ! / eadierthat authohzed � authorized. (T�m���� | | | o�hernnim�oonnp|ain�n| . to date (JuoodNoAhon (Jared 10/12/07) � ' Muffler, compressors, and generators shown on the Golf Club Plans • • | rioif p t/,5 @IijrTh • ___'-`, innt.44 • MM 4.1.3 The proposed �ray'sCooaningPho/todhe TovvnofTnuxkoo Vi||�geP|an� Four Stations MK . station shall be reduced in capacity to a adoption of the Community Company, confirmed by Dale 11/06 four station 8-pump station, which is Gray's Development (parent Creighton, SCO 10/06. more reflective of a neighborhood Crossing Department, company for fueling station. Specific Plan. Planning the Village Division. LLC) Henry Reed, (970) • L ________________ ____ • ]]849-8204. a . . . Grays . Responsible Location for 1 Responsible i Compliance Stat.,. iVerification! Mitigation Measure (MM) . Timing (Initials, ' | � i Agency Compliance 1 Party Month, �,w^ . | Department | | __-_'_-___� _ L_ l-__- | _-��_- -] MM 4A.4 As opposed to a membership only golf 1Prior to the ;Town of Truckee Agreement 1East West [The golf course is open MK [ course, the Gray's Crossing golf course loperation of 1Community between the Town Partners, Jeff [to the public on 11/07 I shall be operated to provide limited use Ithe Gray's [ Development of Truckee and the Butterworth, Tuesdays (per Joel to lodge guests, as well as the public. Crossing golf Department, golf course owners (530) 550- 1Baker, golf course I - This is known as a semi-private golf course. Planning or managers. 7052. [superintendent 1 course, meaning that the course has Division. The 2007 schedule [10/11/07). . I • members, but is also open to the public and fees are • | and allows outside play bv visitors oi i included inthe special times. An example would be I tabbed section of • | | that public tee times would be available | the binder. - two-and-one-half days per week: Wednesdays and Thursdays all day and Saturday from noon to 2 pm. Further, the Lodge will offer stay-and-play � • • packages guaranteeing special tee times daily for its guests. At all other | tinoeo'theoouroevvnu|drennuino . private course reserved exclusively for 1 - its members The specific details / • regarding public and lodge guest use . shall be worked out between the • applicant and the Town of Truckee. �__-- ----__-_'-- --�� __- KU��4.1.5 The project applicant shall nnodifvthe �Prior tnthe Tuvvnof Truckee See Trails Plan. SC{) Planning Trail connection is . MK proposed Gray's Crossing Trails PJan to'adoption of the Community Floating easements & shown on the Trail 04/00 provide connection between the 4' soft Gray's Development (to allow field Enginoering. iP|an�Cnmp|oted� surface trail adjacent to SR 89 with the |Crossing Department, adjustment as Martin Wood, proposed Class | bike trail 8diuCen�tn Specific Planning obstacles (530) Plan. ` ' Trails d Alder Dr�e.The Tomxnnf Truckee vviU Division. trees or rocks are 5841. ,`�~'^^"`,^�" nnakoa�na|de1emoinoUonofthe ' encountered during Fall ~^""" easement � . i will be recorded | construction) �`"" °' in plan's ' 2009 the intent of the adopted Town of been recorded. Truckee Trails Master Plan. IFinal euaennontS / vviUborecorded i once construction . is compete. ' �.Qapitiafil ici.t 010 K. | . | � Th*y' , :.eg.,4. , 1uy^.c4. . \ _______��_ .�_�__ . ������� � � ���� Grays Crossing Mitigation Monitoring 4 YNi�BadonN�asure Responsible Location ~~~ . ~� Responsible Compliance -~^~` 'Verification Compliance Party • . Department -------- ------------- -- ------- - ---------- ------�-�-- --�------- ` MM 4.1.8 All subsequent site plans and final • Included as I Town of Truckee Easement East West :Phase | Ill, MK maps shall conform to the provisions of I part of the •|Community information shown 1Partners, Jek/\fh)rdob|eHouoing 5/09 the Tahoe Truckee Airpo�Diohiot !approval 'Development Vn Final yN8pS Bu �8mvo�h completed Cu ' Comprehensive (CLUP) Department, Phaae|||ond||| /530\550 ` ' o ' I, III, ` ' 550- (see toindude, but not he|innhedto land maps. Planning Notes 6. 7O52 ` � � ' to, � ' � Grav'sCronoing use and height nenhio�unoof the CLUP | (Euoomond#04' (easement ' �/ Truckee Tahoe |` |naCnrded /0045040ORN[� i � irpo�Dinhict. and Dead ` 11/1/2004. � Restriction #04- Gray's Crossing deed . Foothill Airport |0048004 • restriction • ]Land Use [)B.N.ClA|ooaee • acknowledging • .Commission. 4.3.2a [ overflights recorded - . The Planning I 2005-20 requires . Ideed restriction cover . 1 . the Afford. Housing [the Village and I I compliance, Res.. :Affordable Housing [ 2007-08 requires • 1 the Village•Phases !Gray's Crossing I & II compliance. i4.2 TRANSPORTATION AND CIRCULATION ! MM 4.Z1 1. Fair Share Cost to be Paid. Prior to [1. and 6. Prior Town of Trubkee !Contract Engineer East West 11. Fair Share Cost 1. MK 1 the issuance of the first building permit ,to recordation Community 'is Bickett Partners, Jeff 1Paid. • 11/07 • for the project or the recordation of final1of subdivision 1Development Engineering. Butterworth, [Phase 1: 10/29/04 Paid subdivision maps (whichever comes • maps or the [ Department, ( 550- 1$210,587. first), the project applicant shall pay its iSsuance of [Planning 7052. Copies of checks 1Phase 2: 9/28/05 Paid 2 MK . fair share cost of improvements at the inifial building 1Division. [ I SR 267 / Northstar Drive and Donner , permit or the [ • and other 1$331,834. Complete. 1 10/06 documentation are Bickett :Phase 3: 4/6/07 Paid Pass Road / Bridge Street intersections:recordation of 1 Joint Study, included in the Engineering, $319,071 (includes ' as described in Table 4.2-15. ',the final 9 Phase 3b, Golf Club, 1 . 2. Signal Analysis. Prior to issuance of ;subdivision Truckee, Dan this binder. Bickett ( :and Affordable 13. MK ! the first Certificate of Occupancy or map. ) Wilkins (530) 477-9960. I Housing). Complete. 13 /P 9 I recordation of the Phase I Final 582-2902. I . Subdivision Map (whichever comes The Planning [ first), the project applicant shall conduct to issuance of Commission Res. 1Individuals/builders will i a signal warrant analysis at the SR 89 the first Placer County 2005-20 requires , I also pay traffic impact 14. MK Department of the Afford. Housing; fees when they obtain 110/06 • • 1 / Donner Pass Road intersection. - Certificate of Public Works. compliance, Res. 1 a building permit. 1 • . 1 Text in italics and underlined is not in the EIR. It is added here to identify the status of each element of the mitigation measure. Grays crossing Mitigation Monitoring 5 • • Responsible Location for Responsible Compliance Statues 1Veriticationl Mitigation Measure (MM) Timing Agency I Compliance Party , (initials, g y P y ; Month; & Year) 1 Department 3. Action to be Taken After Analysis. If [ Occupancy or 2007 -08 requires found by Caltrans to warrant !recordation of the Village Phases Caltrans. [ Development after 10- improvement, the project applicant [the Phase I I & II compliance. 1 -07 will pay one traffic shall construct a signal or roundabout Final at this location as described in Table ;Subdivision fee (AB1600) (not the 5 MK 4.2 -15. If a signal warrant is not met Map. p lus she building ilding fee. fee 10/06 9 plus the building fee. prior to Phase 1 construction, at the Rates have been Town's discretion, the project applicant 3. After signal ; [adjusted accordingly) shall be responsible for preparing a analysis is i i roundabout or signal design acceptable complete. u 3r1 t:7 <a +•tit,X ;6. MK • to Caltrans, posting a bond with the f q t " a tt 10/07 Town of Truckee equal to 125 percent • !Sp Y ^ - of the construction cost of the 15. Prior to and i Sglips iipt improvement, conducting a signal !during Phase II A3 tet , =t° ° >�. warrant analysis on an annual basis, as construction. 1 .3bain _ ° ir lnrs6 well as for construction of a signal or ; ° r °' Q - Ak" ' roundabout when warrants are 7. Fees to be a-[,-:_104 1�Jtl.fG 7. MK ![ ° v° ° . n t[2 t[2 ffiAtz 11/07 determined by Caltrans to be met. !paid after joint °ost- These signal warrant analyses will [stud is a'`?1i need to consider construction traffic complete. m•a (`eYxCrIY impacts. Finally, if a signal or Timing to be roundabout is not warranted prior to determined by 2. Signal Study. Phase 2 construction, the applicant will the Town A round about built be required to provide traffic engineer. instead. management at the intersection during ' those construction traffic periods at which average delay exceeds 50 3. Post Analysis Action. seconds per vehicle, or provide a JIin!a° a3ktarr construction traffic management plan ound- e •tri;(J that avoids this level of delay. , rb (off j • 4. Left Turn Lane 89 /Alder Drive / =: z-iil "t^7e�. Prosser Darn Road intersection. In a. a tpuqr- i• lia?' addition, prior to issuance of the first A $2,550,000 bond for Certificate of Occupancy or recordation the northern of the Phase I Final Subdivision Map roundabout has been for Grays Crossing Phase 1, the posted. The bond was applicant shall construct a northbound renewed in 2009 and left -turn lane at the SR 89 / Alder Drive now expires in 4/24/10. / Prosser Dam Road intersection. The o . c4t,,r• 'c`! , r427:t131o1 1 i applicant can alternatively construct a ,tl.,, •`4.10iet)[IF9T signal or roundabout at this location Grays Crossing Mitigation Monitoring • 6 Responsible Location for Responsible Compliance Status Verification Part • Mitigation Measure (MM) Timing p / Compliance Initials, g Y p Party Month, a Year) Department prior to recordation of subdivision maps „a = 4 tc! 'AI or building permits for Phase I, if ,e7rt 1 i i,r�t,rr_ a.;gycya' ki identified as appropriate by Caltrans 1 •t1nii - tri. based upon a signal warrant analysis. If 1 approval of a signal or roundabout is 1 not granted by Caltrans, the project 4. Left Turn Lane. applicant shall be responsible for 110/28/04 Paid I preparing a roundabout or signal $300,000 surety bond. design acceptable to Caltrans, posting • a bond with the Town of Truckee equal I GC worked with • to 125 percent of the construction cost I Caltrans to construct a of the improvement, conducting a temporary pass -thru signal warrant analysis on an annual lane on paved basis, as well as for construction of a signal or roundabout when warrants • shoulder. The the left 1 9 lane became the left . are determined by Caltrans to be met. ; turn lane. Eventually The applicant would have the the intersection will be opportunity to recover a portion of costs ! converted to a from fees collected in the future from ! roundabout. projects also contributing to future I traffic growth at this intersection, as 15. Phase II required by the Town of Truckee. 5. Construction Traffic Prohibitions. Construction Prohibitions. This • Finally, all construction traffic shall be !mitigation measure was prohibited from entering SR 89 from !written when the area Prosser Dam Road when exiting the south of Prosser Dam Phase II construction areas (exiting via Road and east of 1 -80 the Donner Pass Road access point), was labeled Phase II. unless a signal or roundabout is in This area is now Phase place. ( !ill and possibly Phase Please note that the SR 89 North / I !IV. The measure does Prosser Dam Road intersection and SR. i . not appear to be 89 / Alder Drive / Prosser Dam Road ' intended to prohibit I . intersection were analyzed as both • construction vehicles ' signalized intersections and as j working on the area roundabouts, as shown in the site plan. north of Prosser Dam ' In 2005 with a roundabout, both Road and east of 1 -80 intersections are expected to operate at from exiting Prosser I a LOS B or better for both the weekend � Dam Road onto SR 89. and weekday plus project conditions. 1 6 Re cipient of Fair Share Co sts. For , Grays Crossing Mitigation Monitoring . 7 Mitigation Measure MM Timin l Responsible. Location for Responsible Compliance Statue I Verification g ( I g A gency/ Compliance Party Mon n'a Year) • Department • • t he purposes of determining the project's fair share cost, the percentage Many of the Phase III • vehicles used Prosser j the Gray's Crossing project contributes ,Village Rd. to access I- to the total future growth in PM peak 180. there have been hour total intersection volume at each no complaints (10/06 ' • intersection requiring mitigation is co Northon pers. comm.) presented in Table 4.2 -16. None of the improvements identified above are I included in the existing Placer County or Town of Truckee Traffic Fee • 6. Recipient of Fair Programs. The fair share cost t Share Fees. improvements within the Town of 1For fees collected Truckee shall be paid to the Town of ' before the 10/1/07 fee Truckee. Similarly, the fair share cost tot • i revision, the Town of improvements within Placer County Truckee paid Placer shall be paid to Placer County. County a portion of the 7. Town of Truckee and Placer County !Fair Share fees once I Joint Study. However, please note that (amount of the Town of Truckee and Placer improvements in Placer County are currently conducting a joint ;County were ! • ; study of a potential joint regional traffic determined. impact mitigation program, which could • mitigate the impact of planned growth ' 7. 10/17/07 Per Dan on these regional facilities. The timing Wilkins a revised traffic • . of this project may provide an impact fee program opportunity to mitigate identified • (AB1600) has just been impacts to regional transportation implemented (see i facilities through a larger coordinated program. Therefore, if a regional traffic ip d by the a V The fees impact fee program is implemented by ;paid by Village 'commercial center and the Town of Truckee and Placer 'Deer Trail Townhomes County and all the intersections • I Units 9 -13 will go identified as requiring mitigation in this � toward the revised i EIR are contained in this fee program, program. (This the project applicant shall pay the ro riate amount into this fee measure does not pP P a apply to fees paid in ' program prior to the issuance of the the past) first building permit for the project or the recordation of final subdivision - maps. The project applicant's fee will see MM 4.2.8 be determined by the methodologies Grays Crossing Mitigation Monitoring 8 Miti anon Measure MM Timin Responsible Location for Responsible Compliance Status Verification g ( g Agency/ Compliance Party pn ilals, , Department • Month SYeari -- -- -- -- -- - -- • adopted as a part of the regional fee program. If some of the roadways or intersections identified above are not contained in the fee program, the ! project applicant shall pay its fair share • to the additional improvements. MM 4.2.7 As shown in Table 4.2 -19, a draft , Prior to or in Town of Truckee Calculation shown East West $210,587 for Phase I , MK calculation of the Town of Truckee ,conjunction with Community in tabbed section of Partners, Jeff fees paid; : 5/09 traffic mitigation fee estimates the the issuance of Development this binder. See Butterworth; $331,834 for Phase II project applicant will be required to pay ',building permits Department, MM 4.2.1. ; (530) 550- fees paid: approximately $1,926,821 to the Town I or the Planning 7052. $319,071 for Phase III of Truckee in the form of a Traffic recordation of Division. fees paid 4/6/07 Mitigation Fee prior to the completion of•final subdivision (includes Golf Club, • . the project. However, this fee is subject maps. and Affordable to change and shall be collected prior i • land to or in conjunction with the issuance of building permits or the recordation of Deer Trail Townhomes final subdivision maps. Therefore, • F :, paid traffic fees when these fees will be incrementally applied the building permits to the phases of development when were issued [ Building building permits are issued. - �#4 fees: traffic impact $4,163.40 & traffic engineering $462.60 and Building #5 fees: . traffic impact $2,775.60 • '& traffic engineering ' _ $308.40) 1T j.equ -41'0far Vl(EJ' 1 " A•rwt i� :.�jlt l'' 10 • 11;;:* I tS+!Ut YA(ili; ri 1 _•Are• o _ p'(da',!!i!^; -i t i V;940 - p)- Atifirt:poi - ! Y`rkttt:. i MM 4.2.8 The Town of Truckee and Placer Prior to Joint Study, Town of Truckee, East West See MM 4.2.1 item 1 MK i County are currently conducting a joint ! issuance of Town of Public Works Partners, Jeff for fees paid, Item 7 for ! 10/07 study of a potential joint regional traffic building permits Truckee, Dan Department, I Butterworth, !joint study. 1 impact mitigation program, which could recordation of Wilkins (530) !Engineering (530) 550- Grays Crossing Mitigation Monitonng 9 • Mrti ation Measure MM Timin Responsible Location for . Responsible Compliance Statt !Verification g ( g Agency / Compliance Party i it " t Department Month, 6 Year) mitigate the impact of planned growth final subdivision 582-2903. ;Division. '7052. 10/17/07 Per Dan a - on these regional' facilities. The timing maps, revised program was of this project may provide an ' implemented 10/1/07 I • ! Placer County ! p opportunity to mitigate identified AB1600 . The revised Department of impacts to regional transportation Public Works. l program eliminated the facilities through a larger coordinated ! "fairshare" fee and program. Therefore, if a regional traffic ;raised the traffic impact impact fee program is implemented by fee paid when building the Town of Truckee and Placer permits are issued. The County and all the intersections and identified as requiring !revised fees will remain roadway Y 9 9 I in the Town instead of mitigation in this EIR are contained in j ;being shared with this fee program, the project applicant ! Placer County. The shall pay the appropriate amount into (fees paid by the Village this fee program prior to the issuance commercial center and . of the first building permit for the project Deer Trail Townhomes or the recordation of final subdivision ! ,Units 9 -13 will fall maps. The project applicant's fee will .iwithin the revised be determined by the methodologies i program. adopted as a part of the regional fee program. If some of the roadways or intersections identified above are not i contained in the fee program, the • project applicant shall pay its fair share to the additional improvements. If such a fee program is not in place, prior to the issuance of building permits . or the recordation of final subdivision I maps, the project applicant shall pay its fair share cost of improvements at the SR 267 / 1 -80 Westbound Ramp, SR 267 /1-80 Eastbound Ramp, SR 267 / Brockway Road, SR 267 / Airport Road / Schaffer Mill Road, SR 267 / Northstar Drive, Donner Pass Road / Pioneer Trail, Donner Pass Road / 1 -80 Eastbound Off Ramp, Donner Pass ! Road / Glenshire Road, Donner / Pass i Road / Bridge Street, and Donner Pass Road / West River Street intersections, as well as its fair share to the cost of Grays Crossing Mitigation Monitoring 10 Miti ation Measure MM Timin Responsible Location for Responsible Compliance States. !Verification g ( I g Agency! Compliance Party ; nm Department Month, , & S Y earl'i • widening SR 267 and Schaffer Mill Road. The cost of these improvements will be determined by the Placer • County and Town of Truckee Public • Works Departments. • However, the project applicant must construct either a signal or roundabout • at the SR 289 / Alder Drive and SR 89 /j D • onner Pass Road intersections, as identified in Mitigation Measure 4.2.1. The project applicant may request _ j reimbursement from other developments for these improvements. The specific improvements needed at each intersection are described in Tables 4.2 -33 to 4.2 -34. Please note that the SR 89 North / Prosser Dam Road and SR 89 North / • Alder Drive / Prosser Dam Road intersections were analyzed assuming • the provision of both signalized intersections and roundabouts (as • shown in the site plan). In 2023, the • roundabouts would operate at a LOS B or better under all scenarios. An analysis of the LOS of roundabouts if they were placed at the accesses along Prosser Dam Road was also - F conducted. It was determined that a single -lane roundabout with an inscribed circle diameter of 100 feet and a 16 -foot circulating width would • operate at a LOS A in 2023. Please note that the SR 89 North / t Prosser Dam Road and SR 89 North / • Alder Drive / Prosser Dam Road i intersections were analyzed assuming • the provision of both signalized • intersections and roundabouts (as • shown in the site plan). In 2023, the • ; Grays Crossing Mitigation Monitonng • 11 . Responsible Location for Responsible ! Compliance Status 1Verification Mitigation Measure (MM) .• ! Timing i (Initials, Agency / . Compliance Party . ! Month, & Year) • or better under all scenarios. An • • analysis of the LOS of roundabouts if ' 1 . Prosser Dam Road was also conducted. It was determined that a i ' . • single-lane roundabout with an . � inscribed circle diameter of 100 /eet | | and a 16-foot ci |oU width would \ operate at a LOS A in 2023. . MM 4.2.9 Prior to the first building permit or Prior to Town of Transit Plan LSC, Deferral Agreement MK recordation of Final Subdivision Map i issuance of Truckee. prupuredbyLSC Gordon between developer 0/09 i | | under Phase II, the p ject applicant building for East West Sham/(53O) | and Town of Truckee shall prepare a transit plan identifyin permits or the Partners. 583-4053 / completed | • • | methods and equipment necessarytb recordation of 10/25/2005. The provide transit services for project final |Thep|anning- agreement states that residents, guests, and subdivision the Transit Plan nouSi ' ' � CononoiSoionRoo The plan shall also idendh/nnSit8 maps. | • Res. be identify 2005-20 requires improvements required to facilitate Deferral the Afford commercial building efficient transit operations. Agreement Housing oraffordob|ohousing • services shall provide transportation between East | compliance, Rea , occupancy .e.»«hen to downtown Truckee and provide / ' � (i West 2006-09 requires pedestrian traffic will connections to private and public Town of the Village occur). i||ag�Cen�er «u«uh tronsi\prnvidnra The / Truckee / providers. compliance, Ren shall bereviowx�d and approved by states that the 2007-08 requires the Tovvnuf Truckee Public VVorko Transit Plan the ''||ageq � | Th*Trannitp|a»huo Dirootor andmayuonoiderprogrumo / mustbe ,' o�enprepereouno \hu�S�`�o�h�rexintingandp|onnod completed Phenno|&|| approved AO developments -`in(hono�h*antpo�ion prior to compliance. • -�('*w^^ o/ Truckee. |n addition, the plan ShoU commercial ,*x,wv�w�rpem« accomplish the following: building or | transit stop located at | | the south end of the affordable vi||8gennainnnod a) Identify the future transit demand housing across from Henness that will result along the SR80 occupancy Flats has been bui|t� ' No�htunidnrupon build out of (Lo-when the area and determine whether Pedestrian transit ervice is warranted traffic will i i • based upon the level of demand. ' occur). • b) Identify the level of service (frequency, days and hours of • i . service) � • Grays Crossing Mi Monitoring 12 Mitigation Measure (MM) Timing Responsible Location for Responsible Compliance Stews Verification 9 ( g Agency / Compliance Party (Initials, 9 Y p Y Month, & Year) I Department warranted demand I • c) Identify the project's fair share I I j cost of providing the required I transit service. This shall include I I both capital and operating costs I I . of the service. I I d) Identify the period (number of j I years) that the project will be i ' i required to partially fund the , • transit service operation, which • shall be used to calculate the F • present value. r — - — 4 3 NOISE MM 4.3.2a It is Truckee Tahoe Airport District Prior to , Town of Nevada County I East West Completed. j MK policy to obtain an aviation easement j development. Truckee. Records. Copy of Partners, j 10/07 over any land proposed for the recorded Jeff Gray's Crossing development that lies within 10,000 easement and Butterworth, easement recorded j feet of a runway - referred to as deed restriction in (530) 550- 11/1/2004.. Safety Area 3 in the CLUP. Such an tabbed section of 7052. • easement should be obtained from all . this binder. Gray's Crossing deed future noise - sensitive land uses (Easement #04- restriction . within Gray's Crossing, which would 0045640 O.R,N.C., and acknowledging • be affected by the Airport District Dead Restriction #04- overflights recorded Y P ooasosao.R.N.c.> 11/3/2004. Policy. The Planning j Commission Res. I 2005 -20 requires I The easement and the Afford. deed restriction cover Housing the Village and ' compliance, Res. Affordable,Housing • 2006 -09 requires areas as well the the Village Center ' Gray's Crossing I compliance, Res. development. 2007 -08 requires It is also shown on the Village sheet3 of the Village Phases I & Final Map . compliance. I MM 4.3.2b Policy 1.3 of the Town of Truckee Building Town of See the General East West ' JC6)i4Sa' ff tk1t to`fnx MK General Plan Noise Element and permit review Truckee. Plan Noise Partners, + k. a'uiwa .trap 'KA /SNa 6/09 Section 18.44.050 of the Truckee 1 and Element Location Jeff I ?r`�t1,x *. Ne to Grays Crossing Mitigation Monitoring - 13 � . Responsible i Location for Responsible , Compliance Status 'Verification: Mitigation Measure (MM) , . Timing (initials, 1 , Agency / ' Compliance 'Party I Month, 8, Year) 1 I • • Draft Development Code require compliance. . Map for area in Butterworth, r Ctiffi rrIZ7671115175 - I proponents of new residential . question. (530) 550- ...Ld Deptj developments within the 55 CNEL 7052. • contour of Truckee Tahoe Airport to • • . The Planning evaluate aircraft noise and• Commission Res. - incorporate mitigation that is 2007-08 requires sufficient to bring interior levels to 45 • the Village CNEL. Such evaluations should be Phasesl& II to • conducted for all noise-sensitive comply. . development located within the future , 55 dB CNEL contour of the Truckee ' Tahoe Airport. MM 4.3.4 Construction activities shall adhere to During Town of Construction Q&D See MM4.1.1e. MK the requirements of the Town of construction Truckee. Drawings. Cunutroohon —� ' �m8v|`� 5/09 | Truckee m/ithrespect to hours nf activities. Phases 1,11,111, Brian ~ = operation, finr muffling | Affordable Graham, � ` ` n sm� �mg.�� ` �^�~~~~~ ~�~�~��, �� combustion engines and | Housing, and (775) | ' . ` ' factors, vvhiohaffect onnekuodun Golf Club. 7105. � . ^1`° noise generation, and its effects on Additional noise-sensitive land uses. General Notes 3. • • ' The Planning Commission Res. • 2005-20 requires | the Afford. | I . Housing | , compliance, Res. � | • 2006-09 requires ' • | | the Village Center ' compliance, Res. • 2007-08 requires the Village , | Phases /mn compliance. , . .� . • ' . Grays 14 Responsible Location for Responsible Compliance Status Verification! Mitigation Measure (MM) • Timing A gency / ! Compliance. party ' (Initials, Month, 8 Year) ' Department 4.4 AIR QUALITY MM 4.4.1a Place dust control mitigation Incorporate Town of First bullet East West NSAQMD's letters for I MK I. requirements in all construction as a condition. Truckee addressed in i Partners, Phase I &ll letters I 5/09 i contracts. All construction contracts of grading Community NSAQMD's Rich and notes in Phase I, will require the following: and / or Development Phase I &II Wagner II, Ill, Affordable • All construction activities would construction Department, letters. See (530) 550- Housing, Village be subject to the requirements of permit Building tabbed section of 7058 Roads, Townhomes the NSAQMD's Regulation 2, issuance. Division. this binder. Units 9 -13, Natural Rule 226 regarding dust control. Last 10 bullets Q &D [ Resource • Alternatives to open burning of are included are Construction Management, and ' vegetative material on the • included in Brian Golf Club drawings project site shall be used unless Improvement Graham, completed. ' yit ri- deemed infeasible by the Plans Phases I, JktR i ,NrilleU` NSAQMD. Suitable alternatives (775) 786- a ikirtfd�Cat as trit II, Ill, Affordable 7105. are chipping, mulching, or Housing,,and ' °lit'Aiiribilq conversion to biomass fuel. • Golf Club, Aiiiwo `= ;. r sal; Contractors shall be responsible !`9 • P General Notes 8 oil • for ensuring that adequate dust and Grading -Dust control measures are Suppression o • • ,rig; e , implemented in a timely manner Notes 1 through , , , during all phases of project 10. • development and construction. • , . • , • • All material excavated, • The Planning stockpiled, or graded shall be . • sufficiently watered, treated, or Commission Res. 2005 -20 requires covered to prevent fugitive dust q from leaving the property • I � the Afford. boundaries and causing a public • • Housing nuisance or violation of an compliance, Res. ambient air standard. Watering 2006 -09 requires should occur at least twice daily, the Village Center with complete site coverage. compliance, Res. • • All areas (including unpaved these 2007-08 e Villa requires roads) with vehicle traffic shall Phases s I i l & II be watered or have a dust compliance. palliative applied as necessary for stabilization of dust emissions. ' • All on -site vehicle traffic shall be limited -to a speed of 15 mph on I Grays Crossing Mitigation Monitoring 15 Mitt ation Measure MM Timin Responsible Location for I Responsible Compliance Status Verification 9 ( 9 enc / Compliance Party (Initials, ' A 9 .7 f Month, & Year) • Department i unpaved roads. • All land clearing, grading, earth moving or excavation activities shall be suspended as F necessary to prevent excessive windblown dust when winds are expected to exceed 20 mph. • All inactive portions of the construction site shall be ! I covered, seeded, or watered j until a suitable cover is j established. Alternatively, apply ' County- approved non -toxic soil • stabilizers (according to manufacturers specifications) to i all inactive construction areas i (previously graded areas which remain inactive for 96 hours) in accordance with the local • grading ordinance. Acceptable I • materials that may be used for chemical soil stabilization include petroleum resins, asphaltic emulsions, acrylics, and ( adhesives, which do not violate Regional Water Quality Control Board or California Air Resources Board standards. I • Paved streets adjacent j construction sites shall be swept I or washed at the end of each i day, or as required to remove I i excess accumulations of silt and • / or mud, which may have resulted from activities at the construction site. I • All material transported off -site shall be either sufficiently F watered or securely covered to prevent public nuisance. • Re- establish ground cover on Grays Crossing Mitigation Monitoring 16 • • __ yNiUgadonYNeanune(N1YN) Timing Responsible -- �``~--~� Responsible --- - (Initials, I Agency Compliance Pa | � Department __--- L -___- __-- --_- the enothrough seeding and � . watering in accordance with the • _ |ona|!�radin�ordinanoe� � ---------- ---�--- ---- |-�----------'-����------- -- --�----------- —� �- ---- -------- MM 4.4.1 b Place equipment and vehicle . Incorporate Town of |(}&D East West Q&D letter complete. MK mitigation requirements in all as a condition Truckee Construction Partners, | 5/09 construction contracts. of Community letter Jeff ' � ' The Golf Club Plans . construction contracts will require the and / or Development 11/9/05 verifying Butterworth, ' list | sneqoirennent following: | onnstruntion � Department, ongoing (530) in(�enero|Notes#4 � � � • Contactors shaUprovide aplan permit Building compliance. 7052 �``^`~|�|��````^` forapprovu|bvtheNS/\Q��D | insuan»o Ok�oion En�ni|ver�vng � ' �-~~, '`~`~ ' issuance. Division. '� | Trail Townhomes demonstrating that the heavy- | Phase || and III Q&D Units 9-13 and duty (>50honsopovvoh off-road / compliance dated Construction Affordable Housing vehicles to be used in the 11/30/07. � Brian do not.) construction project, including • Graham, owned, leased and " The Planning (775) (706' • suboonkaotorvehicles, vviU Co | Commission Res. | `10 ����� ������ achieve a pr �ootwide�eet' � 2005-20 | ' "� ' �`/. eg'���0K�M�� ' s�� ' �s. averag�2Opero�niN(}x | the Afford. ' | »ss«' reduction and 45percent Housing ' wwnmmnm«ueen'■;ayom | particulate reduction compared ' compliance, Res. mmn^ , to the most recent CARB fleet | 2006-09 requires . . average at time of construction. the Village Center ri CO Pi ttf.T i fu/aq / Acceptable options for reducing compliance, Res•titr?)5 | emissions � 2007-08 ��l������m�'��� ' � late model engines, low- • • the Village | emission diesel products, Phases alternative fuels, engine | � . compliance. technology, products, and /or other un�onn / • as they become available. • Properly maintain all mobile and . stationary equipment. ! MM 4.4.3 Incorporate the foll i Incorporated Town of Village Site and East West Note-all Final FIR as a condition of approval for as a condition | Truckee Golf Club Site Partners, | Mitigation Measures l of uubpequentoitop|ansand/orfina| of Specific Community Imply. Plans. Jeff have been included lApprv. maps: Plan Development Butterworth, the following MK | approval. Department, ' (530) 550- Conditions of 11/07 • n�qux�mu�uo800xu/�� either � Residential Town Building Approval pxvuo�/yvvv//�uv/`mumxu/�v�*/ elements are 7052 / � / fleet, beeleohica|k/povvorod� Truckee Division. included T»«vn»fTruckee | 1 | ' AnoondodResn|utiun • Provision for onaihe and ofhsito Community Grays Crossing VVhght& 200354_Gru ___, Grays Crossing Mitigation Monitoring . 17 • • Miti ation Measure MM Timin Responsible Location for Responsible _ Compliance Status Verification g ( I g Agency / Compliance Party j Month, j Department bus turnouts, passenger Development ! Golf Course CC &Rs Section Company, • Crossing Devel.) benches and shelters as. Department, Village Site 6.13, page 56 Henry Reed, (Item #26 Town of demand and service routes j Building Plan, and the (recorded with (970) 949 - Truckee Amended • warrant, subject to review and Division will Golf Club Site Nevada County 6204. Resolution 2005 -20 - approval by local transportation confirm Plan will be (document Afford Housing) (Item planning agencies. individual reviewed by #2004 - 004 -6954) Afford. j #13 Town of Truckee • Require the installation of secure residential the Town of also see Design Housing, Resolution 2006 -09 — bicycle parking facilities at elements as Truckee Review Don Village Center) (Item project commercials areas, pad of the Community Committee Letter Slattery, #43 Town of Truckee apartments and multifamily plan check Development dated 12- 6 -07.. Pacific Resolution #2007 -08 housing units. process. The Department, Commun- — Village Deer Trail • • Require that residential garage Town will tag planning Dept. Affordable / ities, (208) Townhomes Units S- have electrical service that would all of the Employee 461 -0022 13 ) single family x3023 Because the allow installation of electrical car Housing Plan and • recharge outlets at a later date. parcels to I CC &Rs. mitigation measure ensure only requires that • • Require outdoor outlets at • compliance Townhomes P these bullets be residences to allow use of CC &R The Planning Architecture, ' included in the electrical lawn and landscape compliance Commission Res. Resorts Conditions of maintenance equipment. will be part of 2005 -20 requires Design, ;Approval, the • Require that natural gas be the the Afford. Tiffany Lynn Conditions of available in residential backyards Housing (415) 392 - Y Homeowners 9 Approval, not this to allow use of natural gas -fired Association's F compliance, Res. 4433 mitigation measure, barbecues. Design j 2006 -09 requires would require • Electrical or alternatively fueled Review the Village Center enforcement. equipment should be used at the process. compliance, Res. However, Afford. golf course and by any j 2007 -08 requires Housing has bike Community Services District for ! I the Village racks, and a maintenance of the area under Phases I & II playground, but no its jurisdiction. compliance. garages, outside • Increase wall and attic insulation Bus turnouts are electric car plugs, gas beyond Title 24 requirements. shown on the barbecue lines, or . i Village Road picnic areas. Village i • Improvement Townhomes have i Plans. The addressed natural Village On -Site • F gas mitigation. • Commercial Bldg Village commercial j Plans & the Center building A, B, j Tentative Map & D are expected to ! have bike parking exceed Title 24 in facilities. I overall energy j Grays Crossing Mitigation Monitoring 18 , / | Responsible Compliance Status �«°/a yNiUBuUonYNeanure(yN[N) Timing Location ^^ Responsible Agency Compliance Party Month, p � | �n*^ ____ __ | Department ____� ________ - � / 8ik*ruoknao� ««»«*»sm»». | . shown �onUle | | | � Village ����fsp/w"�ux 'Rea • � | commercial area � �(���0��"����a�� landscape plans. / tot it^.1&- 0er*ig :KS; L'.1CAxt;wQ'f." J�� ix@.M� / l yW 014/�4a The Conditions of Approval and Incorporate Town of CC&RSArhde East West Included in the MK CC&Rs for the p ject shall either as a condition Truckee VI, Section 6.23 Partners, conditions of ' 5/09 explicitly forbid the installation or use of site plan Community CC&Rs recorded Jeff approval. Complete of wood-burning devices within any and/0r Development with Nevada Butterworth, for Phao*|. II, &III. portion of the pr ject (natural gas | tentative map Department, County (530) 650' CC&Rs restriction fired decorative fireplaces would be approval. Building (document 7052. applies to all of the allowed). OR Division. #2004-004-6954). single family homes, As an alternative, the applicant may | � (CC&Rs for theVi||age.andtho ! | . coordinate with the Town of Truckee NSAQMD. Phase I, II, &III affordable housing. and the NSAQMD for opportunities to are the same; • The only exception is reduce wood-burning emissions therefore, the the lodge. created elsewhere in the air basin to restriction applies ' off-set new emissions generated by to all of the single . the use of individual wood-burning family homes, the . | devices within the project. Under this | Village, and the option, the Conditions of Approval | affordable | ' and CC&Rs for the p ject would still | housing. The only | . forbid the installation ofopon'hondh , exception is the ' | fireplaces or multiple wood burning lodge.) | � . . devices. However, a single wood- burning device would be acceptable . - Final Map Phase in the event that an equal reduction hanbeonaohievede|S*mheneinthe � |&Unote8�Finu| | / Map Phase III | basin, and the devnevvnu|dG|�o device noto|0 � neoUtnnneetEPAPhuseUntendandS orbeMer�Fu�hor.m/uod,bunning ' devices must be installed in The Planning • accordance with Town of Truckee Commission Res. regulations. Each residential unit and 2007-08 requires occupied commercial building shall the Village ' not emit more than 7.5 grams per Phases |&||(o ' hour of particulate matter. 1 _--�comply. -_------__-.__ Grays Crossing Mitigation Monitoring 19 . ! ' � Responsible Location for Responsible Compliance ;Verification Mitigation Measure (MM) Timing / Compliance '��, ������� (Initials, Agency r Party m* &/oa) Department • � | m^ ___-_ ____ —_ ' ] Bike racks are conservation. 1 shown on the Village . Need 15 do that I • | commercial area the building checks 2 landscape plans. ~.RMn~" during ctibigagr • ���� MM 4.4.4a The Conditions of Approval and Incorporate Town of CC&RS Article East West Included in the MK CC&Rs for the pr ject shall either as a condition Truckee VI, Section 6.23 Partners. conditions of 5/00 explicitly forbid the installation or use of site plan Community CC&Rs recorded Jeff approval. Complete of wood-burning devices within any • and /nr Development with Nevada | ButtenwoAh, for Phase |. II, &Ill. portion of the pr �eo1(nntura|gau tentative Department, County (530) | CC&Roroo�iodVn ' (natural � | | fired decorative fireplaces would be | approval. Building (doou. "' en1 7052. applies to all of the allowed). O | Division. | . #2004'004-6054). single family homes, As an alternative, the applicant may ' (CC&Rs for / the Village, and the | | coordinate with the Town ofTruokeo ' Phase || &||| affordable ouoing � NSAO��D� ' ' � and the NSAQMD for opportunities to are the same; The only exception is reduce wood-burning emissions therefore, the the lodge. | created elsewhere in the air basin to restriction applies . off-set new emissions generated by to all of the single � the use of individual wood-burning family homes, the | • deyices within the project. Under this Village, and the option, the Conditions of Approval affordable and CC&Rs for the p ��C�vvou|dnti|| | housing. The only ' • forbid the installation of open-hearth exception is the | fireplaces or multiple wood burning lodge.) / | devices. However, a single wood- burning device would beaooeotallo acceptable Final Map Phase in the event that an equal reduction |&U note 8Fina| | has been achieved e|nevvhonointhe | � . Map Phase III basin, and • ! ' noto|0 ' n*ed|on�eet EPA Phase ||standards | � or belier! Further, wood-burning devices must be installed in The Planning accordance with Town of Truckee | Commission Res. regulations. Each residential unit and 2007-08 requires occupied commercial bi|di hU I the Village Phason|&U�o not `�—'more than 7— grams per h of particulate � our matter comply. Grays Crossing Mitigation Monitoring 19 . . __ Responsible i Location for Responsible i Compliance Statu 'Verification Mitigation Measure (MM) Timing ; (Initials, __-----_ MM 4.4.4b The project applicant and Town of Incorporate Town of Town of Truckee East West $20,373 for Phase I MK Truckee shall negotiate a mitigation as a condition Truckee C0nn.Dova|. Partners, paid 11/03/04. 11/07 ■ fee, as outlined in Strategy 3 of the of final map Community Department, Jeff $38.802 for Phase || | PM Air Quality Management Plan, to / approval. | Development | Planning Division. Butterworth, paid, Town of • be paid as a means of off-setting | Department, The Planning (530) 550- | Truckee receipt project road dust impacts. The offset . Building Commission Res. 7052. #5000. / . shall be proportional to the fine and Division. 2005-20 requires $1G205OOf0rPhua� | coarse pa�iou|oteno8tterennissions | the ' ' Afford. III paid generated by the project. Aoen Housing example, collected funds may be compliance, Res. $15,836.90 paid for used for improvennenior expansion of | 2006-09 requires r ' Afford Housing street sweeping programs in Truckee. �heyi||ag*an Ch�Ck#271Truokoe Center receipt #5696 . onnnp|ionoo`Rey. . . 2007-08 requires $30.018 for the | the Village . Village grocery, � \�||agogruo�ry ' Phases I &U buildings | | compliance. townhomes paid 7/17/07. • . | ��0 , - _� • w=�� MM 4.4.5 to construction of the se -- Prior to Town of Village Site Plan. East --` ~^`'~— MK station, the p ject applicant shall construction ' Truckee Jeff mil �J� � dl«WU�@l 5/O8 obtain a permit from the NSAQMD of Community Butterworth ' � The `"^""^�'` ` Prior t000mnoenning construction of station. Development (530) � � the fueling ot8Uon the Department, Commission Res. | ` 05 ��e '� station, ` 2007-08 requires ' � ^� "° �r` calculate hskessessrnentbased on / Building �3r/l�vK/�iU� the Village throughput and proximity to Division. 0���;�w0\��\�a� � Phaoon|&||to �`^`` receptors. The applicant shall provide onnop|y | ���&V,/ documentation of the permit to the | � ��(-.4-2-iir?i1e4|/flitil Town of Truckee. *@! MM 4.4.6 in the draft EIR table, but not the Final EIR errata identifies ozone related i • cumulative air quality impacts as • | | significant and unavoidable. Town Council Resolution 2003-54 approved / a Statement of overriding i 4.5 GEOLOGY, SOILS AND HAZARDOUS MATERIALS . 1 MM 4.5.2 During construction activity, the : Prior to , Town of Construction ! Q&D Measures are I MK Grays Crossing Mitigation Monitoring 20 Responsible Location for Responsible .Compliance Statu. IVerification Mitigation Measure (MM) :•• , Timing I (initials. project applicant shall adhere to the . approval of Truckee Drawings. Construction shown on the Phase ; 10/07 1 recommendations provided by grading plans Community ; . Brian I, II and III, . • H & Kull for mitigating seismic and during Development Graham, Affordable Housing, • February 18, I hazards, including: construction Department, (775) 786- Golf Club, Village I 2003, November I • Buildings shOuld be constructed activity. Building, and 7105. Road and Deer Trail . 16, 2005, March I in accordance with requirements . Engineering Townhomes Units in the Uniform Building Code for . Divisions. 9-13 , and the Seismic Zone 3. Natural Resource Reports for each • In general, design of cut or fill • Management Center Town of of the plans . slopes shall be no steeper than construction Truckee Public prepared by Works Holdrege & Kull. ; inclinations should be evaluated on a case-by-case basis. All fill . Department. The Planning • ‘. - , should be observed and tested Commission Res. •-s(ifiii,;;Akti--.1, i, VI • by a qualified geotechnical 2005-20 requires . engineering firm. . the Afford. a Ti o i i .1<iiiIiii OW.' • In the unlikely event a Housing .izo s miliiitfiiii liquefaction; potential is identified compliance, Res. . • 2006-09 requires . during construction activity, the developer shall take appropriate ; the Village Center mitigative steps, including compliance, Res. consultation with a qualified 2007-08 requires . geotechnical engineer for the ; the Village use of appropriate foundation • . Phases I & II types, compaction of fill under compliance. controlled conditions in accordance with specifications • • of a site-specific geotechnical investigation, and subdrains installed in high groundwater . . MM 4.5.4 The applicant shall have a site- Prior to Town of February 18, Q&D Phase I, II and fll, MK ' specific geotechnical engineering approval of Truckee 2003, November Construction Affordable Housing, 10/07 report prepared by a licensed grading plans. Community 16, 2005, March Brian Golf Club, Village engineer. Subsurface investigations Development 3, 2006, Graham, Road and Deer Trail shall be conducted and appropriate Department, Geotechnical (775) 786- Townhomes Units geotechnical analytical work Building, and Reports for each 7105. 9-13 , and the performed in order to define Engineering of the plans Natural Resource . - characteristics of underlying earth ; Divisions. prepared by Management Center East West materials and conditions, including Holdrege & Kull. ... . IMprovement Plans groundwater. The report shall povme /eq«o e • Town Phase | and U| Jeff compliance | � �— r_ ' Grays Crossing Mitgatton Monitoring 21 . : Responsible Location for 1 Responsible : Compliance Statub i Verification I Mitigation Measure (MM) . Timing I (Initials, Agency / Compliance . Party i — --� a comprehensive list of geotechnical | • Truckee Public Affordable BuUenmndh, with the report • engineering recommendations for | Works Housing, Golf (530) 550- recommendations. � grading activity, including clearing Department. Club, Village 7052 and grubbing preparation Road . ''•ct|{���1���`1�| p|aDerneVt Trai|TVvvnhonnou - 1:446^`@,°0o"}�� � UUdepth, cut /�|| slope grading, Units Q-13.and underground utility trenches, / � the NRMC | construction dewatering, surface Improvement water drainage, and construction Plans require monitoring. In addition, the compliance with geotechnical investigation shall the report | pnovideveoommondationnfor recommend- structural innproven�*ntdesign | ations. criteria, including � or / ` ' The ` seismic design - /8 criteria, Ren. floor systems, retainin ll design 2005-20 requires criteria, and pavement design. All | the ` | � grndingand structural ionprnwennent Housin g g • design criteria recommendations compliance, Res. shall be incorporated into the final 2006-09 requires proposed grading plan and structural the Village Center improvement designs for the Gray's compliance, Reo. Crossing project. 2007-08 requires the Village Phases |&|| • uunn|i ���������� �� � ��������� • • • � • ' • . • . • . . Grays Crossing • • Responsible Compliance • YNitiSatinnyNeasuro(yNYN) Timing ��``'~~~~ Location ~' �~ � ' ���s —� Party ! Month, & Year) 1 • • • . Department • NY8U4.5.7 Prior hn approval uf subsequent site Prior to Town of October 2U.2004 East West Completed October i MK plans and / or tentative maps, the approval of Truckee Environmental Partners, | 20, 2004. 10/05 project applicant shall prepare a Final Map. Community Assessment Jeff Phase 1 Environmental Site ' Development R8pn�for the Butterworth, N0r8m8di�tiun ASSennnoen\for the pn4eot.The | Department. entire /53U)550 AssesnnoentohaUbe conducted in development (all (530) necessary, per • ` � - report. • accordance with the American phases) prepared Nevada ' Society by ` County ��' . • . (ASTM) Kull. ' Department of � guidelines. If in the course of the / Envinjnnoenta| The Planning Assessment substances are detected at concentrations that could pose a • Health. Commission Res. 2805'20requires ' ' | health remediation | | � hazard, �hoA�onj. affected area shall boundeKakonin � ' Houning a000rdanoevvi�hthenoquirennentoof ' compliance, Res. • � the California Department of Toxic | 2006-09 requires | | | Substances Control and State of | the ViUageCenter California, Regional VVatmrC>ua|ity • � compliance, Res. Control Board, Lahontan Region 2007-08 requires (Lahontan). ` ' the • . Phases l& II • compliance. 4.6 HYDROLOGY AND WATER QUALITY MM 4.6.3a Prior to grading plan approval, the Prior to . Town of Stormwater Q&D Permits obtained for 1 MK applicant shall submit a Notice of grading plan 1 Truckee Pollution Construction Phase I, II and III 5/09 Intent (NOl) for Coverage to the State approval. Department of Prevention Plan Brian (including Village, Water Resources Control Board • Public Works. (S\A/PPP) for the Graham, tovvnhornoS.Natural (SVVRCB) under the State (�anero| ' Phases I, II, & III (775) 786- Resource Construction Activity Storm Water (including 7105. ��anag�no�n�Araa State Water ` Village, � Area, Permit. townhomes, and | | Resources ' Club) • | | Natural #6A20C328803 Control / #6A29C328863. • . Board. � Management • Aron).updated March 10, 2008 ��--~/`~�``~��� UEmployee/ Employee/Affordable • / Affordable g' n�.y"�v�mpv"»Y "Truckee Pacific SWPPP, dated Associates, CA February 2006 , Limited Partnership" located in the , L__-_- ______ | _______________���_� ___� rmouu�o Grays Crossin Mitigation Monitoring • . • 23 - . Responsible I Location for Responsible Compliance Statu, 1Verification i Mitigation Measure (MM) . , . Timing i (Initials, . Agency / . Compliance Party . ; Month. & Year) • • Gray's Crossing | February 2006 and file in the Town of WDID permit number I | Truckee Planning • is6A20C330G54. I ' Dept. library. � • SVVRCBupprova| . ' 04�� ���"p'��/� | | ' |e�ereare inthe | . � i | ��}�34��W�&8�aii. SVVPPP . |�§i&Wl b:‘ 1/414i 1 . The Planning . Commission Res. oThoil.-31iinsr:421 1 ' 2005-20 requires : the Afford. 2006-09 requires the Village Center • compliance, Res. I . ' 2007-08 requires the Village i • compliance. .• • MM 4.6.3b In compliance with the requirements Prior to Town of Stormwater Q&D I SWPPP Completed MK of the State General Construction Improvement Truckee Pollution Construction • (see note for MM 5/09 Activity Storm Water Permit, as well Plan approval. Engineering Prevention Plan Brian 4.6.3a). as the Water Quality Control Plan for Mike Vaughan (SWPPP) for the Graham, - The Gray's Crossing the Lahontan Region (Basin Plan), project, dated (775) 786- (530)582-2923 Employee/Affordable the applicant shall prepare a Storm March 10,2008 7105. Housing Project's Water Pollution Prevention Plan • , located in the SWPPP completed (SWPPP) which describes the site, Lahontan Gray's Crossing and WDID permit . • East West erosion and sediment controls, RWQCB and file in the Town of obtained means of waste disposal, State Water Truckee Planning Jeff In the Spring of 2008, • implementation of approved local Quality Control Dept. library. Butterworth, the Town began plans, control of post-construction Board. : Town of Truckee.. (530) 550- regulating stormwater sediment and erosion control (VVDID permit 7052 thru a municipal measures and maintenance number 6A29 • . responsibilities, and non-storm / | C328863) | ^"'""``°"'' permit. ---- '- | ---- —' -�-- water -------' Truckee Engineering management controls. This plan / SCO shall cover the entire Gray's Cnooning Planning & Dept. /u not *vva/eo/ ' Tho8ray'o Speoi�oP|anoi�� ThoSVVPPPsha|| Engineehng � � Cronning ' aksobeoubno�tedtoTovvnufTruckee Bryan �/»�»//y/»»�///u Employee/ however McAlister, /�n*u�/u� for Affordable (53CU272' | u�youp�/�»�/«�o L_ Lahontan --- review Housing Project's ' �___� �_ ______1_ ___ Grays Crossing Mitigation Monitoring 24 Miti ation Measure MM Timing Responsible - Location for Responsible Compliance Statua Verification, g ( I g Agency / C Party (Initials, Month & Year) 1 Department The applicant shall require all SWPPP, dated 5841. ' from Brad Tyler • construction contractors to retain a February 2006 1 (testing done at Wet copy of the approved SWPPP on and WDID permit Lab) does not include each construction site. Water quality number is an analysis. J. . controls shall be consistent with the 6A29C339654. Thompson said to Town's Grading Ordinance and the The Planning contact LRWQCB (J. Lahontan Board's North Lahontan Commission Res. i Thompson. email Region Project Guidelines for Erosion . 5/19/09 Control and will demonstrate that the the Affo requires ) ' the Afford. To LRWQCB's I water quality controls will ensure no I Housing • knowledge the site increase in turbidity, sediment or i compliance, Res. complies with ' other pollutant loads in Prosser 2006 -09 requires i SWPPP though it Creek and the Truckee River and that the Village Center should be the Town's storm water discharges are in compliance, Res. responsibility now compliance with all current 2007 -08 requires (T.Tyler, LRWQCB requirements of the Lahontan. Water the Village pers. comm. 6/23/09) quality controls may include, but are Phases I & II not limited to, the following: compliance. !, • Prohibit placement of surplus or . waste materials within the 100 - 9. • : Y • n • year floodplain of onsite a - iTi l intermittent drainages. • Stabilize all disturbed areas by October 15th of each year. • Install temporary gravel dikes, earthen dikes or sand bag dikes to prevent the discharge of • pollutants. • • Install infiltration trenches or other protection facilities. • Revegetate disturbed areas and maintain vegetation. • • Compliance with Lahontan � NPDES No. CAG996001 • (National Pollutant Discharge Elimination System General Permit for Limited Threat i Discharges to Surface Waters) I for construction dewatering I activities. Grays Crossing Mitigation Monitoring 25 _ Responsible Location for Responsible Cvmp|ianceSbau," Verification Mitigation Measure (MM) Timing ASency/ Compliance Party m (Initials, Department | \ \ _ | MM 4.6.3c During the long-term operational | Plans will Lahontan Construction Q&D Construction plans MK , ' phase of the project, a permanent ' provide the RWQCB. plans | Construction forPhaso|.||&|||. | 10/07 � erosion and water quality control plan approach SWPPP. Brian Golf Club, Affordable consisting of BMPs (attached as prior to Town of | Ad*»�|oper (�:oham. Housing, Village Appendix E3 in the Draft EIR issuance of a ' commitment (775)786' Road, Deer Truckee, � ` ' technical grading 7105. Tuvvnhnnnas Units 8` appendices) CUnonnunib/ post-construction into the infrastructure of the project's perrniLA �D*ve|oppl'n1 compliance 13 ' irnp|ovonoentnand operaUono| post- Depa�noa" component EnStyy*nt competed. | aobvitieu.|t shall cunh)rnoto construction p|anning ''^' .SVVPPPand Partners ! requioarnentoof the Loh0nton and the field check ' Regiono|and ' Division. Jeff |�D�F� [r0�/�'����§i� Truckee Development Code. should | State Water Butterworth, l����. ?|i�n��`i� confirm that Quality Control (530) �<~� '��^m9w� long-term Town Board ` ' � `� | ' approvals. | 7052 . measures are Truckee | in place. Engineering ` ic1 • Division The Planning ifirsKMbiltiliic•T*Wk|M. Commission Res � ����|"�� 2005-20 requires the Afford. Housing compliance, Res. • 2006-09 requires • the Village Center | � compliance, Res. 2007-08 requires i the Village Phases U | / — compliance| K0N14G4 Thop jootapp|ioan�ohaUd�v�|opa Prior Town The East N��/D��|��K� | MK � � � ! Chemical Application and beginning Truckee Resource Partners, �j§rli0/ W`'ft; 5/00 Management Plan (CHAMP) that operations of Community Management Jeff x�l .,•^l|;�---rol.iirciti includes a Water Quality Monitoring the golf Development Plan will function Butterworth, xt"��Jiiii°/*q|. Plan for the proposed golf course to course. Department, as the CHAMP. . (530) 550- au������'o,/§.� minimize the effects of fertilizers and Planning 7052, and |iitn./���z4iii tii•ii+|nrE pesticides. The Division. . Joel Blaker � �@�|n«e� � i � The Towns ' shall be reviewed and approved by (530)582' ��nn,/ite-x�v' .-Air•if consultant, the Lahontan Nevada and 5527 5�ea^��� Nn�� ' County, | Nevada Hydroikon Ltd. � -^^^` ''� � Town of Truckee. If the program does i County. Reviewed }����) ��'�4�/�� no1noee��heTovvn`uCounb/'sor � §r4|t���i���#t��� Town's, County's, NRMP provided | Lahontan'onequirenoon1ytheynnoy �' ������,��*' requirements, comments require changes and re-submittal of Luhnntan |e�erdntedJu|v ���§�� /,�� ��/i�� | | ----�_���_---_'-_^� Grays Crossing mmwoon Monitoring 26 • • Miti ation Measure MM Timin Responsible • Location for Responsible Compliance States Verif ication 1 9 ( I 9 Agency / Compliance Party (Initials, A Y 9 Y P Y Month, S Year) Department ; the CHAMP. i RWQCB. 12, 2005. 7,=ra9 i The golf course shall be designed to .. Audubon a1 fool .require minimal amounts of International chemicals and fertilizers and to responded in a provide protection of surface water letter dated June and water quality. Thus, the 26, 2006. Both specifications for the maintenance • letters are in the products selected for use and the tabbed section of • mode of application detailed in the this binder. management plan are intended to be flexible. This allows the management plan to incorporate the latest products and advances in turf � - management science. The CHAMP shall incorporate the following: • A description of golf course design features that prevent j direct discharges of surface • runoff into stream channels. • A description of chemicals. - authorized for use that are approved within the State of California, along with guidelines I . • for their application. Guidelines • shall include restrictions on their • use near drainage systems. The list of chemicals shall include ' • fertilizers, herbicides, fungicides, insecticides, and rodenticides. 1 • Guidelines on the application of • fertilizers and soil amendments i I that take into consideration the . physical characteristics and • nutrient content of the soil on the I • golf course site. i • Guidelines for the irrigation of • the golf course that take into ' consideration the field capacity of soil types and the timing with j . . chemical applications and I j Grays Crossing Mitigation Monitoring 27 __ ___ Responsible Lv"� Location for Responsible oxmp"anceo^/x ,"."." ' Mitigation Measure Timing ` (initials, ! ^ Agency Compliance Party ! | Department | | | _-�__--� / ______ | ___� __ | | J varying weather. . • . • UU|�,donofaonnlputer . | i [ | | controlled irrigation system to ' ensure proper application of . | irrigation water. • A comprehensive Water Quality • Monitoring Plan shall be developed. Water quality | constituents for analyses will be ' those identified in the | . • Lahontan's Water Quality | Control Plan anoNeo1ivonfor - the area of the Truckee River watershed that may be impacted by the proposed p joot In | � addition, the CHAMP, or similar | | / . program, will reflect the water quality objective for pesticides • . . as specified in the Lahontan . • Basin Plan. Components of a water quality sampling program i would include: constituents for analysis and review, sampling | locations for both surfacd and ground water, sample frequency | and protocol, sample collection method, ' laboratories, data collection format and | � | reporting format, and • coordination with the RWQCB and appropriate consultants. � • Chemical storage requirements . and chemical spill response and � uhomioa|invontoryoeopunoe | plans. MM 4.6.7 The applicant shall develop a Master Prior to . Lahontan Master Drainage SC{) Master Drainage Plan MK Drainage Plan in accordance with the | approval of RWQCB. Plan for Phase I Planning & for • requirements of Section 18.30.05Ouf final maps. | (October 14, Engineering, (including Village, thoTovvnofTruukeeDeve|upnoent 2004), Phase Bryan (�o|fCourse Punnp Ca|tronn ' K. Code and the Truckee P b|i (July 26; 2005), McAlister, Station, Golf C nfo • � __ |mprTvemenancEnginee ______ • _____|Phase III Stations, Grays Grossing Ktigation Monitoring 28 . • . Responsible ' Location for Responsible i Compliance Status ,Verificationi Mitigation Measure (MM) . • Department . • • Standards (except as modified by this Town of cluding the . 5841 Townhomes), and the mitigation which G0kC|ub)h4 �| | Affordable / �" measure), Truckee '`p// demonstrates how the proposed Community 2006), and the Employee Housing I | dnoinag�innpnov�n��ntsahm|| D�»8|opnoen� /Nfondob|e/ Completed. • accommodate the additional runoff Department, Employee | and limit the cumulative effects of Planning Housing (May runoff from development areas. The Division. 2006) can be Plan shall contain an estimate of the found in the ' amount of surface runoff that will be project's `/ generated by the proposed Planning development. The applicant shall Department , calculate flows, size culverts, and library. size ditches consistent with surface runoff estimations Detention � | The Planning | | shall � designed CononoiooiunReo � 1-hour � year, 2005-20 requires implementation uf proposed - | • the Afford. • � � /� construction activities. applicant '' Housing / existing compliance, � Ras syntenouarouti|izedtotheirfu|(eot 2006-09 requires • extent possible when designing storm � the Villane Center water drainage systems. The plan � ounnp|ianon shall be consistent vvithstandards ' ` Res. . 2007-08 requires and guidelines eotub|ishodbythe the Village | Lahontan and Caltrans Both | / | Phases |&|| • Lahontan and Caltrans shall be given | compliance. an opportunity t0 review the final | design and make a determination of | / the effectiveness of the proposed . drainage facilities. If the facilities do not meet Lahontan or Caltrans requirements, they may require . • changes and re-submittal of the • drain8oedoounnentahon � • � � | | ' • | . . Grays 29 Miti ation Measure MM Timin Responsible Location for Responsible Compliance Status ( Verification] g ( I g Agency / Compliance Party (initials Department Month, 8 Year) r — — MM 4.6.9a Application of de- icers, including salt . Any time de- Town of Snow Removal East West I Prosser Dam Road 1 MK and sand on private streets and icing agents Truckee contract for Partners, has been accepted 1 5/09 ' roads in the project area shall be in are used. Department of 2006/7 winter in Jeff b the town. r ;fi +rx i accordance with the Lahontan Basin Public Works. tabbed section of Butterworth, rax %v) ;, _ ,retif,t t <1, Plan. Application shall take place in a It is anticipated this binder. (530)550- Hi'iaT..,r i, -C. <. careful, well - planned manner, by that the Town A letter from the 7052 (. ;I1r�c f - 4J1 - Siit competent, trained crews. If an will eventually snow removal 1 tklt , ii'r[o14. T j environmentally safe and take over contractor dated Town of A Iftol ' c,, ' economically feasible de -icer is responsibility 10/15/07 verifying available, it is recommended and p g Truckee. for all roads compliance is 15) , ; pp ; ,, gl�,ti.r =fli~ encouraged to be used in lieu of salt. once the included in thea-rG;�i-. Ali v project tabbed section of becomes tax this binder. ill ;)rotg neutral. The Planning Commission Res. 2005 -20 requires the Afford. . . Housing compliance, Res. • 2006 -09 requires • the Village Center compliance, Res. 2007 -08 requires . the Village Phases I & II compliance. MM 4.6.9b Snow removed from roads, As a condition Town of A letter from the Q &D Retention basins are MK • driveways and parking lots shall be of final map Truckee snow removal Construction included in the 11/07 stockpiled in a designated area approval for Department of ; contractor dated Brian • i Improvement Plans designed to direct all stockpiled snow each phase. Public Works. 10/15/07 verifying Graham,. for Phase I, 11, III, melt to a proper treatment facility (See MM compliance is (775) 786- i Employee /Affordable prior to release to overland or 4.6.9a above). included in the % 7105. Housing, Golf Course concentrated flow. Acceptable tabbed section of Club, Village facilities include retention basins, this binder. , Maintenance is ' East West retention galleries, and.mechanical Improvement Phase I & II of the discussed in P Partners, i facilities, and each facility shall be Plans for Phase I, Townhomes and the designed using Best Available the Gray's Jeff 9 9 Crossing II, Ill, Affordable Butterworth, Road Plans. Technology (BAT) or Best Control Housing and Master CC &Rs g, (530) 550- 1 Technology (BCT). Facilities shall be i Article VII, j Golf Course Club 7052 The project is using a - regularly maintained to ensure their ! ! .I section 7. Master Drainage local contractor who effectiveness in containing sediments L Grays Crossing Mitigation Monitoring 30 . Responsible Location for Responsible Compliance Status ' Verification I , Mitigation Measure (MM) - ' Timing 1 (Initials, 1 is unimpaired. Plan for Phase I does not use sand or i (October 14, salt and places snow 2004), Phase II in areas designated (July 26, 2005), on the plans for snow Phase III storage. Oncluding the Prosser Dam Road ' ' Golf Club) (April has been _ accepted ' 2006), and the by the town. 11 onfIrg Affordable / ' * �������� Employee 1^(1; (OW. (o go €. � Housing (May | � ���,*�.����*��, • ' 2006) can be ' fi@i|tottoMp i&*kgk% tr found in the *nfft•Di§Y.40 I ire, 46K|t. project's file in the Planning Department �xewo0�x« , . | �1�\�t����)�� |ibrary. � _ -___-- / ' �8 The Planning ~ � Commission Res. uyy"nvc��u` . 2005-20 requires ! ' the Afford. �3gt Housing �17 ' compliance, Res. 2006-09 requires ;9111����)li) Ilit�R�� �the Village Center q$WY��� compliance, Res. � ' � . 2007-08 requires � ' . the Village . • Phases l& II coon | 4.7 BIOLOGICAL RESOURCES &1N1 4.7.2 The project applicant shall obtain the Prior to final Town of Program East West The project vvan MK ( following two designations: 1)Audubon golf course Truckee. information 5/09 International (Al) Approved Land Plan design, during included in the Joel Blaker, Audubon / and 2) the Gold Seal of Sustainability, golf course Draft ER (530)550' | |n\ornadnna| ur the equivalent. Only after nuouoSsfo| oonotruotion. Technical 2661. Signature Sanctuary completion of final Al audits will the and following | Appendices. A on September 12, | golf course receive a(�n|dSignature golf course Draft Natural ' 2007. Designation � designation. The applicant must completion. Resources includes approval of successfully complete and implement |Mana0ennent | the land plan (�1a|a|ie Grays Crossing Mitigation Monitoring 31 s 0 � I Responsible ; Location for ' Responsible : • Compliance Statuo : Verification Mitigation Measure (MM) : - Timing 1 (initials, . Agency / ' Compliance i Party . I Month, & Year) • ---------� ----- — --- a Natural Resource Management P|an Plan • • Arohannbau|( Annua|proof (NRMP) ` to Al specifications, host site visits of Gold Seal | the Final ER • ' Audubon { during the construction of the project, i certification of | Technical International, pers. and successfully pass an on-site Sustainability Appendices. comm. 11/12/07). , environmental audit after the pr ject is for the completed. The Natural Resource projects go|f • • A revised water Current members of Management Plan will achieve natural course, | nbi|ib/ urneor�h* / quality the | resource SU��8in1h[oU�h | ' � � -- — --- ----� through equivalent, - ' � section the International incorpora ion of Integrated Pest designation NRMP dated May signature program • Management, 8y�Pu an must ' ' 2005 is in the are identified at ofonvinunmonia||ynonai�voo^eao.and provided tabbed SeoUunof h�� p�Vmi�noture.audub • a monitoring program for the golf i the this binder oninternational.orq/ course. The golf course must retain the Truckee. • Gold Seal designation through - submission of annual reports, Audubon �����iAlit.PA iaci � documentation of environmental International &itiKnwi.J�gto: issues, hosting of annual audits by Al approval of the tti) @�0Ttit4L scientist, and maintenance of annual Gold Seal of membership dues Sustainability | ' Aiiii1.Of1|@���\����� The project upp|ioonteha||pnnvide (i»:|uding|und v annually to the Tnvvnproof of . plan approval) is • "~��^ certification of the projects golf course in the tabbed " with the Gold Seal ofSuStoin8bi|ih/.or secbnn0fthe | | the ' � equivalent, binder MM 4.7.4 Prior to issuance of a grading permit, Prior to Town of CSCON letters East West None of these MK a focused plant survey for Plumas issuance of Truckee. regarding Partners, species was found 10/07 ivesia, Donner Pass buckwheat, and any grading focused surveys Jeff . during annual Oregon fireweed shall be required to or building for Gray's Butterworth, surveys conducted - California determine the presence / absence of permits. Crossing dated (530) 550- 2004 to 2007, per • Native Plant these species on the project. The June 25, 2004, 7052. CSCON letters. survey area shall include all areas April 25, 2005, • Single family - proposed for grading or disturbance. April 4, 2006, and . lots exempt . The survey shall be completed by a California June 6, 2007 qualified botanist during the blooming • f re ro q m uir t e he ment D of included in the |f these openosanann\fnundonn�* because the (�en�o /or this binder. | species surveys were then no further measures are already • U.S. Fish and The Planning required. However, if any of these conducted for Wildlife Commission Res. species are found, each population the grading Service. • 2005-20 requires | shall be mapped and consultation permit for the Afford. L _ vvbhand technical assistance fronn _ | ��x�_ph��oa�__ | ____�������_ _�� Housing _____ ________ _____________ • Grays Grossing Mitrgation Monitoring 32 - | yNiti8aUnnyNou�ure(yNyN) Timing Respunsible Location Responsible Cvmy|ianoe8bxU^" o Compliance Party Month, /Initials, Department • _' �__'-' _------- __- __ � [ _ ..... CNPS and the California Department ' 'compliance, Res. i , of Fish and Game shall be initiated 2006-09 requires • To the maximum extent possible, the the Village Center project compliance, Res. � | �` � . � . and preserve the plant populations in 2007-08 requires ' a manner in which the populations the Village . shall not be harmed. If the Phases |&|| populations may be harmed by the compliance. I . activities uf the p�ont.ornitiguiion/ | | project, � conservation plan (e.g. transplant b) • | an undisturbed site or | 1 ' | and replant on other suitable habitat), preserve management, and • • monitoring strategies shall be developed (�DF(� | -- -- ---- � -------''---------���—i--- -- --------------------------------- MM 4.7.5 As construction activity wouldoccur Within 30 Town of CSCON letters East West None of these i MK during the raptor breeding season days prior to Truckee. regarding Partners, species was found 5/09 (April to early September), a focused construction ' focused surveys Jeff during annual unnuo|oun/eyfnr:apturoandthn onanannua| for Gray's Butterworth, surveys | California ' � above-listed special-status s �an basis. Crossing dated (530) 550- 2004 per | '-- � Department of ` 2007, shall bn conducted vvithin30days . June 25 2004, 7052. CSCON ' ' � letters. prior to the beginning of construction April 25, 2O05 Game. ' ' i • or grading 8odvbvbvoqua|�ed � April 4, 2006, and Carter u ���m� biologist in order toidonUfvootive June 2007 "v~'�` identify 6, Schleicher, �0���c8n�t • nests onsite If the ' � (CSCON) ����0� during the uun/eynofu�her SeoUonofthis ` ' i�� (775) ��N���N ��(s�;�� rnoonuoenare requinad However, if � binder. ' -`-' °°,= required. ' � 1944 �DViqg.iito.T.0 an active nest is found dunng the The Planning survey, or at any time during project . Commission Res. construction, no ` 2O05-2Oroquineo activities shall occur within 500 feet of . the Afford. the nest until the young have fledged Housing from the nest and the nest is | | | compliance, Res. • determined by a qualified biologist to / 2006-09 requires � be inactive Trees containing nests or the Village Center ' burrows that must be removed as a | compliance, Res. / result of project implementation shall | 2007-08 requires be removed during the non-breeding . the Village season (late September to March). • Phases I & II | | / i / | compliance. | • . Grays Crossing Mugation Monit= 33 ..... _________ -- • -_- yNiUgadonNYeasu,e\8�K� Timin Responsible — | Location --- Responsible ` - Compliance —'------- Verification E • Ag / � Party L_____ -- __-_ | | Department | • | MM 4.7.6 Prior to grading or construction Prior to the Town of CSCON letters East West None of these MK ' activity on an annual basis, a focused initiation of Truckee. regarding Partners, 1 species were found 1 5/00 survey shall be conducted by a site grading focused surveys Jeff 1 to be roosting duripg qualified bio|ogiottodob�nninethe � on annual for Gray's Butterworth, annual surveys California ' presence / absence nfspecial Statun basis. Crossing dated (530) / conducted 2004 to � -' � Department of `� ` | bat opemasroosts Vnihep �8C ' If June 2004, 7U5� ' 2007, pe|(�SC0N ' � Fish and • 25, ' � ' A0�p�C8|��8tunbatspeo��oana April 2005, letters. Game, and/or ' 25, ' � | � found nUoSdngoAS�e. then nofU�h8r | • �Fish | April 4, CSCON ` ' 7 a� "VN� � actions are required. Homx�voi ` if | U.S. , June 2007 ' Wildlife Co�er �����y� • upecia|otutuobutopooienar* | :Service. ino|udadinthe Sob|*ioher, /T'�W&��� determined technical ni itabbed ' � � ' 2 03}1: --�-���--'-�---�-�—'-' hni| �--`~ �~~~`~```'`��`� (7T5)885' "" assistance from the California this binder. 1844 egrit.ct$qwi Department of Fish and Game and / The Planning or U.S. ConnnoioainnRen� be requested to determine measures 2005-20 requires • • to avoid disturbance during the Afford. • . construction. If an active maternity - Housing roost is identified, at a minimum, no compliance, Res. � | | construction activities shall occur 2006-09 requires within 500 feet until the young are the Village Center ' able to fly from the roost. If active day compliance, Res. . or night roosts are found onsite, 2007-08 requires • measures shall be implemented to the Village • | / safely flush bats from the roost prior Phases I & II | ' to the onset of construction activities, compliance. . Such measures may include removal of the roosting site during the time of day the roost is unoccupied or the installation of one-way doors, allowing the bats to leave the roost but prohibiting � • ' | -__-__- -_- __--_��----__ ___--�������__---_�__-_�_-_----_�-_---_-�_--_____-_--_--_- ------_---__--�����_ -__-_-�--_-_'__-- MM 4.7.7 Prior to grading or construction Prior to Town of • CSCON letters East West None of these yWK activity, on an annual basis, a grading or Truckee. • regarding Partners, species was found 5/09 focused survey for Sierra Nevada construction • focused surveys Jeff during annual snowshoe activity for Gray's Butterworth, surveys conducted California ` determine if this species is breeding annually. Crossing dated (530) 550- O0 2007, per � Department of ^ �`` on site A qualified biologist shall June 25 2004, 7052. CSCON | ' ' � letters. ounduo{theoun�yduhngdhe April 2005 Game, | 25, ' breeding season a1 the dmeofday ' April 4, 2006, and � U.S. U8Fiehond ' ' CGC[)N i'��� ' r;/ �� that this species imnnostoctive June 6 2007 ' | ~ Wildlife • ' Cad*r ! *l��r���o�'�� Technical assistance fnonnthe COF[� | included, in �'"rr i �_ ______ ___ _____________ _| ___ _^_Sepm�ue�����__�__^ ___������������� _ �AW��&i�W/�4��§��_l_� ___� Grays Crossing Maigation Monitoring . 34 • Miti anon Measure MM Timin Responsible Location for ! Responsible ; Compliance Statu0 Verification! 9 ( 9 Agency / Compliance Party (Initials, s y P y Mon[h ia s, A Department i and / or USFWS shall be requested tabbed section of Schleicher, ?iix flies a142 to determine appropriate survey ' this binder. (775) 885 - techniques. If no evidence of this The Planning 1944. species is found during the field i Commission Res. L- iJ7lCxtir, tnrt; irTt survey, then no further measures are 2005 -20 requires y. To-t nolo, 02; required. However, if active Sierra Nevada snowshoe hare nests are the Afford. • i ,,- ` , T:4 Housing , t , ; , A , T � 3 compliance, Res. technical assistance shall be 2006 -09 requires requested from the appropriate the Village Center regulatory agency to determine compliance, Res. i further action. At a minimum, 2007 -08 requires construction activities shall not occur ' the Village ' within 500 feet of an active nest. • Phases I & II compliance_ t MM 4.7.8a While the floodplain boundaries Prior to Town of Drainage Report SCO Note -The project has MK developed by the applicant in issuance of Truckee. Phase I dated Planning & generally avoided the 10/07 consultation with the Lahontan are final grading Lahontan October 14, 2004 Engineering, i 100 year floodplain generally conservative, an additional permit. RWQCB. and Phase II Bryan K. ! and within it, Army study of areas proposed for stream report dated July McAlister, Corps of Engineers • • • crossings will be necessary to show Army Corps of 26, 2005, and (530) 272- jurisdictional Waters of the exact limits of the floodplain. Engineers. Phase III 5841. the US'. There are Upon verification by the Lahontan of (including the i non- jurisdictional the project applicant's delineation of Golf Club) (April tributaries to the the site's 100 -year floodplain 2006) prepared East West Waters of the US that boundaries, this area will not be by SCO Planning Partners, fall within the 100 -year Jeff altered by project design utilizing the & Engineering. E Butterworth, ; floodplain. These following two methodologies: • Final Maps for (530) 550 - drainages have been • Phase I, II, and III 7052 I culverted for road • Structures and earth disturbance • show the I crossings. In addition, shall not occur within the floodplain as 'a , minor fill was required delineated zones. "no build" zones. !for pilings supporting • Design techniques, including The Planning golf cart path and road 9 q 9 bridge crossings (a free-span bridges and utility . P 9 tY Commission Res memo from the Town borings, shall be used where 2007 -08 requires 9 the Village addressing this will be roadway, fairways, cart paths, ! placed in the project and utilities cross these features. Phases I & II to file). • comply. The minor fill was Army Corps of approved by the US Engineers j Army Corps of Grays Crossing Mitigation Monitoring - 35 . . . Responsible , Location for Responsible : Compliance Status i Verification Mitigation Measure (MM) Timing 1 (Initials, • #200900901) in #200900901) i ' section of this waived 401 binder. certification by not responding (Tobi Tyler • pers. comm. MM 4.7.8b Prior to the issuance of a grading Prior to Town of Gray's Station East West Minor fill was MK permit, the wetland delineation study issuance of Truckee. Delineation of Partners, required for piiings 10/07 and map prepared by EcoSynthesis, final grading Wetlands and Jeff supporting golf cart and relied upon by the project permit. • Jurisdictional Butterworth, path and road bridge U.S. Army applicant for project design, shall be Waters Map, (530) 550- crossings. The US Corps of submitted to the U.S. Army Corps of Prepared by A. 7052. Army Corps of Section Engineers. • Engineers for review and verification. Juncosa, Revised Engineers (Permit 404/401 CWA The appropriate Section 404 CWA September 2005. #200900901) permits to be EcoSynth- permit shall be acquired if imPacts to Lahontan approved the fill. obtained if fill Army Corps of esis Adrian waters of the U.S. cannot be avoided. RWQCB. Wetland mitigation will occur. Engineers Juncosa, Any wetlands that would be lost or addressing the "no • disturbed shall be replaced #200900901) in 6812 policy nehabi|b8(edunu "no net loss" basis the tabbed � included in the permit • in accordance with the Corps . section of this app'»«8|� nnidguUonguidm|inee. binder. --- ------ ------------------------- --- --- --------'---------- ���----. ----- �� ---------- | N1K8478o Prior Prior Town The East L8hontonRVVQCB | MK '' �� pennit.avvutnrqua|ih/oertiUooKiun/ issuance Truckee. Commission Partners, | waived 401 ' 10/07 waiver shall be obtained from the grading 2005-20 requires Jeff certification by not Lahontan prior to issuance of grading permits that | the Afford Butterworth, / responding Lehontnn | � ' (Tobi permits. involve | Housing (530) Tyler comm. � RVVC>CB ` ' pers. � VVuterSofthe � oump|ionoe.Ros. 7052 10/19/07). US. 2006-09 requires . the ViHage Center ' | E The compliance, nop|iano� Res. ' � esis Adrian Resources Control 2007-08 requires Juncosa, Board approved ' -- -rr` - the (530) grading part of Phases I&|| `� ' o ~ �� - 6012 authorization o��A . compliance. ^ ` ~� - waste discharge • State Water 6829C32863). • | Resources | Control Board ' approval letter dated • • a � � � ���� �� �� �� �� �� ��� Grays Crossing Mitigation Monitoring 36 • — __ / !Verification • Mitigation Measure (MM) . ' Timing Responsible Location for Responsible Compliance Status ~y^. Compliance ~"'`, mom*x,`u> Department | , - _ _-___ | ___ __ -- | ___-_---___ | • 6829C32863) is . • in the SWPPP. MM 4.7.8d Prior to issuance of a grading permit, Prior to the Town of CDFG application | East West East West believes MK a Streambed Alteration Agreement issuance of Truckee. | package is in the Partnern, that either the 30 day 6/09 shall be obtained from the California grading . . tabbed section of Jeff response period • Department of Fish and Game permits that thiSbindor Butterworth expired [enu|Ungino California � �. '| pursuant to Section 1000cxthe involve (530)550' | default permit or . Department of ` ' California Fish and (�ame(�ude for streambed 7052. CDF(�sento|e�or Fish and Code, �lir./���r � ntxeonocrossings and any other / impacts. ' response. �§ Game. Yh�—/���m��!| E^""y'' auUvibo�potontioUya�eoti0gih�bed ° � i Adhan ����-`��i�;� `^� ' �w��� eon ' -', \ bank, -�"'���` JunoVna jV�����'��.��!fiK • ' ��p�a| ����� ' nof the akeano�nequired (53O)582 �#�� �'»"'� '*h���� `~u`^~ �applicant h| rdi - ����������� �` ' |���� J • nnepro��na|uun coordinate | i��/anOa� | � with CDFG in developing appro � $to. mitigation, and shall abide by the conditions of any executed permits. MM 4.7.10 The projebt app|ioartohaUinnnkement Prior to | Town of Timber Harvest Jeff / Planning Stage: MK the following measures to minimize approval of Truckee Plan prepared BuUen*orth, Trees and 10/07 disturbance to migratory wildlife on Improvement Communitv |July 20U3(Fina| |(530)550' Landscaping included ' � | the p ject site: maps for Development BR.Taohnioo| 7052, and in plans and CC&Rs. each phase, | Department, Appendix G) ' Joel Blaker, The only fencing • Contiguous stands of trees the golf Planning Phase!, (530) 582- proposed is split rail � within development areas shall course, and Division. Improvement 5527. style. If other fences be preserved and incorporated commercial Plans, Additional are proposed, they | into the project design. buildings. General Notes Afford. will comply with • Landscaping on the p ject site ) California 1.B'Phuna||& Housing, CDFGnequinarnents shall, io the greatest extent Implementing | Department of |||.|noprov�m�ni Don for mountainous possible, consist of native Sierra | measures will Fish and Plans, Tree Slattery, areas. (Caltrans has Nevada flora occur Mitigation Detail paoi�C fenoingo|ong|'80 � Game. pr • �*ctCC&RS Cumm and Highway 89that • In addition any Project - . for golf course or co ' ionotm/iihinihe Section unities, nnnneruio| ' ' ~�~``'"'�~~ buildings shall Natural Tree (2O8)481 project's juhSdictinn] requirements in noo � untain0us Preservation and 0022 x3023 No security fencing areas (this does not apply to / Section 6.22- will be used on the individual homeowner privacy Landscaping golf course or near | i fencing). The Planning the commercial Commission Res. buildings. requires Almost 100% of the Afford. � .������ • Grays Crossing Mitigation Monitodng . 37 • r _________ Location � R� i� Compliance Status M���on�v�oe��) �mi --- . epa�m� | |� ,�����— � ��_ Department } • i � ��l Housing | public • compliance, Res. | / areas of Phase I, II, & 2006-09 requires Ill are native (or near / the Village Center native) to the region. compliance, Res. Approximately % of • 2007'08reqUipeS ih .n iesnhnvvnon • • � the Village the Village at Gray's • � Phases I & II ' Crossing Landscape compliance. Plans dated 8/20/07 | and opproxirou1e�|� | � | ' • | / of those planted in . the Afford. Housing planting area are native (or near native) � | . dv*\<othenaginn � ' � i Per email dated • 12/12/07 Pac. West • ' Comm., dead plants • in the Afford Housing • will be replaced with from e list inthe tabbed section of this l binder. � | | � ! • i~kip: 2t/":!jni@ 4.8 CULTURAL RESOURCES • | KU&14.8.1m VVhenefeasible, the pngentnha| be Redesign shall Town of • | Far Western East West Data recovery � MK redesigned to avoid any direct impacts be completed Truckee Anthropological Partners, (instead of redesign) 10/07 from ground-disturbing activities within prior to final | Community Research Group Jeff was done by Susan all prehistoric site areas. Prior to approval of Development letters on field Butterworth, Lindstrom and Far commencement of construction Gray's Department, mitigation of (530) | VVonternAnthropu' activities, the developer shall prepare � � Crossing Planning Phase | and || 7052 logical Research and implement a program to prevent |SpmoifinP|on Division. dated July 13, Group. and monitor potential indirect impacts Final Maps. 2004 and July 14 ' resulting from the removal or | Monitoring 2005 and disturbance of artifacts by ~�� Fieldwork pnognannsAuU summaries �-'- "" logical the oon�pl�edfor the unauthorized personnel. This be prepared final reports �� entire site (S mitigation shall be monitored by an prior to tabbed section � —� Group, ' � Lindn�O pers. archaeologist who meets the commenceme binder. | ! n�aryof the knteho�oPnoh�uoiona||n1ofany Heritage McGuire, ' �_^__� comm. 1/23/06). � ! ���������������� Grays � 38 . Responsible Location for Responsible Compliance Status 'Verification yNiUSadonyNuanvoo(NYyN) Timing Compliance Party Month, ��:�, • �� �� -�-- ------ ----�--------- -----'------------ --- ----�--- --------' ------- Qualifications Standards |nprehistoric construction Resources (530) 756- and historical archaeology activities. Inventory 3941. | � � Prehistoric and / prepared by | • ' Historic Reports If pr �ootn�donignonoundaprehiS1orin S«»a»�indSt'�n» Susan discussing the '' � in October 1999. site io not feasible, then oddi�Ona| LindSb6rn, findings were archaeological investigation to The Planning (530) 587- completed by Far evaluate the research, interpretive and Commission Res 7072. Western. cultural value of the site shall be 2006-09 requires � ! completed. The investigation shall be the Village Center conducted in accordance with the to comply The | ' recommendations set forth in the Planning Heritage Resources Inventory � Commission Res. ) • previously prepared for the project site 2007'O8nequiren by Susan Lindstrom in October 1999 the Village as part of the Boca Sierra Estates Phases I & II to . . environmental review (see Appendix . comply. H#(3hou�db o�����1����' A8K)� ' ��` • Upon completion of the investigation, recommendations on the final • . disposition of the site shall be made d implemented. Thi itiati shall • be monitored by an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards in prehistoric and historical archaeology. • MM 4.8.1b In the event that project / construction As a condition Town of Improvement Q&D Shown on MK personnel encounter previously of the final Truckee Plans for Phase I, Construction Improvement Plans 10/07 undiscovered prehistoric or historic map and / or Community II and III, Brian for Phase I, II and • ' archaeological deposits or human site plan Development Affordable Graham, III, Affordable . bone in an area subject to • approval and Department, Housing and (775) 786- Housing, Village development activity, work in the implemented Planning Village Road 7105. Road Improvements immediate vicinity of the find should be during Division. Improvement and Units 9-13 , • halted and a professional construction Units 9-13 Townhomes, and East West archaeologist consulted. In the case of activities. Townhomes, and Golf Club. human burials, the County Coroner Golf Club. Jeff and the appropriate Native American Final Map, Phase 1 Butterworth, 6ttlelz: 1 91'1 4 1.057 most likely descendants should be I & II Note 9. I (530) 550- ii5t;ftrk:g- . .. , 711' ri.itittp 6 contacted. Final Map, Phase 1 7052 Ir., .1 rz.15.1t74,3_ L_ ....L. Grays Grossing Mitigation Monttoring 39 • __ _____ Responsible Lucadonfo, iWe Compliance v°m n YNiUSadnnymoamu,o(yNYN) Timing �`^'r�-` ' ��i�� Compliance Party Month, &Year) | | Department ( | / , . • 2007-08 requires the Village MM 4.8.2 Where feasible, the project shall be Town of See — - - - MK -' See ' -' See '�-'---� - redesigned toavoid8Aydireotinloanto becompleted n� Truckee | above. above. | 10/07 �nnoground-disturbing un�vi1ieowithin Prior 1»final Community The Planning all potentially significant historic site approval of • Development Commission Res. areas. Prior to commencement of Gray's Department, 2005-20 reqUires construction activities, the developer Crossing Planning the Afford shall prepare and implement a Specific Plan. Division. Housing program to prevent and monitor / Monitoring | compliance, Res. | potenha|indivedimpo(�snasu|�ng program / ' | ' 2006-09 requires from the removal or disturbance of be | « the Village Center artifacts by unauthorized personnel prior to compliance, Res. This mitigation shall be monitored by commence- - 2007-08 requires an archaeologist who meets the ment of any the Village Secretary of the Interior's Professional construction Phases I & II Qualifications Standards.in poohinborin activities. compliance. / and historical archaeology. i | U �entredenK]naroundaooionU8]|y • | • �� ' � S;gnific88ihistohoohoinnotfoasiNe. � research to mitigate impacts to these . sites shall be conducted. This ! research shall be conducted in | accordance with the recommendations set forth in the Heritage Resources / Inventory previously prepared for the � pn4eotoitabvSuoonLindstnonoin . October 1999 as part of the Boca Sierra Estates environmental review • (see Appendix 14) (Should be G Draft EIR - Mk). Upon completion of the i | research, recommendations on the • � | final disposition nf8leni�enhoUbe � nooUeandi � . . mitigation shall be m�nitored by an archaeologist meets the � _• Grays Grossing Mitigation Monitoring 40 • � . Responsible . Location for . Mitigation wx�anuro(wo) Timing Agency ' Compliance -' � (Initials, i |� Department Month, — __ | ___ i ! � Secretary m the nInterior's Professional � | Qualifications Standards in prehistoric | and historical archaeology. MM 4.8.2b In the event that project / construction As a condifion Town of See 4.8.1b, See 4.8.1b, See 4.8.1b, above. . MK . personnel encounter previously of the final Truckee above. above. 10/07 undiscovered prehistoric or historic map and / or Community The Planning archaeological deposits or human site plan Development Commission Res. bone in an area subject to approval and Department, 2005-20 requires . development activity, work in the implemented Planning the Afford. . immediate vicinity of the find should be during Division. Housing . halted and a professional construction compliance, Res. archaeologist consulted. In the case of activities. 2006-09 requires . human burials, the County Coroner the Village Center and the appropriate Native American compliance, Res. most likely descendants should be 2007-08 requires contacted. the Village • . compliance. 4.9 VISUAL RESOURCES / LIGHT AND GLARE MM 4.9.2a Based on the changed visual i Prior to Town of Town of Truckee Town of Completed. MK character of the SR 89 corridor south i adoption of Truckee ordinance 2003- Truckee 41/06 of Alder Drive due to construction of • the Specific Community 007 in the tabbed Community . the SR 267 Bypass and the new Plan. . Development section of this Develop- middle school, the Town Council may Department. binder. ment make a policy decision allowing Department, development within the 300-foot Planning setback area, especially as the Division, Village Center is intended to be a • Dennis Troy, • commercial area welcoming passing (530) 582- motorists. 7820. OR . • Require the p ject applicant to / | pursue a variance to allow an encroachment within the 300-foot / • setback area .based on a Town policy decision allowing portions of the . � . development within the setback. OR . | Require th oot _t - F Grays Grossing Mitigation Monitoring 41 . Responsible Location for 1 Responsible ; Compliance Statu. Verification ■ Mitigation Measure (MM) : Timing (initials, Agency / Compliance : Party Month, 8. Year) - . -'- ----------------- ---------- modify the tentative map based on • direction from th Town Council as it . relates to the SR 89 corridor adjacent • to � ~-- - --` ^---- - h8N14�9�2b Regard|enonf the mitigoiionootion � Reflected Town � | ViUageSite Plan. VVhght& Affordable MK option Chosen above under MM 4L9.2a. subsequent | Truckee . Company /Employee 11/07 special design guidelines as detailed site or grading ' Community Employee and (the entity Landscaping Plan . below shall also be applied. In order plan and Development Affordable that owns approved by to screen views of the proposed submitted as Department Housing Complex the Village), planning staff Spring Village Center and employee / part of the and Planning Plan(s). Henry ��d. 20O6 `'� affordable housing complex from land use Commission. | (970) 949- motorists traveling along SR 89 the permit 6204 ' The Village a\ The Village at applicant shall prepare special design application. Gray's Crossing Gray's Crossing quide|ineoforthebwoeaStorn | Landscape Plans Afford. ' Landscape Plans oo|�mvaYaintotheproieotsito • 8/20/07 . Housing, 8/20/07. Site opauifioa||y.and for the onUne � Don specific landscape • roadway length inq*nera| Per | | general. Slattery, plan were Tovvn'oScenic Corridor Stondaodo ` a � Pacific developed fnrthe noa]orononponentnf the design • . Comm- Village . guidelines shall be a landscape unities ' Development • enhonuenoan1plan for the setback ` (2O8)461 because the overall area ^ vvhiohvvou|dinclude ` ' 0022 x3023 / pr " �octDosign idnn|ifioationnfa||treon(orenuoved } Guidelines did not andretained.proposednodve | | provide required vegetation for rep|undng and replanting, sufficient level of planned irrigation system designed to detail. The plans tonopormri|yprovide water through the | emphasize plan establishment period Further, / Ponderosa pine (nr the ` Jeffrey pine, the construction of planted berms | (not to mountain `^ sagebrush, and • the nodhand south of the two Village • nubbitb[uoh � All Center entrances a|ongSR88 The • 89. |appropriate tothe • planted berms shall be designed to preconstruction avoid existing nature trees and to � plant community. connect 10 existing vegetated areas where denser tree coverage exists, I ensuring that views of the project site are filtered by vegetation and Planted � � topography. landscaping material associated with . ~_� Grays Crossing Mitigation Monitodng . 42 Responsible Location for Responsible i Compliance Statute 1 Verification: Mitigation Measure (MM) Timing (mums, • Agency I Compliance - Party Munin7& 'vear) Department the entryway berms shall reflect the '' • i plant community in which construction takes place. The design I 1 guidelines are to be reflected in subsequent site or grading plans and shall be submitted as part of the land use permit application for the project. MM 4.9.3 Within the natural open space Through -out Town of j Timber Harvest Q &D THP completed and I MK setback area along SR 89, activity the life of the I Truckee j Plan dated July Construction CC &Rs filed. 11/06 shall be limited to preservation project. Community 1 2003 (technical Brian forestry practices only, including: Development i appendices of the Graham, j Note - the Town • Thinning for establishment of a - Department, I DEIR) can be (775) 786 - • does not have a tree health y stand of trees and Planning I extended up to 7105. Division. two times for preservation wildland fire protection. ordinance. If there is total of 5 years. • Removal of dead, diseased or Note - the THP a complaint about dangerous trees; and tree removal, the • does not Town will conduct • Clearing of debris for fire specifically prevention. an inspection, p address the preservation of compare the activity with project trees adjacent to approvals, and SR 89. possibly issue a fine Article VIII, • if there is a violation. section 8.04 of the Gray's - • Crossing CC &Rs I u rill Gray's Crossing CC &Rs (for entire project); limits • tree removal in j designated open I F space .... - ...... —._' L — MM 4.9.6 The Town of Truckee shall Included in Town of Town of Truckee East West Resolution adopted. MK incorporate and adopt the Gray's , the Towns Truckee Resolution • Partners, 10/05 • Crossing Lighting Master Plan, as adoption of Community #2003 -56 Jeff well as the Lighting Program found in the Specific Development approving the Butterworth, . i the Specific Plan, in conjunction with Plan. Department, Specific Plan (530) 550 - • final project submittals, to include i Planning including the 7052. i final maps and site plans. The Final ma s Division. Design i Lighting Master Plan shall require p Guidelines. that project lighting be designed to and site plans • Gray's Crossing i I Grays Crossing Mitigation Monitoring _ —��— — .�.- - - - - -- -- __ -- 43 - Mitigation yNeasu,e(MyN) Timing Responsible Location Responsible ~^'~^``-~^~^` | ' | � -~^� `� \M"n* | | uepaun,eru | > __^___ ________ ____ ___ / meet the Leadership in Energy and will need to CC&Rs (for . • i i � Envinonn�enta|comply. Design /LEEC0 comply. Phases |,U.&U|)' . • • recommendations for li ht pollution Article VI, section • reduction, as well as adhere to the 0�13 • design Criteria of the International . Lighting and | | Dark Sky Association (IDA)� Fixtures). � � . The Planning Commission Res. 2005-20 requires the Afford . Housing • compliance, Res. | | | 2006-09 requires . the Village Center compliance, Res. | � 2007-08 requires � the Village • Phases |&U � | | • compliance �________� | ________| _] • 4.10 COMMUNITY SERVICES [N[N4.1$.2a Prior to approval of the final map, the | Prior to Town of TFPD signed East West Phase I, II, & III, MK project applicant shall provide approval of Truckee Phase |' II, &Ill, Partners, Affordable Housing 10/87 verification to the satisfaction of the the map for Community Affordable Jeff and Village Road Town that all fire safe standards and each phase. Development Ho«singand � Butterworth Improvements and nondiUonnhave been met anrequired Department. Village Road e»d (530) • Townhomes ` ' Town- 7052 9-13, and Golf Club • by the Truckee Fire Protection Units District. homes, and Golf complete. Truckee Fire Club Improve- Protection ment Plans. :Aiwa co Eiyjm . District. . ii wo..-Trztzi, MM 4.10.2b Prior to approval of the final map, the Prior to Town of Timber Harvest East West Completed for MK i project applicant shall prepare and approval of a Truckee Plan dated July Partners, overall project. 11/07 i submit a project site fuel modification final map. Community 2003 (in the Jeff Truckee Fire District plan to the Truckee Fire Protection • Development technical Butterworth has approved the District (TFPD) for review and Department appendices of the (530) 550- plans for Phases I, approval. The plan shall include - DEIR). 7052 II, & Ill, Affordable measures to reduce natural fire | Truckee Fire Fuel Modification Housing, Village hazards, annual maintenance pl Road |nnprover Improvements ' for noinimnunndefensible space /fuel | ondTnvxnhuxneo | | / ----__�_-_ �- --__----_-- |----__---'��_-_�/���nu�.��--'-----��pp.'.�.~.^.,,"]�/ /_--- / Grays Crossing Mitigation Monitoring 44 Responsible Location for Responsible : Compliance Stab... Verification' Mitigation Measure (MM) i Timing ; (initials, ! Agency! nt Compliance Party ep i Month. 8. Year); D . • . , • . . modification zones, and conformance The tabbed Units 9-13, and Golf ! i with TFPD and State standards. section of this Club. 1 binder. I • Fuel modification 1 I completed. 4.11 UTILITIES AND SERVICE SYSTEMS _ MM 4.11.1 Prior to approval of the first phase of TDPUD TDPUD Mike TDPUD letter Q&D Signatures on MK development, the project applicant approval Connell (530) dated April 4, Construction Phase I, II, & III, 10/07 • shall prepare, for review and approval signature i 582-3908 2003 stating Brian Affordable Housing, by the Truckee.Donner Public Utilities required on sufficient water Graham, Golf Course, Village • District (TDPUD), a Water Distribution the T ckee Fire supply, letter (775) 786- Road ru System Facilities Report for the improvement Protection approving Phase 7105. Improvements, and proposed project. The report shall plans for each D istrict f flo I, and Offer of Townhomes Units ( address the expansion of the water phase. The ire East West Dedication and 9-13 plans requirements w Partners supply facilities and the specific plans provide Acceptance in the completed. ). , requirements for all phases of the the detailed tabbed section of Jeff project. Further, the report shall information this binder. Butterworth, i Phase I construction incorporate the general guidelines for on the . (530) 550- completed and the water distribution system F distribution 24" Water Line 7052 TDPUD has issued identified in the Grays Crossing system Plan. final approval. Specific Plan, Chapter VII, Programs, (instead of a • Phase II & III have in addition to those identified below. report). • Condifional TDPUD and Acceptance Truckee Fire • The water distribution system for Water hook- (TDPUD is waiting Protection District the Specific Plan area shall be F up fees shall a roval on paperwork) (Sara designed in conformance with be paid prior sig pp natures on th e Owens, TDPUD the provisions of the TDPUD to the pers. comm. front sheet of the Water System Master Plan. issuance of . 11/7/07) Improvement • The water distribution system for building . Plans for each • the project area will be designed permits, and phase. • "MUM' ?:OF:Ji. yill • to be compatible with the future shall be . regional distribution facilities as assessed on • . t.rorifirztwo depicted within the Town's F a per-unit • • TDPUD basis in unconditional tli.iriigolinitiri-t.n.ilitit:l General Plan for the project I accordance acceptance letter •italitTe411.;!infil--, -iirifi. . area. Each phase of 41- - development within the project with TDPUD for Phase I is arminm-zitr.,..4:1.5!..ir,miTilt area shall size and construct that policy included in the . 4to. a. Mk ') ' ..,. portion of the system as regarding tabbed section of -- MD:4 . r determined by the TDPUD. such fees. this binder. , to r-...+" ft t - I ' . 1 .0411kNil P;‘■ IL -- • Grays Crossing Mitigation Monitoring . 45 F ��------� Responsible Location for Responsible Compliance Sthtua ;Verification Mitigation Measure (MM) Timing (Initials, Agency / Compliance Party \ | | Department | | | Reimbursement agreements may be considered subject to 1 Individual TDPUD Standards. homeowners and • To supply water service to the commercial Specific Plan area will require building approximately 400,000 gallons of developers will storage capacity. A combination have to pay water of on- and I or off-site wells as hook up fees to determined by the TDPUD will obtain a building provide the water source. permit. | Service to the individual development components within ' the project area will bo via water / The Planning distribution lines in various sizes Commission Res located within the roadway right- 2007-08 requires | \ • of-maysl ! that the ViUage ' � Phases |&U • Water hook-up fees established comply. ! | by TDPUD for the purpose of . capital improvements shall be paid. These fees shall be used for the purpose of making capital improv�ments (e.g., developing � groundwater supply wells, | increasing storage capacity) to serve the pr ject and other projected '' TDPUD's In area. | � accordance with TDPUD requirements, these fees shall be paid as a condition of issuance of building permits, and shall be based on the project's fair share for the cost of such Grays Crossing Mitigation Monitoring 46 TABLE OF CONTENTS FOR TABS Mitigation Tab EIR Section Measure Document/Exhibit Number Number 4.1 Land Use q,1.1d & 4.1.4 Construction vehicle trips letters. Public use of golf course. 1 Trails legal description. 4.2 Transportation 4.2.1 & 4.2.8 Town of Truckee spreadsheet on fairshare fee of $210.587 and 2 check for $331,834 for MM 4.2.8 Phase 11 4.2.1 & 4.2.7 Town of Truckee surety bonds and related material. Traffic fee 3 for Phase 1 of the Deer Trail Townhomes. 4.2.9 Transit deferral agreement. 4 4.3 Noise 4.3.2a Over flight easement. 5 4.3.2a Noise deed restriction. 6 4.4 Air Quality 4.4.1a Air quality compliance letters. 7 4.4.1b Vehicle emission contractor letters. 8 4.4.4b Air quality fees 9 4.5 Geology, Soils, and No exhibits required. Hazardous Materials 10 4.6 Hydrology and Water 4.6.4 & 4.6.9a Natural Resource Management Plan review and response 11 Quality letters. 4.6.9a & b Snow removal contracts and compliance letters. 12 4.7 Biological Resources 4.7.2-7 Audubon International Certification. CSCON letters regarding 13 special status species surveys. 4.7.8b EcoSynthesis letter to the Army Corps of Engineers (Corps) 14 regarding verification. Corps permit. 4.7.8c No exhibits required. 15 California Department of Fish and Game Streambed Alteration 4.7.8d Agreement Application. Recommended replacement plants for 16 the affordable housing area. 4.8 Cultural Resources Far Western Anthropological Research Groups' letters regarding 4.8.1a completion of field studies. 17 18 4.9 Visual Resources Town of Truckee Ordinance 2003 -07, scenic corridor changes to 4.9.2a the zoning map. 19 4.10 Community Services 4.10.2b Fuel Modification Plan. 20 Truckee Fire Districts acceptance letters for the Fuel 4.10.2b Modification Plan. 21 4.11 Utility and Service Truckee Donner Public Utilities District (TDPUD) letter Systems 4.11.1 discussing availability of water supply. TDPUD letter accepting 22 Phase I. TDPUD dedication and acceptance recorded deeds. Other (Some are not EIR _ Memorandum of Agreement with Truckee Donner Land Trust 23 requirements) regarding Community Benefit fees. East West letter to Truckee Donner Recreation and Park District 24 regarding Quimby Act Fees. Annexation of Phase 11 (Applies CC&Rs to Phase 11). 25 Open Space Grants. 2005 Subdivision Improvement Agreement. 28 CEQA Findings. 29 II V -61 GI&O CONSTRUCTION INC. BUILDING • GENERAL ENGINEERING • OEVELOPMEM • MILLWOPK November 10, 2005 Jared Northon Gray's Station, LLC P.O. Box 2537 Truckee, CA 96160 Subject: Q & D Construction's Compliance to Mitigation Measure 4.1.1d MM 4.1.1 d During construction activities, the project applicant shall limit the amount of daily construction equipment traffic by staging construction equipment and vehicles on the project site at the end of each workday rather than removing them. Q & D Construction, INC. has in the past, and will continue to do our best to comply with MM 4.1.1d on a fleet -wide basis. Please let me know if you require any further information. Sincerely, 25 c4...„ Ryan Hensley Estimator / Project Manager TEL: 775- 786 -2677 • FAX: 775 -786 -5136 • 1050 So. 21 St., Sparks, NV 89431 • P.O. Box 10865 • Rena, NV 89510 Nevada Contractors License 8197 A & B • California Contractors License 629091 & 429788 v Q & D C O N S T R U C T I O N , I N C. DEVELOPMENT I BUILDING I GENERAL ENGINEERING 1 1 TENANT IMPROVEMENTS I MIILWORK November 15, 2007 Jeff Butterworth Gray's Station, LLC PO Box 2537 Truckee, CA 96160 Re: Q &D's Compliance with Mitigation Measure 4.1.1d MM 4.1.1d During construction activities, the project applicant shall limit the amount of daily construction equipment traffic by staging construction equipment and vehicles on the project site at the end of each workday rather than moving them. Q &D Construction, Inc. has in the past, and will continue to do our best to comply with MM 4.1.1d on a fleet -wide basis. Please let me know if you require any further information. Sincerely, Jef Bean Project Manager/ Estimator TEL: 775 -786 -2677 P.O. BOX 10865, RENO, NV 89510 NCL: 8197A &B FAX: 775- 786 -5136 1050 S. 21sT STREET, SPARKS, NV 89431 CCL: 427988BA w w w. q d c o n s t r u c t i o n. c o m . . • ' • ■ . . . . . • • • • . . • • . . . , . . . - 1.f.::'',:''i;,.` . '. i :c,:' .; '...t.:'. ,:•, . '., _. :. . • . .. .. • .'..1:•[;.:,].;:,:::;;T:).7.::.i:::ftz:.,,f w,4 upoiufs.0).-“iteridazgigaMe--2:94ad,:a;210-84_:44,0,\ ..,..1A-..eia . ..,2 -at , ...,.......- t s _I Et4,. 4tj E t gtr 4 ' .&"''''' 1- '' ',.. #5,. .. 4 • 4: • .,..4 . . 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"The Team" Golf Shop Information il i PGA - General Manager Summer Golf Shop Hours I Dirk Skillicorn Wednesday — Monday 7:00 a.m. — 7:00 p.m. (i dskillicom @tahoemountainclub.com Tuesday (Maintenance Day) I2:00 pm. — 7:00 p.m. l . PGA - Head Golf Professional Winter Golf Shop Flatus -TBD ij Shane Jones - j. sjones @tahoemounrainclnb.com . Practice Facility Hours `'- Wednesday — Sunday 7:002m. to sunset II PGA -Fast Assistant Golf Professional Monday 7:00a.m. to two (2) hours prior ro sunset Jason Warm • Tuesday I2:00p.m. to sunset r'., jwatcrs @tahocmounrainclub.com • • f Golf Shop Phone Number 530 -550 -5800 Assistant Golf Professional • Golf Shop Fax 530 -550 -5820 Michelle Merriman Web Page www.grayscrossing.com nuneerunatt @tahoemoumtaindub.com E -Mail thegolfclub@grayscrossing.com • Assistant Golf Professional Andre Gust 2007 Golf Fees agust@tahoemo ntaincluhcom " u The Golf Club At Gray's Crossing • Caddie Master Designer: Peter Jacobsen & Jim Hardy • Burderte McLaughlin f Opened: 2007 bntclangltlin @tahoemounraindub,com Course Record: TBD Member Cart Fee $I5 i Retsil Manager -TMC I Accompanied Guest Fee $95 I Jodi Kuhns — Goux - Family /Junior Guest Fee $65 ikuhnsgoux@tahoemountainchtb.com Tuesday Fee (Outside Play) • $250— includes threcaddie Member Unaccompanied Guest Fee $200 —Tuesday only, includes forecaddie Club Rental $30 Titleist & Cobra Bag Carrying Caddie $45 per bag Forecaddie $25 per player j Other Fees 1a . Annual USGA Handicap Fee $35 per person Annual CartTrail Fee $700 . Second Cart Trail Fee $325 II -4- _5- / • • • /4 /.0.2- AA WI EXHIBIT "A" LEGAL DESCRIPTION Gray's Crossing Phase 2 Trails A trail easement for Public Pedestrian ingress /egress including the right to maintain on, over and across those strips of land being within a portion of Section 2, Township 17 North, Range 16 East, Mount Diablo Base and Meridian in the Town of Truckee, County of Nevada and State of California and being more particularly described as follows: Trail Segments 2 and 3 across lots "D" and "J" as shown on the final map for Gray's Crossing Phase 2 recorded as document no. , Nevada County records and further delineated on the attached exhibit made a part hereto. Said easement to be approximate until such time the exact location to be established by the completion of the trail construction, being a (10') foot wide easement. Trail Segment 4 across lot "E" as shown on the final map for Gray's Crossing Phase 2 recorded as document no. , Nevada County records and further delineated on the attached exhibit made a part hereto. Said easement to be approximate until such time the exact location to be established by the completion of the trail construction, being a (10') foot wide easement. Trail Segment 9 (to include bicycle useage) across lot "D" as shown on the final map for Gray's Crossing Phase 2 recorded as document no. , Nevada County records and further delineated on the attached exhibit made a part hereto. Said easement to be approximate until such time the exact location to be established by the completion of the trail construction, being a (20') foot wide easement. sop PLANNING & ENGINEERING, SOD INC. Page 1 of 2 140 LITTON DRIVE, SUITE 240 FE - GRASS VALLEY, CA 95945 S:VOB ADMIN0106 \LEGALDESQO- TRAILS.DOC EXHIBIT "A" °v SSF MAP TO SUPPORT TRAILS EASEMENT FOR GRAY'S CROSSING PHASE 2 1 . ' . . ••�.• ' ''' ' BEING A PORTION OF SECTION 2, SEGMENT #4 S SEGMENT #3 TOWNSHIP 17 NORTH, RANGE 16 EAST, M.D.M., 10' WIDE TRAIL \ .. 10' WIDE TRAIL IN THE TOWN OF TRUCKEE, NEVADA COUNTY, CALIFORNIA. EASEMENT I 0 .. 1�EASEMENT oil it . 44 S *N EN IN dit , INC. Pr • r ♦° OT "E" ' N WM14 OPEN SPACE N a 110 II a o W li I • � � ♦/ _ �'a : : ■ imr :.. N _ LO T • ���„ • ... O� o co Lu 3 Li S m I ♦ GOLF COURSE W tn CO .: :: . • .• ... \ SEGMENT #2 N . . ` \ 10' WIDE TRAIL o a '' EASEMENT RAINBOW / h.. /„/ i ` ._ ..------ / DRIVE \ _ / LOT "D" 89 OPEN SPACE SEGMENT #9 (BICYCLE USEAGE) ROUTE 20' WIDE TRAIL S TATE EASEMENT SHEET 2 OF 2 r .,-,. Fee Items- B07 -22297 16:03 09/11/2007 Item # _Description Fee Amount Pmt Amount Balance Account code 100 Building Permit Fees $3,237.21 $0.00 $3,237.21 70 4)400 -4611 - 105 Building Issuance $36.11 $0.00 $36.11 70 -0400 -4611 107 General Plans Maint. Fee $4.07 . $0.00 $4.07 01 -00 -00 -4641 110 Plan Check $3,237.21 $3,506.39 ($269.18) 70- 04-00 -4612 120 ' Energy Plan Check $485.58 $525.96 ($40.38) 70- 04-00 -4614 140 Electrical Envelope $343.51 $0.00 $343.51 70- 04-00 -4609 _ 150 Electrical Issuance $36.11 $0.00 $36.11 - 70-04-00-4609 160 Plumbing Envelope $281.47 $0.00 $281.47 70-04-00 -4607 170 _Plumbing Issuance $36.11 $0.00 $36.11 70- 04-00 -4607 180 Mechanical Envelope $281.47 $0.00 $28147 - 70- 04-00 -4608 190 Mechanical Issuance $36.11 $0.00 $36.11 70- 04-00 -4608 501 SMIP - Commercial $179.42 $0.00 $179.42 70 -00 -00 -2380 520 Retention 8 -1/2" & Under $50.00 $0.00 $50.00 70- 04-00 -4616 530 Retention Over 8 -1/2" $37.73 $0.00 $37.73 70-04-00 -4616 600 Road Mitigation /Eng. Fee $462.60 $0.00 $462.60 01 -00 -004618 601 Road MitigationlMP $4.16140 1 $0.00 1 $4,163.40 65 -00 -00 -4647 610 Road Develop /Bldg Admin $52.52 $0.00 $52.52 70- 0400 -4619 650 Encroachment/Eng. Fees $110.68 $0.00 $110.68 01-00-00-4645 660 Encroachment/Bldg Admin $52.52 $0.00 $52.52 70- 04-00 -4641 695 Planning Inpection Fees $809.30 $0.00 $809.30 01 -00 -00 -4613 750 Facility Impact Law Enfo $307.64 $0.00 $307.64 66 -00 -00 -4647 755 Facility Impact Animal C $53.37 $0.00 __ $53.37 67 -00 -00 -4647 760 Facility Impact Storm Dr $565.06 $0.00 $565.06 68 -00 -00 -4647 765 Facility Impact General _ $3,183.15 $0.00 $3,183.15 69-00-00-46 770 Facility Impact Admin $410.92 $0.00 $410.92 01 -00 -00 -4618 I ' Total Rows: 25 - • • Page 1 • ,/ Community Development Department j jj. J I 1 1 `_ 1 - _ 10183 Truckee Airport Road '77 s o Truckee, CA 96161 've'r��•Qtsea i e� /•& && .' (530) 582 -7820 BUILDING PERMIT APPLICATION Application / Permit No:B07 -22292 Application Date: 05/24/2007 Permit Type: MFR Issued Date: Expiration Date: Parcel No: 19410 -33 -000 Project Site Address: Project Description: DEER TRAIL TOWNHOMES - BUILDING #5 - UNITS 12 & 13 RESIDENCE (4,455sf) / ATTACHED GARAGE (1,106sf) / STORAGE - MECHANICAL ROOM (60sf) / DECKS (902sf). REF: 07 -22291 SEE PERMIT #07 -22291 FOR ORGINAL / MASTER TOPO & BOUNDARY SURVEY MAP FOR THE VILLAGE AT GRAY'S CROSSING FOR TOWNHOME UNITS #9 TO #13. Owner Name: THE VILLAGE AT GRAYS CROSSING, LP Mailing Address: C/0 OLD GREENWOOD, LLC P.O. BOX 2537 City /State /Zip: TRUCKEE, CA 96160 • Owner Phone: (530) 550 -7058 R. WAGNER ;ontractor: ROBERT MARR CONSTRUCTION, INC. Contractor License No: 445323 Mailing Address: 10363 HIGH STREET Contractor License Expires: 09/30/2008 TRUCKEE, CA Worker's Comp. Policy No.: 0010098 -2005 City/State/Zip: 96161 Insurance Company: STATE FUND Contractor Phone: (530) 587 -2232 Work. Comp. Policy Exp. Date:09 /01/2007 Valuation: Occupancy Type Factor Sq Feet Valuation Dwelling /Living A. Type V - Woodframe 91.57 4,455 $407,944.35 Garage A. Type V - Woodframe 30.42 1,106 $33,644.52 Deck Deck 20.77 902 $18,734.54 Storage Storage 37.33 60 $2,239.80 Totals... 6,523 $462,563.21* Other Information: Snow Load: 0. To schedule inspections please call (530) 582 -7824. Please have Address, APN & Permit Available. District Fees: Payments Paid Check # 7 Y Rec & Park Mitigation Fees: $1,782.00,` m b J School Fees: 5009 -- 11 1 '7 l ( c r Fire Mitigation Fees: $2,023.56 —1'Town of Truckee: $46743e0 $ 1 1 /_ 4 Q a 1 o (Q ` Continued on Next Page • Fee Items- B07 -22292 16:02 09/11/2007 Item # Description Fee Amount I Pmt Amount Balance Account code 100 Building Permit Fees $3,883,60 1 $0.00 $3,883.60 70-0400-4611 105 Building Issuance . $36.11 $0.00 $36.11 70- 04-00 -4611 107 General Plans Maint. Fee $4.07 $0.00 $4.07 01 -00 -00 -4641 110 Plan Check $3,883.60 $3,883.60 $0.00 70- 04-00 -4612 120 Energy Plan Check $582.54 $582.54 $0.00 70- 04-00 -4614 140 Electrical Envelope $247.32 $0.00 $247.32 70- 04-00 -4609 150 Electrical Issuance $36.11 $0.00 $36.11 70-04-00-4609 160 Plumbing Envelope $196.02 $0.00 $196.02 70- 04-00 -4607 ' 170 Plumbing Issuance $36.11 I $0.00 $36.11 70- 04-00 -4607 180 Mechanical Envelope $196.02 $0.00 $196.02 70.0400 -4608 190 Mechanical Issuance $36.11 $0.00 $36.11 70-04-00-4608 500 SMIP - Residential $46.26 $0.00 $46.26 70- 00- 00- 2380_ 520 Retention 8 -1/2" & Under $20.00 $0.00 $20.00 70 -04 -00 -4616 530 Retention Over 8-1/2" • . $96.25. $0.00 $96.25 .70 -0400 -4616 600 i Road Mitigation/Eng. Fee $308.40 $0.00 _ $308.40 01 -00 -00 -4618 601 ' RoadiMitgatlonIMP .$2,775.60- $0.00 $2,775.60 65 -00 -00 -4647 610 Road Develop /Bldg Admin $52.52 $0.00 $52.52 70-04'00-4619 650 Encroachment/Eng. Fees $110.68 $0.00 $110.68 01-00-00-4645 • 660 ' Encroachment/Bldg Admin $52.52 $0.00 $52.52 70 -04-00 -4641 695 Planning Inspection Fees $970.90 $0.00 $970.90 01-00-00-4613 750 Facility Impact Law Enfo $137.83 $0.00 $137.83 66 -00 -00 -4647 755 Animal C $78.61 $0.00 67 -00 -00 -4647 • 760 Facility Impact Storm Dr $1,004.67 $0.00 $1,004.67 68 -00 -00 -4647 765 Facility Impact General _ $1,091.89 69 -00 -00 -4647 770 Facility Impact Admin $231.30 $0.00 $231.30 1 01-00-00-4618 Total Rows: 25 • • • • • • • • Page 1 Mt q.2. I Phase 1* Mitigation Measures Gray's Crossing Fair Share Contribution I Phase 1' Total Total Fair Trip Project Phase it Share (EIR Phase 1' % Estimated Fair Share Intersection Improvement Fair Sham Generation Trip Sham Tables 42 -16 Fair Share provement Cost (trips) Generation y0 (661617) g 4.2-37) Cost SR 267 Bypass!I -80 WB Ramp 86 617 10.70% 20.00°/. 2.14% 52,000,000 542,788 SR 267 Bypass /1.80 EB Ramp 66 617 10.70% 19.00% 2.03% $2,000,000 540,648 Donner Pass RDII -80 EB 66 617 10.70% 19.00% 2.03% $1,000,000 520,324 Ramp Glenshlre DR/Donner Pass 66 617 10.7070 16.00% 1.71 ° /, Rd $600,000 510,269 BrfdgeST /Donner Pass 66 617 10.70% 25.00% 2.67% 5513,000 RD /Brockway Road 513,719 Brockway Road)W. River ST 66 617 10.70% 2.00% 0.21% 5513.000 51,098 SR 267 Bypass/Brockway /Soaring 66 617 10.70°/. 4.00% 0.43% 52,000,000 $8,558 Way . SR 267 /Airport Rd /Schaffer 66 617 10.70% 2.009. 0.21% 5888,000 51,857 Mill RD SR 267 /Northstar Dr 66 617 10.70% 10.00% 1.07°/. 5388,000 54,150 Donner Pass Road /Pioneer 66 617 10,70% 16.00% 1.T1% $1,000,000 517,115 Trail 1 i Widen SR 267 66 617 10.70% 3.00% 0.32% 515,600,000 550,062 NO Longer a Placer Widen Schaffer Mill Road 66 617 10,70% _ -- County Project Thursday, Octaber2l, 2004 i `` i � r Total Ow : X2 10,587 ` Does not Include cottage units • a fair -share cost for these unit will be required prior to their recordation AO g c- -S�i.r�' f" C io�g COMPANY 411(} c ft on Q1�Q�iVr S W 2 sT l a (c o ) / /� ACCT CODE / 47/4,M-7,7414 H:1Phase1 Gray's.As I OG —Cj LI ACCT DECRIP ' t CC G l •t t,.k tGZ -Z /r ti t APPROVED ( 4 N r I 2093 OUR REF. NO. 0.4VOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET CHECK AMOUNT :302 Ph 1 Mitigation 10/21/2004 210587.00 210587.00 0.00 210587.00 . 7o- r 1 C,i F Xl t � . yt V lJ o-� .[ 'fs fh4 P r q 'v i �,t Fl o$TB�„ r N : Y 2 0 9 3 w QRAYzS COS71,`a c h! 4LkG ii TRUCIfE fia/C"'96160� xvt 5 e r', - ,.( b.NECK pAT 1 COM'FiOLNUMBER AMO x0/29 2Q64 082093 * * ** *210567. 00 pp ppy' 'P5o llyrtdred Ten.1'hov9aYid Five HundYefl, z�gh�y+. �n(1 OU / ;q0 � --, ORDER T of Truckee 4r� 'PK - AMOUNTS OVER $ 2 000A: REOUIRE 7WD SIGNATURES • • �5 10183 Truckee &irpont. R§dd - ., li•002D93u• ' :1132iO3999I"6:24550.2.12L" - GRAY'S CROSSING, LLC 2093 ^ 00-061 .h 1 1638 (LAM gc9 57 43 6• t 35r, - ta pi 31) q IU - 003 S 433 AGENDA ITEM, i •a TOWN OP Ti c E MU .4" 4._ t D , f'. - MEETING DATE: April 5, 2007 TO: Honorable Mayor and Council Members FROM: Daniel P. Wilkins, Public Works Director/Tow ngin =-r SUBJECT: Gray's Crossing, Phase 3 Subdivision Impr'veme Agreement APPROVED BY To "A; shbrook, Town Manager RECOMMENDATIONS: 1. Council authorize the Town Manager to execute a subdivision improvement agreement with Gray's Station LLC for Phase 3 of the Gray's Crossing Subdivision. 2. Council authorize staff to eliminate the requirement for the left turn pocket construction at the SR • 89 /Prosser Dam Road /Alder Drive intersection as stated in the subdivision improvement agreement for Phase 1 of the Gray's Crossing Subdivision in favor of roundabout construction. 3. Council authorize staff to relax the timing requirements for the roundabout construction at the SR 89 /Prosser Dam Road /Alder Drive intersection as stated in the subdivision improvement agreement for Phase 2 of the Gray's Crossing Subdivision. DISCUSSION: Gray's Station LLC has requested to record a Final Map for Phase 3 of the Gray's Crossing Subdivision. Please refer to the attached Gray's Crossing Construction Exhibit for the construction phasing of the Gray's Crossing Project. Construction of the onsite improvements for Phase 3 of the project as shown on the improvement plans is nearly complete. The project owner would like to execute a subdivision improvement agreement for the construction of the remaining Phase 3 improvements. The agreement includes a security in the amount of 125% of the estimated cost of the remaining improvements and a timeframe for completion of such improvements by October 15, 2007. In addition, there are several offsite improvements that are associated with the Gray's Crossing Project. Subdivision improvement agreements have previously been recorded with the Final Maps of Gray's Crossing, Phase 1 and Gray's Crossing, Phase 2. The estimated costs of offsite improvements have increased since these agreements were executed. The attached.subdivision improvement agreement for Phase 3 will secure additional funding due to the increased estimated costs and will set forth adjusted timelines for several of the outstanding items associated with the Gray's Crossing Project as follows: 1. Complete construction of the roundabout at SR 89 /Donner Pass Road by October 15, 2007. The subdivision improvement agreement for Phase 3 increases the security amount for the construction of this roundabout to the most recent cost estimate. Town Council Staff Report Page 1 of 3 . AGENDA ITEM • 2. The construction of a left tum pocket at the SR 89 /Prosser Dam Road /Alder Drive intersection by October 28, 2006 was required by the subdivision improvement agreement for Phase 1. The construction of the left turn pocket In 2006 was delayed due to the discovery of an archeological site In the northeast quadrant of the intersection. Intersection improvements at SR 89 /Prosser Dam Road /Alder Drive required by the development agreement consisted of either a traffic signal or a roundabout. The left turn pocket was required to act as an interim measure until either the traffic signal or roundabout was constructed. Gray's Crossing LLC has committed to constructing roundabouts through the construction agreement approved by Town Council on December 21, 2006. An archeological investigation of the identified site Is scheduled to begin May 1, 2007. The construction of the left turn pocket can not begin until fall of 2007. With the roundabout at SR 89 /Prosser Dam Road /Alder Drive scheduled to begin in May of 2008, Gray's Station LLC is requesting that the requirement to construct the left turn pocket be eliminated. If a traffic signal was proposed at this location, the construction of an interim left turn pocket could be incorporated into the construction of the traffic signal. However, if a roundabout is proposed, the construction of an interim left turn pocket would then be tom up as part of the roundabout construction. Grays Crossing LLC held two neighborhood meetings to update residents of the proposed upcoming construction schedule and receive feedback regarding the proposed timing of the northem roundabout and potential elimination of the construction of the interim left turn pocket. The general consensus of the citizens in attendance was to forego the construction of the left turn pocket this fall in light of the proposed start date of the roundabout in spring of 2008. With the roundabout at the SR 89 /Donner Pass Road intersection proposed for construction this summer, Town Staff believes that the nuisance of additional construction activity and traffic handling associated with the construction of the left turn pocket will outweigh the benefit of the left turn pocket, especially since the work will be torn up as part of the roundabout construction at the same location in the spring of 2008. In addition, the primary concern voiced at the neighborhood meetings was the traffic speed . along SR 89 and staff is concerned that the roadway widening necessary for the construction of the left turn pocket could increase travel speeds, particularly in the northbound direction of travel. 3. The construction of the roundabout at the SR 89 /Prosser Dam Road /Alder Drive intersection by October 1, 2007 was required by the subdivision improvement agreement for Phase 2. Gray's Station LLC has requested that the timing set forth by the subdivision improvement agreement for Phase 2 be relaxed to allow for the proposed roundabout completion date of October 15, 2008. The construction of the roundabout faces the same delay due to the archeological site as does the left tum pocket. The subdivision improvement agreement for Phase 3 requires construction of the roundabout at SR 89 /Prosser Dam Road /Alder Drive by October 15. 2008 and increases the security amount for the construction of this roundabout to the most recent cost estimate. 4. Complete construction of the onsite trails as shown on the improvement plans titled, Onsite Improvements for Gray's Crossing Trails Layout and Design and the offsite trail connecting to downtown by October 15, 2007 after review and approval of (he plans by the Town. The subdivision improvement agreement for Phase 3 includes a security amount for the construction of the trails including the offsite trail connection to downtown. Prior to recordation of the final map for Phase 3, Gray's Station LLC shall also pay their fair share to mitigate regional traffic impacts for the Phase 3 ($130,819), Phase 3b ($57,433), Golf Club ($57,433) and Employee /• • •able Housing ($73,386) components of the Gray's Crossing Subdivision which tota $319,071. - Town Council Staff Report Page 2 of 3 AGENDA ITEM PUBLIC COMMUNICATION: Gray's Station LLC held the first neighborhood meeting on March 12, 2007 for the Prosser Dam Road area residents and the second meeting on March 27, 2007 for the Alder Drive area residents. Attached are the letters sent to the residents of the Prosser Dam Road area and the Alder Drive area summarizing the feedback received at the two meetings. FISCAL IMPACT: Staff time associated with preparation, execution and monitoring of the subdivision Improvement agreement. ATTACHMENTS; 1. Gray's Crossing Construction Exhibit 2. Gray's Crossing, Phase 1 Subdivision Improvement Agreement 3. Gray's Crossing, Phase 2 Subdivision Improvement Agreement 4. Gray's Crossing, Phase 3 Subdivision Improvement Agreement • 5. Letter to Prosser Dam Road area residents regarding Gray's Crossing meeting 6. Letter to Alder Drive area residents regarding Gray's Crossing meeting Town Council Staff Report Page 3 of 3 7 ',2-`L -.'S r r 4 * 4 r , CRAY'S CROSSING, I.LC } 4 ) 13 3 TrofcMillgation Measure$ P 1 �e 's" . es: .. x744 Trip coaNeo Fer Slum .'s Thais l Tee 423 f6 14913 F ,'. 660 53+'It �r. !?,.. y d • Phat1(fi61tO5T,wlla]) 101 16.9% C Y 1 �"' '� 9901 . . -.0 Mut 3 4 tc 6) 41 66% J '.-1tw i " F y 2-, lime 3 k Wlfca.. 4.23 9) 11 19% � �� ,I' Club Onldup RGell Come 8.42-3 Su. 5) 11 x9Y. 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I _ rt4 •C131ANS :.'AH13 In c SrVS Pl0881iSl - OAAV.'s CROSSING LL 1. 4/30I 000 ' ; Rc(Nb I N6r ^1ra47331e I As dual Alnob 19414 . D Tpkelj Net Cfifck Arai 0044 R4 47792'6 ] •:j04/24/b7 hoc 00" ° 600 Otl o ;66• "' ::, 004485 47793,2 a r{ - 04/24/07 JF'Z SO0 0q 25 300 ) t 0 0 , 004 a86 497934 1 y 1- '04/24/07 rf�e 089 00e 3 ll95100 b c.1.-2.,:::::::;;: 59;199 40' D ' [ 1 1 f f ' - i 3 , (; y t.4 (10 i t � t i , .. :' f \ .. t 1 1 I\ . \, f M LI I r( on S � ycF~l • isI t - t + Z / FIRST BANK OF AVON .. 22 . . I POST OFFICE 00X'5270 1' GRAY'S CR05sIN0 LLC Avow, CO 01620; i' , cn ck • • ' 004197 • ,-S P017 OFFIQ8QX' 2537 1 T000KSE, OA F96160 CSack Data Ch96k Anomie I 4/302007 $59,1g9.001 •' •• Void alto 90 days IT Fifty :Nine IDwnand One Hundred Eighty - ZAne, and 00 /100 •• Two Signatures Rdquired for Amounts S20,000 and Ovor FAYTOTOIE AHD Inalt3nce Sr Financial ` OnOER OF Dept 33957: - PO. Dole 390011. . .. San Francisco, CA 991]9 -0001 " • AuthoZ£ a4' Signatureo VA % `ABD m siv6 rmunct4l y : 6 RAV S Crs0 ll c r "4/ i y'.lt Invotcc T16t . '.Inv Dt4 , (4 Amoum 4 A ti \ d D ie F. j N,t CM<ck A mt 004404 47 7920 '.0$/24/07 ',';'( 600 00 '' ,4000Q 004485" 477932 04/29/07 s'25 500 00 25 500 00 004486 477934 - .04/24/07 33 609 00:. 33 009 00, 54,109.00 :p n . . .:004197 YV j Y+'( 7. I -- 1-01/n-- r t. 1 ' [ A aFi RILE &CJ1V T IRL.>xS- -!4 -F �;911 d�JstitZc6. 1z 17;., • 04/24/07 04/24/07 R LI tnsuf"ande Company � � $ { ry . & z x to ?; Po11cy�No 'CM5221429 IS "L 009 00 3 U 1� 0,} /2A /09'New subdi,Z impzovement Bond Gray s �9tatlon 1LLC Townso I I S Phdse b pvements to t. ;- Road Remaining onoite ��.j.,improJeWents and`Onoite /Offence Trails Bond Amount $3 308�856 ell' { I Invonce Number 474934. Amount Due 33 009.00 G — ✓r Gasri�Aai � • � — 7 � APR 2'7 ,v i xc ^. rc, �aT, �7e" y�, E�igfs' ?.:,... ereni�uM9;pi1#HanllTeafleti�ar'on 6%et9N$loetuiGxl7i- , x+...�'�t. �' 717'1 ":•'�:•:*� SLN Page: 1 ORIGINAL INVOICE CA Uccnu 00U585ll WA Licence MABDINF4973MW NV Gantt 011049 • • r ) .k �4 „ ...W1 -r .-..� ,• s�fiC1•LYZY�1Yffi`rf irC4i7t ThThi ” r- [ fFPt�i'. CflU1C ' rP L t � 04/a4/D71 1' Ineernat19113L F1de1�1ey Insurance 'CO _ 1: F CO Pol ub _,0442905o 3r 1 25 900 00,..E - y l �. �R: 04/24/09': New SubdSV Improvement Eond Gray s V Trucke LLC Town t5E Truckee _ - j Ppave 3 %Impio to _ a .Roundabout at SR99 /Pr000er Dam r'ROad /Al,der Drive `„ �'. Bond Amount �S2 550 000 r i. ylnvc>.ce Number 477932 Amount Due. 25 500.00 \ µC 7 OPF X7 73— /07)C)Y APR 2 2PJ `1 it; 7 y, � . . &C ... P/1 ,rpen _ !yt4 i ...57ic .5: P,rel111bms -Pua and!flayableion'Eftactivo p te= ,Pr4' JLN Page: 1 ORIGINAL INVOICE CA Llvme Y0D56513 WA License #ABDINF+973M W NV Littnw 111049 • /441 VA/ r .,7 tQ 7 `R ' To wn •of Truckee GRAY' S. CROSSf 4G, LLC r 9/6/2 • 'RfNbr } t orceNbr I n D ". f AmptnflPaid' biscTaken - Net Check Amt 004417 PH3 ti'r /04/07 319 `071 00 z 319 071 0 0 ;' 0 00 319 071 0 I ..... r :t 1 � ., r a V,:t�..'e3SU. f P j JA �O htL; �9?: rncL - v U ! . A* :c n r't a „# « r �y -.. r 41 • • • FIRSTBANICOFAVON 5 2 . 393/102 POST OFFTC6 EOX 5270 - GRAX'S Ct..SSING, LLC AVON, CO 81620 Check 604162 POST OFPI BOX - 2537 - • �TRUCKEE _CA '967.60_` Cheek -Date Cheek Amount • 416/2007 . • * ** *$319,071..00 ** Void after ,90 days *' Three Hundred Nineteen Thousand Seventy - One . and 0D /100 ' - - - • . ** Two. Signatures Required for Amounts $20,000 and Over. ** PAY TOTHE . Toed -of T.t r ckee -' :- - 3RDER OF 1018 Ttgck Ai/port. Road - - Tru "e14.:...: 96161 - - - - . Author'ized_Sighatiures • 1 . • • P bW N TR T p ofT r u t k ee QkAY'SCOSING 4/6/2007 RefNbr hwp®eNbr InveDate { InvotdeAmoutiti ';' 41:110 nMetd Dtscfalen NctCh&$.Amt ' 0 04417 Pk3 T;aft4 t1Fee 041 4/07 - 319 "-6 00 v - 31J Q71 00 ' 319. :,071 00 Y t - i - t y r , T 4/.2.8 TOWN OF TP�JCE DATE: October 7, 2005 TO: Todd Landry, Associate Engineer FROM: Heidi Burns, Associate Planner SUBJECT: Gray's Crossing Regional Impact Mitigation Fee Attached, please find a check in the amount of $331,834 per mitigation measure 4.2.8 of the Gray's Crossing specific Plan for Phase 2. Please verify if this is the correct amount. Heidi f LS ;S C°ff eu�• 11E1- ro l�.log GRAY' 3 CROSSING, LLC 27 5 5 J i ( OUR REF. NO. YOUR INVOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET CHECK AMOUNT 002347 TrafficMitigFee 9/23/2005 331834.00 331834.00 0.00 331834.00 Fke a /. titek5 8 + 7 ;r -c" c n ' . .tY 3 �' + .}rn '�' S t4, ^ „ y,r ,, „, ° . ,.z 4 r. ] 2755.55' S r r } t }} 4 v ,,� F _N ,{� x� � �F tt y FlRSTBANK s 1 } Y ,,} 'Y 11 {'He l fn i r" ,�,t + s�'y.'' 8 e de`'��1`1't"l'3 -'`' ty e �, T " s `"� �y, x k r .)' " �* S y . `' AVON CO 87620 � i " • i i ror'r- ;r "'44-17;641:-/ ?.r �.?=t I'� a,>",+"v r w i " , h ° + ro 8 2 3991027 X t r� , t,. nc GRAY S CROSSING LLC 1 r * a t w is ' tF '�" rr^u i 'ga� f '• ,. eF w h t a i) ,y 1 'ar r 9 f r'# r t r 7 { tixxPOtBOX2537 ir,., I ^T. a ,� f r ° 4 r F 6 K s 9 s, r r L!d ,. ,� { t , CA 96160 C rf t ' - r C HECKOATE , COMROLNUMBER AMOUNT '''.114';1'1. x 51 i- y r (580) 567 2222 ,:.14,14 u 1 ,S x '/ r t it r t t :F s H r t .. ' ' + : = ; I ' , -.� 9/28 /2005 , 002755 " * ▪ * * *331834 00,. I 1 'a ¢ th".4 l r , 6 \,. O s E ``Three d Thirty ne , Thou and E r g ht H u nd r e d Thrrty'Four and 00 /100 - > >5 i r PAY A ORDER. Town -of Truckee `+ f'F: 10183` Truckee` Airport Road - AMOUNTS OVER 520,000 EOUIRETWOSIGNATURES Truckee CA ':'96161 / TDWH OP • •• �il . - ., N a. DATE: October 26, 2004 TO: Heidi Burns FROM: Pat Perkins SUBJECT: Final Map for Gray's Crossing – Phase 1 I have completed my review of the final map for phase 1 of Gray's Crossing. This review does not include any portion of the cottage units, as a separate final map will be required for those improvements. The following items need to be satisfied prior to final map approval. I understand that the applicant and the Town are working on all the items listed below. 1. The applicant needs to complete the Subdivision Improvement agreement. 2. The applicant needs to 'comply with Mitigation Measure 4.2.1 and 4.2.8 for fair share of the off site contributions. This amount is $210, 587. I have sent a fax to Rick McConn regarding this amount pfi y' ,o y l o — � my 3. A surety needs to be submitted to the Town or $300,000 to used to rd e / intersection improvements of a left tum pocket at t e • - ection of Highway 89 /0 _ 7 , 41 ,„ - -) and Alder /Prosser. 4. Mitigation Measure 4.4.3 regarding bus lanes will need to be addressed by , Facility Services. Additionally, prior to Phase 2 the applicant needs to comply with condition # 39 d which relates to the Hwy 89 /DPR improvements. 7oc', 0 C 4 t7, (T c 0 Wire Transfers Sent Detail Report FIRSTBANK DATA CORPORATION Status: Sent • Pay to the Order Of Roper. FI Number Originator Account $ Transfer Amount BeneficiaryAcct Beneficiary FI Name Account Number /ABA Trace Number GRAYS CROSSING LLC No IlitAMINS Gray's Station $300,000.00 IQiennWiteltib USBANK /SWh4eW r W W*0~ Originator. GRAYS STATION - 26- 0048308 Advice Code: Wire Type/Code: 1000 CTR Originator to Beneficiary Information TOWN OF TRUCKEE TURN LANE SURETY • Non - Customer Data ( • • A ? Lyle NC ddre: 0 V Address 1: Address 2: City: State: Zip Code: ((�� Identification # 1 Identification # 2 �\ Type: Type: L � Number Number: - Originator to Beneficiary Information: Prepared: Ed Morgan Approved: Ed Morgan - User 2 Sent: Ed Morgan - User 2 W26423.CMP 10/28/2004 11:22:22 AM 10/28/2004 11:24:49 AM 10/28/2004 11:24:58 AM • 2 Sent $1,490,503.00 • • . .WIRE ADVICE FIRSTBANK OF AVON WE HAVE DEBITED YOUR ACCOUNT PO BOX 5270 WINVOOMMRPOIL FOR THE FOLLOWING AVON CO 81620 -5270 WIRE TRANSFER ON 10/28/04. (970) 949 -0100 • -REF-•NO-•- 02-49 -- • RECEIVING BANK = USBANK 1 BENEFICIARY = GRAYS CROSSING LLC BENEFICIARY ACCOUNT NUMBER = 153492832818 ,! 2004 INFO = TOWN OF TRUCKEE TURN LANE SURETY - AMOUNT GRAY'S STATION LLC U.S 300,000.00 DBA GRAY'S CROSSING • C/O EAST WEST PARTNERS TAHOE THE $ 7.50 WIRE FEE PO BOX 2537 IS INCLUDED IN YOUR TRUCKEE CA 96160 -2537 MONTHLY SERVICE CHARGE CALCI.JLATION. 4fil 4 t. TRANSIT PLAN DEFERRAL AGREEMENT This Transit Plan Deferral Agreement is entered into this of October 2005, by and between Gray's Station, LLC, a Delaware Limited Liability Company (Gray's Station) and the Town of Truckee, a municipal corporation ( "Town "). RECITIALS WHEREAS, a mixed used project owned by Gray's Station known as Gray's Crossing, was approved by the Town of Truckee Town Council on February 5, 2004, including approval of a Development Agreement, Conditions of Approval and Mitigation Measures; and WHEREAS, a component of Gray's Crossing includes a provision for the development and implementation of a Transit Plan as described in Section 3.7 of the Development Agreement, Condition No. 55 of Town Council Resolution 2003 -54, and in Mitigation Measure 4.2.9; and WHEREAS, Mitigation Measure 4.2.9 requires Gray's Station to prepare a Transit Plan prior to recordation of a final subdivision map for Phase II, which phase at that time primarily included Gray's Village and the 92 -Unit Employee Housing project, and further which project components have been deferred by Gray's Station until future phases of Gray's Crossing; and WHEREAS, until occupancy of the commercial component of Gray's Village or occupancy of the 92 -Unit Employee Housing project occurs, there is limited transit demand at this time; and -1- WHEREAS, it is Gray's Station's desire to defer the Gray's Crossing Transit Plan requirements until occupancy of the commercial component of Gray's Village or occupancy of the 92 -Unit Employee Housing project, which is consistent with the intent of Mitigation Measure 4.2.9; and WHEREAS, it is Gray's Station's and the Town's desire to reach agreement on the components of the Gray's Station Transit Plan for the owners, residents, lodging guests, employees, and further reach agreement on the coordination and linkage of the Gray's Station Transit Plan with the Town's town -wide public transit system -all consistent with Section 3.7 of the Development Agreement to ensure a comprehensive transit plan with the goal of providing an efficient cost effective transit system to serve the community and general public; and WHEREAS, the Town has developed a preliminary town -wide public transit plan, a copy of which is attached as Exhibit "A" and made a part hereof by reference; and WHEREAS, Gray's Station has developed a preliminary Gray's Crossing Project Transit Plan, a plan for the operation and maintenance of shuttles serving the owners, residents, lodging guest and employees of Gray's Crossing, which includes service to downtown Truckee and Northstar as well as a funding source to ensure the Gray's Crossing Project Transit Plan will be implemented, a copy of which is attached to Exhibit `B" and made a part hereof by reference. NOW, THEREFORE, Gray's Station and the Town mutually agree as follows: 1. The Town agrees to hire the traffic consulting firm of LSC (or any similar qualified transit consulting firm) and Gray's Station agrees to reimburse the -2- Town for hiring such firm, for the purpose of analyzing the connection between the Gray's Crossing and Old Greenwood Transit Plans and other public and private transit providers and to analyze the feasibility of a Town public transit connection between Gray's Crossing, Old Greenwood and the Town of Truckee, consistent with Section 3.7 of the Development Agreement. This analysis will include proposed main routes, schedules, financial viability and a determination of Gray's Crossing's fair share of any expanded public link between the Town and Gray's Crossing. Any said link and fair share must be reasonably approved by Gray's Station and the Town. The Town will prepare the initial scope of work for LSC no later then November 15, 2005, which shall be subject to the reasonable approval of Gray's Station, and the Town will sign a contract with LSC no later than December 31, 2005, which contract shall be subject to the reasonable approval of Gray's Station. 2. Gray's Station agrees to cooperate and work in good faith towards the Town's development of a town -wide transit plan, as required by the project documents, with the Town being responsible for the public transit system. Gray's Station will diligently work to ensure that the Gray's Crossing Transit Plan and Old Greenwood Transit Plan is coordinated with, and not duplicative of, the Town's public transit plan, meets the short and long term transit needs of each project and the community; and Gray's Station will be responsible for its fair share cost of said town -wide public transit system. Gray's Station shall receive a credit against its fair share obligation for any Gray's Crossing -3- r transit services available to the public outside of those connection services intended by Section 3.7 of the Development Agreement. 3. The Transit Plan required in item number 1 above, shall be completed prior to occupancy of any commercial building in Gray's Village, and/or occupancy of any unit of the 92 -Unit Employee Housing project, whichever occurs first. 4. This Transit Plan Deferral Agreement is intended to be an implementation of the Transit Plan requirement imposed upon Gray's Crossing in the project approval documents. It is anticipated that the Gray's Crossing Transit Plan and the Town's public transit system will be modified and further defined as town -wide public transit demands increase. 5. Gray's Station represents to the Town that East West Partners has been a long standing member of the Truckee North Tahoe Transit Management Association and will continue said membership. -4- GRAY'S STATION, LLC, a Delaware limited liability company By: East West Resort Development V, L.P., L.L.L.P., a Delaware limited partnership as a member and manager By: HF Holding Corporation, a Colorado corporation as its general partner • Dated: By: Name: ,4. Title: TOWN OF TRUCKEE, a municipal / i $ . Dated: to / 0 y f By: _„l„.1 Namer Tony Lashbrook Title: Town Manager -5- 11/3/2004 10:34 All FROM: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 002 OF 007 0/04 4 3 ,2a 1111111 I I 1 11111111111111111111 H 111111111 H I I I I I I Recording Requested By And Nevada, Count Recorder Kathleen Smith When Recorded Return to: DOC— 2004 - 0045640 -00 Check Number 41837 TRUCKEE TAHOE AIRPORT DISTRICT Monday, NOV 01, 2004 09:00:00 Attention: General Manager REc $10.0e: $5.00:MIC 51.00 10356 Truckee Ai rP9 �T $5.80: Road 6� 61 Truckee, California 96161 Ttl Pd $22.00 Nbr- 0000339666 KLB/KB/1 -6 Spare Above for Recorder S the OVERFLIGHT EASEMENT This indenture made this 24 7 y of t 4I " , 2004, between GRAY'S STATION, LLC, a Limited Liability Company, herein after referred to as Grantor, and the TRUCKEE TAHOE AIRPORT DISTRICT, a political subdivision of the State of California, hereinafter referred to as Grantee. The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the following described parcel of land in which the Grantor holds a fee simple estate. The real property which is subject to this easement is depicted on Exhibit A attached and incorporated herein by this reference. The easement applies to the Airspace located two hundred feet (200') or more above the natural ground level at each point on the real property depicted on Exhibit A hereto, the intent being that the easement area will follow the contours of the natural ground level of the real property, starting at two hundred feet (200') above said natural ground level at each point and continue upwards without limit. The aforesaid easement and right -of -way includes, but is not limited to: 1- For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the Airspace hereinabove described; and 2. The easement and right to cause or create, or permit or allow to be caused and created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air illumina` s and fuel consumption as maybe inherent in, or may arise or occur from or during the operation of aircraft and any and all kinds, now or hereafter known or used, for navigation of or flight in air; and 3. A continuing right to clear and keep clear from the Airspace any portion of buildings, structures or improvements of any kinds, and oftrees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees, or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees • 11/3/2004 10:34 AM FROM: Data Trace Help Dec Data Trace TO: 624 -0960 PAGE: 003 OF 007 • • 0456.40 which extend into or above the Airspace; and 4. The right to make and light, or cause or require to be marked and lighted, as obstructions to air navigation, any and all buildings, structures or other improvements, and trees or other objects, which extend into or above the Airspace; and 5. The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice. For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the Grantee, for the direct benefit of the real property constituting the Truckee Tahoe Airport hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct, install, erect, place or grow, in or upon the hereinabove described real property, nor will they permit or allow any building structure, improvement, tree, or other object to extend into or above the Airspace so as to constitute an obstruction to air navigation or to obstruct or interfere with the use of the easement and rights -of -way herein granted. The easements and rights -of -way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the Truckee Tahoe Airport, in the Counties of Placer and Nevada, State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit the Grantee and any and all members ofthe general public who may use said easement or right -of -way, in landing at, taking off from or operating such aircraft in or about the Truckee Tahoe Airport, or in otherwise flying through said Airspace. Grantor, together with its successors in interest and assigns, hereby waives its right to legal action against Grantee, its successors or assigns for monetary damages or other redress due to impacts, as described in paragraph (2) of the granted rights of easement associated with aircraft operations in the air or on the ground at airport, including future increases in the volume or changes in location of said operations. Furthermore, Grantee, its successors, and assigns shall have no duty to avoid or mitigate such damages through physical modification of airport facilities or establishment or modification of aircraft operational procedures or restrictions. However, this waiver shall not apply if the airport role or character of its usage (as identified in an adopted airport master plan, for example) changes in a fundamental manner which could not reasonably havebeen anticipated at the time of the granting of this easement and which results in a substantial increase in the impacts associated with aircraft operations. Also, this grant of easement shall not operate to deprive the Grantor, its successors or assigns of any rights which may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement and said Truckee Tahoe Airport is The dominant tenement 11/3/2004 10:34 AM . FROM: Data Trace Help Des Data Trace TO: 624-0960 PAGE: 004 OF 007 • 045640 • GRANTOR: GRAY'S STATION, LLC, a Delaware limited liability company By East West Resort Development V, L.P., L.L.L.P., a Delaware limited partnership as a member and manager By: HE Holding Corporation, a Colorado corporation as its general partner By: Dated: /7 Name: re-- a's,'" Title: t//a9 • 11/3/200d 10:34 AM FROM: Data Trace Help Dee Data Trace TO: G24 -0960 PAGE: DOS OF 007 045640 • State of California ) County of 4 I/Lo ) �� - t On Ou )l , 2004, before me, vN t i �f 4 personally appeared £.r /trrost.n..._/ , personally known to me (or proved tome on the basis of satisfactory evidence) to be the persons whose nazneVag subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons acted, executed the instrument. 7W S my hand and official seaL L e:e ¢_-/ (Seal) Notalic t 4 , 7 / / i — NCO / ,,.. nx.+aN Commission No.: ��-:". G �- Commis ` .••,' tO 0 � 1 1 1761 My Expires: ' O * "t° , hie _ CO t a r A Carn • • • i • 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 006 OF 007 045640 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached document is hereby accepted by the undersigned President of, and on behalf of, the Board of Directors of the Truckee Tahoe Airport District pursuant to authority conferred by the Board of Directors on November 9, 2001, by Resolution No. 2001 -09, and Grantee consents to the recordation thereof by its duly authorized officer. Dated: /0 — /9 0 4' TRUCKEE TAHOE AIRPORT DISTRICT By. - Name: Ks e/ Fvs7 Title: �. rrritr?a,y - State of California ) County of PI or, or ) On 110C--1 I I er 2004, before me, • 11 1 G . C. 0. A Y ►' • ► A►, f I C. personally appeared Ken PC/StP , personally known to me (or proved to me on the basis of satisfactory evidence) to be the personx whose namek are subscribed io the within instrument and aclmowledged to me that they executed the same in their authorized capacity, and that by their signature* on the instrument the person4, or the entities upon behalf of which the persons acted, executed the instrument. WITNESS my band and official seal. BA RARAJ. BUTTERRaD ■ 1 , y* E TC Commisslcnf1330753 l Public- Cs 11 i , N ota ry YEOmla I 1 ) i • / r �,�, coign. l�pmsNw 10■2005 _ 'lr �:�1JK ;i sat , 1 ?� Placer County Notary Public Commission No.: _ { S30n53 My Commission Expires: II /t'*/0s - • • — r 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 007 OF 007 • • 045640 Exhibit A LEGAL DESCRIPTION OVERFLIGHT EASEMENT All that real property situated in the Town of Truckee, County of Nevada, State of California, being a portion of the W.1/2 Section 1, a portion of section 2 and a portion of the N.112 section 11, Township 17 North, Range 16 East, Mount Diablo Base and Meridian and being more particularly described as follows: All that real property within the aforementioned section 1, 2 and 11 being North of Northerly right of way line of Alder Drive and West of Westerly right of way line of Highway 89, being also described as Lots 1 and 2 as shown on final map no. 88-11, Boca sierra Estates, recorded iabook 7 of subdivisions, page 113, O.R.N.C.; also including all property North of the northerly right -of -way line of Prosser Dam Road and East of the Easterly right of way line of State Highway 89, being also described as lots 4, 5, 6, 7 and 8 per said Boca Sierra Estates Final Map; said property also includes parcel 2 as shown and so designated on lot line adjustment #03 -067, recorded as document no. 2004- 027862, Official Records of Nevada County; also including all property South of Prosser Dam Road being described as lots 9,10, 12, 21 and 22 per said Boca Sierra Estates Final Map; excepting therefrom all property South of the Northerly right of way line of Interstate. 80 and Southwest of the Northeasterly right of way line of State Highway 89 as indicated on document no. 2000 - 12243, Official records of Nevada County. 41 1 ` K Be OF DOCUNolT STAPP # no. 4332 * s, 1' Dt Ckl.00tP �m num T -547 P.002/004 F -357 • RECORDING REQUESTED BY AND writ .N 111 III 011111 II 111111111111T • 3 RECORDED MAIL TO: 4y 3 ' Nevada, a fminfiv Recorder PORTER•SIIvION Kathleen Smith HOC 2004-0046064 -00 ATTN.: JAMES L. PORTER, JR 40200 TRUCKEE AIRPORT ROAD Root 5-Fidelity National Title Co Wednesday, NOV 03, 2004 08:00:00 TRUCKCEE,CA96161 REC $7.00:5BS $2.00 :n1C $1.00 RUT 53.00i Ttl Pd 813 Nb RECORDING REQUESTED BY 1 /EM/1 ENM /EM /1 - ] FIDELITY. NATIONAL TITLE _ _____ -. - - - -_ - L qte_itlit ___ _- ( (Space above for Recorder's use only -- DEED RESTRICTION .. . This Deed Restriction shall apply to that certain real property located in the County of Nevada and more particularly described in Exhibit "A" which is attached hereto and by this reference incorporated herein (the "Subject Property"). The Subject Property Is In Me area subject to overflights by aucadit uaiiig the Truckee Tahoe Airport and, ao a moult, reoidentc and guests may experience inconveni annnyanrr nr rlisrnmfnrt arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents and guests of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance nr discomfort from normal aircraft operations. Residents should be aware that the current volume of aircraft activity may increase in the future. Any subsequent deed conveying interests in the property shall contain a statement in substantially this form. GRANTOR: - iGRAY'S STATION, LLC, a Delaware limited liability company 13v: East West Resort Development V.. L.P., L.L.L.P., a Delaware limited partnership as a member and manager _ • By. HP Holding Corporation, a Delaware corporation and its general partner • By. (Si r LL - (Primed Name and Tide) - / /o/ (Daze) (Signatures must be acknowledged by a Notary Public. Please see attached.) J .. - -• T -547 P.003/004 F -357 Urb01JUw STATE OF. CALIFORNIA ) ✓) ^ piV� - ) ss. COUNTY OF l On this SF' day of fl , in year 2004, before me, the undersigned Notary Public, p in and for the said County and State, personally appeared Pia) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is / are subscribed to — the within instrument and acknowledged to me mat ne / she /'they • CxcCILLU 1 L4c Suutc iu Lio / Lc: / thous .authusic..Q / •.•• the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. y Signature �J, / e. ,u Iq /t/yee eooZ'C1 INN son , wwo 3 A yy NImoa o . . i._: VIRGINIA WEE 611910 a uolssguwoo .l CommWlon ♦ 1676179 _ _ 3311V mN1 aln k.Rr t 'N !f� NOMry PUbac - Co rnered Nevada Courdy My Cowen. Exples Mat 13,2001 • • • NTMCYVROZUSgASN MCCONMTHU BLUFFS FINAL IN.V,LEGALDeEnAPST.UCnoN01.DOC "'I" I nou4IUU4 h Uhtuv • Exhibit A (Subject Property Description) LEGAL DESCRIPTION AVIATION DEED RESTRICTION All that real property situated in the Town of Titckcc, County of Nevada, State of California, being a portion of the W.1 /2 Section 1, a portion of Section 2 and a portion of the N.1 /2 Section 11, Township 17 North, Range 16 East, Mount Diablo Base and Meridian, and being more particularly described as . full nu,C All that real property within the aforementioned Sections I, 2 and 11 being North of Northerly right -of -way line of Alder Drive and West of Westerly right -of -way line of Highway 89, being also described as Lois 1 awl 2 as siLuwu on Final Map No. 88 -11, Boca Sierra Potatoo, recorded in Book 7 of Subdivisions, Page 113, O.R.N.C.; also including all property North of the northerly right -of -way line of Prosser Dam Road and East of the Eactcrly light -uf- -way lint of Stato Ilibhway 89, being also d000ribed as Lots 4, 5, 6, 7 and 8 per said Boca Sierra Estates Final Map; said property also includes Parcel 2 as shown and so designated on Lot Line Adjustment No. 03 -067, recorded as Document No. 2004 - 027862, Official Records of Nevada County, also including all property South of Prosser Dam Road being • dcserioed as LOTS 9,10, 12, 21 mul 22 per said nut`s Sioira Estates Final May, cx e .j thcrcfrc,m all property South of the Northerly right -of -way line of Interstate 80 and Southwest of the Northeasterly right -of -way line of State Highway 89 as indicated on Document No. 2000 - 12243, Official Records of Nevada County. • • • • END OF DOCUMENT ,WIICSVROMISURSWACCONN177113 BLUFFS PENAL I.AMLECALDE DMS RICTIONO I.DOC y3'{ /a 07/16/2004 10:17 FAX 530 272 5880 SCO PLANNING & ENG + FIVEASH @1001 Rodney A. Hill. APCO NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT 200 Litton Drive, Ste. 320/P.O. Box 2509 215 r ;pass Valley, CA 95945 5301 274- 9360 / FAX: (530) 274 -7546 • Post - It' Fax Note 7671 Date 7—/6-04 / Te 7 F.P..110 N . • imin Nia /1.) u iax, July 16, 2004 Co/Dept 6w co. sae Phone * Phone R Fax a Fex k SCO Planning and. Engineering, Inc. — Attn: Martin Wood 140 Litton Dr., Ste 240 • • Grass Valley, California 95945 Re: Approval Letter. Preliminary Improvement Plans for Grading: Gray's Crossing Dear Mr. Wood: • The Northern Sierra Ail Quality Management District (District) has reviewed the dust control element of the grading plans for the referenced project and finds them adequate for fulfillment of the requirements of District Rule 226 - Dust Control. If you have any questions, please do not hesitate to, contact me at 274 -9360. Sincerely, • l . Samuel F. ongmlre Air Pollution Control Spcicialist • • • Received Time 'JVI.16.HIO: 5 5AME6 OF NEVADA, PUMAS AND SIERRA t 10/20/2005 10:51 FAX 530 272 5880 SCO PLANNING & ENG • E{9P MOON NORTHON J 002 NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT Gretchen Bennitt. APCO nectu rr Barn ow.wr WM Mrs RCA nemj Q rum- Pon rMwm1 200 I ;tem Drive, 12.ile 320 13430 Dermot PRIM RA. 81n B. Tnekm. CA 96141 214 Hmpilal RA Y.O. Iiex290 Meiling Adana: P.O. Box 9766. Trucked. CA 96162 P.O. Hex 3910, Quincy, CA 95971 Gf - va0ry CA 95245 (530) 550-7872/ FAX (5330) 5814627 (530) 2834634 / PAX: (330)283 .0699 (; .74.9740/ PAX; (5)0) 270.7546 arruU: 'ym{biyeirdibitean anai1: georpanyairdi4tri0.eore anon: odicc Onyaudseiatorn er ww,.mpurdirvi,Loom March 29, 2005 SCO Planning and Eng nearing Ann: Martin D. Wood, Civil Engineer 140 Litton Drive, Suite 240 Grass Valley, CA 95945 Re: Approval Letter: Grays Crossing - Phase II. SCO Job No. 0106.18 Dear Mr. Wood: The Northern Sierra Air Quality Management District (District) has reviewed the Improvement Plans for the referenced project and would like to submit the following comments for the official record. After reviewing the mprovement Plans General Notes (Grading - Dust Suppression Notes), it appears that the District's conditions will be met if the requirements in the Improvement Plans General Notes (Grading - Dust Suppression Notes) are adhered to. Therefore, the District approves the referenced project. If you have any further questions, please do not hesitate to contact Ryan Murano at 530 - 550 -7872. Sincerely, Ryan Murano Air Pollution Control Specialist SERVING THE COUNTIES OP NEVADA, PLUMAS AND SIERRA t e2s2 -, :e5-Des aaorwi - QWbuSN dss ;eo so s0. Feu 10/20/2005 10:51 FAX 530 272 5880 SCO PLANNING & ENG • EWP MCON NORTRON 10 003 NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT Gretchen Bennitr, APCO D,Rr4:i?110AIIQIIAa'tm43 Thumps' Fn;yp OF 01 ,997. Emu" ORnn: 209 Liam OA we, Nona 320 13430 Donner Pain K4 Ku. M Trrekaa, CA Mel 244 llmpild K4 P.O. DOA 2309 MailiagA64r41a: P.O. Box 9766, Trucker. CA 96102 P.O. bolt 3981, Qulooy, CA 95971 or Valley. Valley. CA 95945 (130)550-7872 / PAX: (580) 587.2623 (530) 283-6654 / FAX (530)283-0699 (! 744360 / PAX ( 530) 214 -7546 ents %: ryan@,yan 119,imx.n ann l: porse@ThyaincEArict,tom allu.zij myai.dM4 room or www.myai,dla,4r.Ltrom March 29, 2005 SCO Planning and Engineering Attn: Martin D. Wood, Civil Engineer 140 Litton Drive, Suite 240 Grass valley, CA 95945 Re: Approval Letter: Grays Crossing - Prosser Dam Road Improvements. SCO Job No. 0106.23 Dear Mr. Wood: The Northern Sierra Air Quality Management District (District) has reviewed the Improvement Plans for the referenced project and would like to submit the following comments for the official record. After reviewing the Improvement Plans General Notes (Grading - Dust Suppression Notes), it appears that the District's conditions will be met if the requirements in the . Improvement Plans General Notes (Grading - Dust Suppression Notes) are adhered to. Therefore, the District approves the referenced project. If you have any further questions, please do not hesitate to contact Ryan Murano at 530 -550 -7872. Sincerely, f ...(y; Ryan Murano Air Pollution Control Specialist SERVING THE COUNTIES OF NEVADA, PWMAS AND SIERRA ' easa —l.ES —DES aa5(On4J, — flWt1USN dSS :ED SO 6Z -leW i` in t mm Y1.1 t Gray Crossins December 6, 2007 Micki Kelly Kelly Biological Consulting 543 Sequoia Drive San Anselmo, CA 94960 Phone: 415- 482 -9703 Fax: 415- 482 -9713 Re: Gray's Crossing Air Quality Requirements • Dear Mr. Kelly, The Gray's Crossing Design Review Committee (DRC) would like to confirm compliance of the following air quality requirements through EIR mitigation measure (MM 4.4.3) as well as in our CC &R's (Section 6.13, page 56). • All homes reviewed and approved by the DRC show electrical service that would allow installation of electrical car recharge outlet. • All homes reviewed and approved by the DRC show outdoor outlets to allow use of electrical lawn and landscape equipment. • All homes reviewed and approved by the DRC show natural gas hookups to allow use of natural gas barbecues. • All homes reviewed and approved by the DRC show increased wall and attic insulation beyond Title 24 requirements. If you have any other questions please feel free to contact me directly at 530 -550 -7052. Best regards, Jeffrey Butterworth Gray's Crossing Design Review Committee • 11100 Prosser Darn Rd. • Truckee, CA 96161 Phone: (530) 550 -7094 • Fax: (530) 587 -7905 Page 1 of I ta .::10.10' • Q&D C O N S T R U C T I O N , I N C. DEVELOPMENT I BUILDING I GENERAL ENGINEERING I TENANT IMPROVEMENTS I MILLWORK November 9, 2005 Jared Northon Gray's Station, LLC P.O. Box 2537 Truckee, CA 96160 Subject: Q & D Construction's Compliance to Mitigation Measure 4.4.1b MM 4.4.1b Place equipment and vehicle mitigation requirements in all construction contracts. All construction contracts will require the following: • Contactors shall provide a plan for approval by the NSAQMD demonstrating that the heavy -duty (> 50 horsepower) off -road vehicles to be used in the construction project, including owned, leased and subcontractor vehicles, will achieve a project wide fleet - average 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent CARB fleet average at time of construction. Acceptable options for reducing emissions may include use of late model engines, low- emission diesel products, alternative fuels, engine retrofit technology, after - treatment products, and /or other options as they become available. • Properly maintain all mobile and stationary equipment. Q & D Construction, INC. has in the past, and will continue to do our best to comply with MM 4.4.1b on a fleet -wide basis. Please let me know if you require any further information. Sincerely, L Lee Ruff Equipment Manager TEL: 775 - 786 -2677 P.O. BOX 10865, RENO, NV 89510 NCL: 81 97A &B FAX: 775- 786 -5136 1050 S. 21 SPARKS, NV 89431 CCL: 427988BA w w w. q d c o n s t r u c t i o n. c o m From: "Jeff Bean" <jbean @gdconstrucon.com> O ti To: <mickikelly @juno.com> Date: Fri, 30 Nov 2007 07:28:29 -0800 Subject RE: Grays Crossing Micki. I appologize for taking so long to get back with you. The attached file is a revision to the letter you sent to me. I have signed this one so that you have a copy signed by a current Q &D employee. Our equipment manager has reviewed the compliance requirements that you sent us (labeled • section MM4.4.1 b) and met with a CAT Equipment technician familiar with our equipment and the emmission requirements. They have informed me that the equipment used at Gray's crossing for the construction of Phase II and Phase III met the requirement to "...achieve a project wide fleet- average 20 percent NOx reduction and 45 percent particulate reduction..." If you need anything else, please don't hesitate to call. Thanks, Jeff Bean Project Manager/ Estimator • Q &D Construction • www.qdconstruction.com 775- 786 -2677 • Heidi Burns From: Martin Wood [martinwood @scopeinc.net] T> 1 7 Sent: Friday, August 05, 2005 9:10 AM To: 'Heidi Burns' Cc dale @scopeinc.net; 'Rick McConn' Subject: Grays Final Map - Phase 2 Air Quality Mitigation Fee "VMT Heidi, Below is the "VMT Calculation and Fee ". This should be the same as we did for phase 1. Please review and let me know what you think. Thank you. 195 Lots x 5.97 x 100% = 1164 VMT (Sunday) 195 Lots x 6.65 x 100% = 1297 VMT (Saturday) 195 Lots x 6.49 x 100% x 5 = 6,328 VMT (Weekdays) 8,789 Total Trips per week x 5 miles (AB 1600 program for SFD) = 43,945 VMTS 43,945 VMT / 7 Days per week = 6,278 VMT per day 6,278 VMT x 365.2 = 2,292,726 VMT per year 2,292,726 VMT x 2.00 G / 907185 = 5.05 Tons 2,292,726 VMT x 0.091206 G / 907185 = 0.23 Tons 5.05 +0.23 = 5.28 Tons 5.28 Tons x $7,366 per Ton = $38,892 Total fee required prior to final map recordation for air quality mitigation: ($38,892) MARTIN D. WOOD 140 Litton Drive, Suite 240 Grass Valley, CA 95945 530 -272 -5841 .-1-7 `2F1 NCDEH ROAD - TOTAL - RECEP"FD FROM FEES IMPACT CODE ENF. OTHER RECEIVED , 'ES RECEIPT NO. 5099 CEIPT ' \ v a ; G� , C/1 J 10/07/2005 , c1. . . ;j RECEIVED BY df yy y% Page 1 of I ' II - 30�1jb Rick McConn From: Martin Wood [martinwood @scopeinc.net] Sent: Tuesday, November 02, 2004 11:20 AM To: Rick McConn Subject: Air Quality Mitigation Fee Calculation - Phase 1 Rick, the following is the corrected and revised calculation for the Air Quality Mitigation Fee. The air quality mitigation fee required is $20,373 based on the following calculations: 101 X 5.97 X 100% = 603 VMT (Sunday) 101 X 6.65 X 100% = 672 VMT (Saturday) 101 X 6.49 X 100% X 5 = 3,278 VMT (Weekdays) 4,553 Total Trips per week x 5 miles (AB 1600 program for SFD) = 22,765 VMTS 22,765 VMT/ 7 days per week = 3,252 VMT per day 3,252 VMT X 365.2 days = 1,187,630 VMT per year 1,187,630 X 2.00 G/ 907184.74 G per ton = 2.62 Tons 1,187,630 X 0.091206 G / 907184.74 G per ton = 0.12 Tons 2.62 + 0.12 = 2.74 Tons 2.74 Tons X $7,366 per Ton = $20,183 The total fee required prior to recordation of the final map is the air quality mitigation fee of $20,183 + .. s of staff's time to review the fee ($76.00 X 2.5 = $190.00) is 20,373 dollars This fee shall be made payable to the Town of Truckee. AVs° MARTIN D. WOOD Civil Designer/L.S.I.T. 140 Litton Drive, Suite 240 Grass Valley, CA 95945 530- 272 -5841 1 G COMPANY L ACCT CODE( ACCT pECRIP 1 '°^— t F y APPROVED 1� L 1 t ni9nna ��� 2096 I REF. NO. YOUR INVOICE NO. INVOICE DATE INVO AMOUNT AMOUNT PAID DISCOUNT TAKEN NE7 CHECK AMOUNT r '01346 PHlAirQualMitFe 11/3/2004 20373.00 20373.00 0.00 20373.00 J r x } SS .3' i7;g1t ' .*? i ,0 4r tal J i d.�3dtr� �.�u }+ c Y- ' t''� i, r �+p``r. , .+ I t y�.. MAtg �l"' �'. y -? iNV p'. $ �� ti aya le' ' '20 � t €iVE' _ P r 1n ' >i 1 a0c �>< ,; t~ 0 '*4v't<5 s'r , t ? £, Rµ r ? vn 4 '�� p I -A it t , .s� w ` k. "< i �/4 Q (�h '�+72�fy F. �C F r v k m !. F1, x .� l � 8l� '1�� �� kJ��J� >� T P {' ' e/ tl Zi �c 4 3,,fi - � f }+ .,Y sJa w `ij. f J ° `" `T , �.L` ` " '} n � ' ^�T 1' i1 � i 74 �Iide�Gb Af�^' dxt. 'Al Irt f `^ r + 1 4 r; t•3 J,' ADEv e. A li . r rc u. i 9 r t H kr -amP2. A e "* t . � a � . 4 1- � 'i �F r �a pt r,-ATS 3 ,,. , + p r A F�•rq i,'„. Y- 4 '''4 lt +. r� E f c i }, t'^'�500 �QC a r Ir:'i l' f 1 i'. r g a as, .2;.1 - c-3 fa ' �' e ' 1 � 1�1 7 P:. 9o:.g9. + # ' tt +2 -0m 095 i - ���' X I t" r i ' „< 5 A ]t s r _ �.. � 5 .�� ti r r sg.%. r" 1>x z o f d��- I r i. x I I �' _ r i s s I i . r s 1`. l' S y r '`';1 4 e, TJ'L re., � � � �.r -x + f h' _ 1 t v a n R + E PAY Twent T--A air ''ru a >«¢ a n d P13.ua , r - r I ,'D __ z , �. �. +t• . q : 'x- l.; Yr F *' y f t '� '. r ' t I C x _ 4-+ J' 7 = 5 7 __ rt . �: ( tit' - i t-' S i ' i 7 lti - + x ' • - /f1DER T9 O� iv4 * -4 ,4 - s r'�' x i S' C ' * r .' a g • O,F I r i 7 AMOUNTS OVER ; jiEOUIH 1¢'189 T.�4 7i © x� Rb { I ' TKuekee t IYZA 4 `flaa6 ti l .. ,':; r, ui13.. '711.171 tp,.P,7.Pl.. is #T "f; 1' ; • GRAY'S CROSSING, LLC 2096 • r e f.. ��l�VO <`' , GA ( A '� C ` .tti� ? O O S p. East West Partners MEMORANDUM Date: November 4, 2004 To: Heidi Burns 1 From: Rick McConn jte(7d'l Re: Gray's Crossing Phase 1 Final Map — Fees, etc. Heidi, I have enclosed the following: 1. Gray's Crossing, LLC check number 2093 in the amount of $210,587.00 payable to the Town of Truckee in payment of the Phase I Fair Share Contribution. *` 2. Gray's Crossing, LLC check number 2096 m the amount of $20,373.00 payable to a1lac - J the Town of Truckee in payment of the Phase 1 Air Quality Mitigation Fee. 11 l� 3. Copy of the recorded Overflight Easement. RM:va Enc. Cc: Dan Wilkins to 00ELEOZ 00'0 00ELEOZ 00 ELIDE b00Z /E /TT e. TINiTefO1TVTHd 9bET00 A1101 N3NV11NROOSIO OIVd 1Nl0WV INf1OWV 3010ANI aLV03010ANI ON 3010ANI HIIOA ' ON 'dB Hf10 :. 960? 31 `DNISSOHD S1AVHD II- if P i JO 02-tol X 373 z03-73 Oc « < ern sS <J, ROAD DATE RECEIPT # APPL. # a w SET FEES DEPOSITS SECURITIES DOCS/ NCDEH IMPACT CODE ENF. OTHER TOTAL RECEI " °D FROM u COPIES FEES �c'ES RECEIVED q p _ RECEIPT NO. 4 810 TOW?. OF y f / , I /�.. // f' r nL T PA i ,Lice C E �� 'I r L)CI f; , J �,t -) f Tl OFFICIAL RECEIPT ( F `• — - —I'T —Tim %` `; ( %" �(`�; fli• as r � '• ,. v COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION RECEIVED BY TRUCKEE, CA 96161 CC'500II (D2 DU { • I;b • 4 • ■ / ) 1 4 J lh /) 1 } , 5. I if q � l' GRAY'S CROSSING, LLC 2 7 5 4 • (OUR REF. NO. YOUR INVOICE NO, INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TARN NET CHECK AMOUNT 002395 Mitigation Fees 9/21/2005 38892.00 38892.00 0.00 38892.00 q t. r Qu P I ,�j l,� u- N QJ m z . F1RSTBANK 2 7 5 4 AVON, 00 81820 GRAY'S CROSSING, LLC 82-399.1021 P.O. BOX 2537 • TRUCKEE. CA 90180 CHECK DATE CONTROL NUMBER AMOUNT (530) 587-2222 9/28/2005 002754 38892.00 1 : 1 Thirty -Eight Thousand Eight Hundred Ninety -Two and 00 /100 8 PAY y • TO THE I ORDER Town of Truckee = OP 10183 Truckee Airport Road AMOUNTS OVER$20,000: QUIRE TWO =NATURES Truckee, CA 96161. cr, mows. M m Ile 0 0 m . 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AuthoYimed• 8igxature I iefMM , t J 4 (1 1q rd fi t [` 7 i S . fl ?� 2 0 .. " t 6 ? ▪ G7t s... _ i t. _, C F 1131/2607 TOt ITR T owlt oST tu <ke ii n- 'RefN(F3 ' 1hwQccNbr ItmVd ate 1RYO1ceArngufL Au tqun t.l r` af d ` »,,, "D Net Chec 2oS 00 0 < F i na'L M P H3 vh , �29faQ`7 ' 16 x205 bOn ` 16 OQ , t , 16 n t s. a. :`J t 7 a {: \t ._ Z Y i t, S ' ' Y [ Ct ' Ib` ' y . Z y .. v i t 5f ' .! r "' ' 1 ` 3 t I z t - • i t a 1 l _, ) d i ' ra 4 %-c- \ C 1 l 1 f f , t' c ti i> e ti• ' : ": { r z > i t • t i I ' , a I y f Z • f _ : 4 ▪ �ti rfT E ,4.t , 7. E f . • y r r 1 < tct r xxF r a 1 l v e . e'" - l. Ft 1 t f r T 1 d F R! S t f- ' " •'" F r {F * t". E { ' M1t t -. 4 f V. �f_ 'F 2 t > t: f • IAN 3 0 nra GRAY'S CROSSING, LLC CHECK REQUEST FORM DATE REQUESTED: 1/29/2007 MAIL: HAND DELIVER: XX To: Jeff Butterworth (il Cabin 2 DATE CHECK NEEDED: Next Check Run AMOUNT: $16,205.00 PAYABLE TO: Town of Truckee ADDRESS: 10183 Truckee Airport Road CITY, STATE, ZIP: Truckee, CA 96161 - - BUSINESS PURPOSE Fees ,. v' �� (must be completed) REQUESTED BY: Jeff Butterworth APPROVED BY: 6. r S AMOUNT G/L CODE: 1500- 100 -09 G/L DESCR: Fees 16,205.00_ G/L CODE: — G/L DESCR: G/L CODE: — G/L DESCR: G/L CODE: — G/L DESCR: S 16,205.00 NOTES: /'1 • • The Village at Gray's Crossing Air Quality Mitigation Calculations • Town Homes Lofts Grocer Bldg A office Bldg A Retail Bldg C Rest. Bldg B Office Bldg . 8 Retail Bldg 0 Rest Bldg D Retail Total Sq Ft #otunits 24 21 7,092 3,651 6,237 5,154 3,630 : 7,395 3,321 2,808 39,318.00 Trip / Day 5.24 6.63 40.67 11.01 40.67 40.67 11.01 40.67 40.67 40.67 Total Trips / Day • 125.76 139.23 288.43 40.53 253.66 209.61 39.97 300.75 135.07 114.20 weekdays 5 5 5 5 5 5 5 - 5 5 5 Total trips / Week • 629 696 1442 203 1268 1045 200 1504 675 571 Sat trips 5.01 6.39 42.04 2.37 • 42.04 42.04 • 2.37 42.04 42.04 42.04 • Total Sat trips 120 134 298 9 262 217 9 311. 140 118 Total Sun trips 106 121 ' 268 8 236 195 8 280 126 106 Total Weekly trips 857 951 2008 220 1766 1460 217 l 2095 941 795 Mlles per trip 4.3 4.3 3.8 3.7 3.8 3.8 3.7. • 3.8 3.8 3.6 Weekly Miles 3685 4089 7630 814 6711 .5548 803 7961 3576 3021 days in week 7 7 7 7 7 7 7 7 7 7 Avg Daily • 526 584 1090 116 959 793 115 1137 511 432 Days per year 365.2 365.2 365.2 365.2 355.2 365.2 365.2 365.2 365.2 365.2 Miles per year ., 192,095.00 213,277.00 398,068.00 42,363.00 350,227.00 289,604.00 41,998.00 415,232.00 - 186,617.00 157,766.00 Kilograms / Ton 907 907 907 907 907 907 907 907 907 907 Grams / Kilogram 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 Grams dust /Mile 2 2 2 2 2 2 2 2 2 2 Grams Emmissions /Mile 0.091206 0.091206 0.091206 0.091206 . 0.091206 0.091206 0.091206 ' ;0.091206 0.091206 0.091206 $ per Ton • $ 7,366.00 $ 7,366.00 • $ 7,366.00 $ 7,366.00 $ 7,366.00 $ 7,366.00 $ 7,366.00 $ ' 7,356.00 $ 7,366.00 $ 7,366.00 Re- entering dust - Tons 0.42 0.47 0.85 - 0.09 0.77 0.64 0,09 0.92 0.41 035 Emissions - Tons 0.02 0.02 0.04 - 0.04 0.03 - 0.04 0.02 0.02 Total Tons 0.44 0.49 0.92 0.09 0.81 0.67 0.09 0.96 043 0.37 . Total Fees Air Mitigation Fee $ 3,241.04 $ 3,609.34 $ 6,776.72 $ 662.94 $ 5,966.46 $ 4,935.22 $ 662.94 $ 1 7,071.36 $ 3,167.38 $ 2,725.42 $38,818.82 • • • • Z. • • • • • • . Natural Resource Management Plan Gray's Crossing Golf Course Truckee, California SECTION 7.0: WATER QUALITY MANAGEMENT Prepared for: East West Partners, Developer Gray's Station, LLC, Owner 12257 Business Park Drive, Suite 8 Truckee, CA 96161 Prepared by: The Division of Environmental Planning Audubon International Institute PO Box 1226 Cary, NC 27512 August 2003 Updated October 2003 Updated May 2005 © Audubon International, All Rights Reserved Water Quality Management Plan for Gray's Crossing Golf Course All information contained in this document is proprietary. Audubon International reserves all rights to this document. Audubon International Institute Water Quality Management Plan for Gray's Crossing Golf Course TABLE OF CONTENTS 7.0 WATER QUALITY MANAGEMENT 7 -1 7.1 SURFACE WATER AND GOLF COURSE CONSTRUCTION AND GROW -IN 7 -1 7.1.1 Construction 7 -1 7.1.2 Grow -In 7 -2 7.2 GOLF COURSE AND POST CONSTRUCTION EFFECTS 7 -2 7.3 SUBSURFACE DRAINAGE AND GROUNDWATER 7 -3 7.4 LAKES AND WATERCOURSE MANAGEMENT 7 -3 7.4.1 Inspections 7 -3 7.4.2 Maintenance of Vegetative Conditions 7 -4 7.4.3 Restoration and Repair of Damaged Areas 7 -4 7.4.4 Record Keeping 7 -4 7.5 LAKE AND POND WEED MANAGEMENT 7 -5 7.6 ENVIRONMENTAL MONITORING PROGRAM 7 -10 7.6.1 Phase I: Surface Water, Groundwater, and Sediment Quality during Pre - Construction, Construction and Immediate Post - Construction Period 7 -11 7.6.2 Phase II: Surface Water, Groundwater, and Sediment Quality during Golf Course Operations 7 -20 7.6.3 Data Storage 7 -21 7.6.4 Data Analysis 7 -22 7.6.5 Criteria for Management Response 7 -22 7.6.6 Field Quality Control and General Water and Sediment Sampling Considerations 7 -25 APPENDIX II: IPM and Scouting Report Forms and Data Reporting Forms APPENDIX IV: Summary of Studies on Water Quality and Nutrients and Pesticides Audubon International Institute Page ii Water Quality Management Plan for Gray's Crossing Golf Course LIST OF FIGURES Figure 7 -1. Map of Gray's Crossing Golf Course Showing Sampling Locations for Surface Water (SW), BMPs, Ground Water (GW), and Sediment (S). 7 -13 LIST OF TABLES Table 7 -1. Standard Aquatic Nuisance Plant Control Methods 7 -6 Table 7 -2. Effectiveness of Herbicides for Aquatic Weed Control in Irrigation Water Supplies 7 -8 Table 7 -3. Waiting Period in Days Before Using Water after Application of Herbicides for Aquatic Weed Control. 7 -9 Table 7 -4. Summary of the Monitoring Program for Gray's Crossing Golf Course 7 -11 Table 7 -5. Variables to be Analyzed (x) in Surface- and Ground- Water and Sediments at Gray's Crossing Golf Course 7 -14 Table 7 -6. Variables, Container Type, Preservation, and Holding Times for Water Samples in Surface- and Ground -Water at Gray's Crossing Golf Course 7 -17 Table 7 -7. Variables, Container Type, Preservation, and Holding Times for Sediment Samples at Gray's Crossing Golf Course. 7 -19 Table 7 -8. Response Thresholds for Variables at Gray's Crossing Golf Course 7 -24 Table 7 -9. Number and Types of Samples Taken for Field Quality Control 7 -27 Audubon International Institute Page iii Water Quality Management Plan for Gray's Crossing Golf Course 7.0. WATER QUALITY MANAGEMENT Maintaining water quality at Gray's Crossing Golf Course is important. BMP `Trains' for surface water protection are designed to provide maximum protection to surface waters, and to groundwater. BMPs coupled with management zones and careful selection of materials for use on the golf course provide protection to waters from unwanted chemical loadings and maintain the habitat potential for wildlife. A review of scientific studies of nutrients and pesticides in surface and groundwater is presented in Appendix IV. Education and notification of golfers of environmentally sensitive areas is also an important part of the overall management strategy for the surface waters. Appropriate signs will identify areas that are ecologically sensitive, or that golfers should not enter. The scorecard will also identify these areas, and the starter will notify golfers of the sensitive areas. Information will be posted in the clubhouse and locker rooms. 7.1 SURFACE WATER AND GOLF COURSE CONSTRUCTION AND GROW -IN Managing surface runoff is critical during construction and during the "grow -in" period when the bare soil and thin turf cover makes the site most vulnerable. 7.1.1 Construction Golf course clearing for Gray's Crossing Golf Course will include installation of erosion control bathers between the areas being cleared for fairways and the streams and ponds. These will include silt fencing, and sedimentation ponds, and locations will be determined and shown in the erosion control plan for the project. These will remain in place after turf buffer strips are established and until all cleared areas have adequate turf cover to prevent erosion. As discussed previously, the effectiveness of turf as a buffer is related to the fibrous nature of the turf root system and the architecture of the turf canopy. Buffer strips should be fully established with a one -inch height of cut before removal of erosion barriers. As the turf matures, potential runoff problems will diminish. Audubon International Institute Page 7 -1 Water Quality Management Plan for Gray's Crossing Golf Course During future construction projects at Gray's Crossing Golf Course, installation of erosion barriers described above should be standard practice. Studies at the Pennsylvania State University and the University of Maryland have shown that for significant runoff to occur on turf areas with slopes up to 14 %, rainfall or simulated rainfall had to exceed 3 inches/hour. Grassed areas are extremely effective in reducing soil losses compared to other cropping systems with measured soil losses of only 0.03 tons /acre on grassed areas with a slope of 16% on a silt loam soil. Additionally, any runoff from turf areas will be directed into a buffer area, vegetated sale, or other BMP for filtration, therefore there should be no negative impact on water quality in the wetlands areas. 7.1.2 Grow -In Controls put in place during golf course clearing should remain in place after turf buffer strips are established and until all cleared areas have adequate turf cover to prevent erosion. Turf buffer strips are an integral part of maintenance of surface water quality (American Water Works Association, 1991; Eaker, 1994). Care will have to be taken during the grow -in phase with . irrigation management to prevent runoff and sediment movement into wetlands areas and allow the buffer areas to adequately filter any possible surface nutrient/sediment movement. 7.2 GOLF COURSE AND POST CONSTRUCTION EFFECTS The main concerns with surface water, groundwater and golf courses are that transport of sediments, nutrients and pesticides from more intensively maintained turf areas will impact water quality. The proposed Gray's Crossing Golf Course design with the BMPs and management zones makes it difficult for runoff contaminants to adversely affect surface water quality or associated wildlife because all runoff from impervious surfaces will be filtered through areas which have a vegetative cover. Additionally, established management zones prohibit or limit the use of pesticides and fertilizers adjacent to sensitive ecological resources. Thus providing protection to these resources. Audubon International Institute Page 7 -2 Water Quality Management Plan for Gray's Crossing Golf Course 7.3 SUBSURFACE DRAINAGE AND GROUNDWATER The factors that protect surface water also form the basis for protection of subsurface waters. Design factors will ensure that there is adequate on -site retention. Subsurface drainage is directed into buffer areas for filtration purposes. This is most critical with putting green drainage lines which may contain trace amounts of nutrients and pesticides. Careful management of nitrate, as described in the Agronomic Considerations (Section 5.1) of this document, will be required. Management along with effective implementation of Best Management Practices can effectively eliminate problems associated with nutrient loss during runoff or leaching. Careful management of materials (as indicated in this management document) will also reduce the losses of pesticides and nutrients to groundwater. 7.4 LAKES AND WATERCOURSE MANAGEMENT An active management program for lakes and watercourses will be in place at Gray's Crossing Golf Course. This management program will be incorporated into the overall maintenance program for the golf course to ensure that course maintenance activities focus not only on maintaining golf turf quality and course playability but also on maintaining the health and functional characteristics of the existing watercourses and lakes, plantings, and the associated buffer filter strips. Critical elements of the management plan include periodic monitoring, • maintenance of proposed vegetative conditions, restoration or repair of damaged areas, and record keeping. 7.4.1 Inspections • All lakes and watercourse areas on the site which are located adjacent to the course facilities will be inspected twice annually: once in the spring and once in the autumn. Inspections will focus on examining the condition of vegetation, the color and clarity of surface waters, and the condition of ground cover. In conjunction with the inspections, the condition of vegetated buffer strips will be inspected for the presence of debris, the integrity of vegetative cover, and the existence of channels or other indicators of concentrated stormwater flow. Audubon International Institute Page 7 -3 Water Quality Management Plan for Gray's Crossin• Golf Course 7.4.2 Maintenance of Vegetative Conditions Vegetative conditions established during construction are to be maintained in the future. These conditions include the littoral shelves around the lakes and ponds and the herbaceous composition of the buffer filter strips. Cut material will be hand removed from these areas. No machinery will be used at any time within the lakes and watercourses on the site. The herbaceous cover of the buffer filter strips will be maintained by mowing at a frequency of twice per year. 7.4.3 Restoration and Repair of Damaged Areas Observed damage to existing lake and watercourse topography and ground cover conditions will * be remedied immediately, as will the cause of the damage. Such damage may include, such things as siltation, erosion, and compaction or trampling by golfers. Accumulated silts will be removed, eroded channels will be filled, and compacted areas will be raked. All such repairs will be conducted using hand tools only unless a mechanical tool `arm' can reach into the wetland to perform a task. Damaged ground cover vegetation will be restored by seeding or planting depending on the vegetation damaged. Channels which form within the buffer filter • strips will be filled and immediately reseeded. If additional grading is necessary to prevent the reformation of the channel, such grade adjustments will be implemented to restore sheet flows. Additional level spreaders will be installed as necessary. Trash, golf balls, and other debris will be removed from these areas when observed. 7.4.4 Record Keeping An annual record of all lake and watercourse and filter strip inspections and remedial actions will be maintained as part of the maintenance records for the golf course. These records will include the dates of inspection, inspection findings for each filter strip location, a description of each remedial action taken, and the dates of such actions. Audubon International Institute Page 7 -4 Water Quality Management Plan for Gray's Crossing Golf Course 7.5 LAKE AND POND WEED MANAGEMENT Aquatic sites are dynamic and responsive and as the availability and nature of the resources change, so will the species diversity and/or amounts of aquatic vegetation. However, at some point a healthy aquatic plant population may actually become an aquatic weed situation detrimental to the lake or pond's ecosystem balance. The physical environment of lakes coupled with water quality will determine the response of the aquatic ecosystem and influence whether or not aquatic plants will become weed problems. The primary factors involved at Gray's Crossing Golf Course are the following: 1. Light - the quality and amount of light is an most important physical requirement for all aquatic plants. Water clarity will be an important, influencing factor for growth of algae and submerged vegetation; 2. Nutrients - while aquatic plants have the same nutrient requirements as land plants, many species can absorb nutrients directly from the water. This means lakes can be used as aquatic filters in certain instances. Freshwater lakes and ponds are particularly sensitive to phosphorus, as indicated above; 3. Gases - both oxygen and carbon dioxide are vital to aquatic plants. Daily fluctuations may occur in water oxygen levels in response to photosynthesis. Dissolved oxygen levels at night can be low enough to cause fish kills and extremely low oxygen levels can occur in lakes with extraordinarily dense aquatic vegetation. Low oxygen levels may also occur with decomposition of dead plants by bacteria and fungi, especially after treatment with a herbicide; and 4. Temperature - water serves as an excellent buffer against rapid temperature changes and plants growing under water are insulated from the shocks of extreme temperature changes. . Aquatic plants are of four main types including algae, floating weeds, emergent weeds, and submergent weeds. Each has distinct growth characteristics resulting in varying control Audubon International Institute Page 7 -5 Water Quality Management Plan for Gray's Crossing Golf Course techniques. However, additional factors besides growth habit must be considered in control practices. Besides proper identification of the weed species, the relative abundance, location with the lake, and age of infestation are important, since these may determine the extent of the problem and how and when to proceed with control measure. Use of the site and fate of the water will determine the appropriate control. Time of year will determine how effective different treatment approaches will be. There are a number of distinct strategies for aquatic weed control. These are summarized in Table 7 -1. Table 7 hiStandard Aquatic Nitisance Plant l Contro Methods t t A; ,Method , Prevention Eliminate nutrient loading. Install aerators to increase water movement and oxygen. Physical Removal Hand harvest aquatic vegetation by raking, pulling. rolling, cutting, or digging. Mechanical Use specialized mechanical equipment to cut and harvest aquatic weeds. Removal Environmental Controls Bottom Barriers Made of plastic, rubber, or fiberglass, these can be used to inhibit or prevent rooted growth in selected areas. Shading Use of black plastic, soluble dyes, or artificial structures will inhibit or shade out aquatic plant growth. Trees can be used to permanently shade certain areas. Drawdown Periodic lowering of water levels will expose bottom sediments; can control some weeds by desiccating or freezing. Dredging Remove existing rooted plants and nutrient rich sediments to reduce nutrient accumulations and create greater water depth to control aquatic growth. • Biological Controls Insects Adults and /or larvae of certain moths and weevils have been introduced to selectively eat plant populations. This method has worked for water hyacinth and alligator weed. Plant Diseases Introduction of pathogens such as bacteria, viruses, fungi, and other micro - organisms is a new approach that is working on many courses. Audubon International Institute Page 7 -6 Water Quality Management Plan for Gray's Crossing Golf Course 4 P - Table -7=1 Standard'Aquatie Nuisance Plant Control'Meth fns M I ? Description . 1 4. i'1, Chemical Controls Chemical Controls The use of chemicals is the most common and versatile management strategy for controlling nuisance aquatic plant populations. However, chemical management often treats the symptom and not causes of weed and algae populations. Chemical controls will be used in conjunction with strategies to control the problem. Chemical control of aquatic weeds can be considered for certain weed species under specific conditions. Chemical treatment is a last resort, and will not be used until all other management options have been attempted. Information on the effectiveness of herbicides for aquatic weed control is included in Table 7 -2. While each of the materials listed is legally labeled as an aquatic herbicide, specific restrictions may be imposed on each chemical or even by manufacturers on specific brand names. At all times, the label must be rigidly followed when using these materials. Additionally, even under specifically allowed and controlled conditions for application, restrictions on use of the water subsequent to application may apply. Examples of these restrictions are given in Table 7 -3. Additional or more specific information may be given on the product label. These materials have been shown not to accumulate in living organism nor concentrate in the food chain (SJRWMD 1989). Dissipation of these materials from photochemical reaction, microbial breakdown, and dilution is rapid. The application rate of each of the herbicides used for aquatic weed control will vary depending on the amount of active ingredient required to effectively control the targeted weeds and the formulation. Lake volume is also another consideration. With each herbicide information is available about use precautions and toxicological properties. Of primary concern is the effect of these materials on nontarget plants which may have been intentionally planted as wildlife habitat and the effect on nontarget wildlife. Effects on nontarget plants must be evaluated by a specialist in lake management who can accurately identify the vegetation and mechanism of action of the specific herbicide in question. Audubon International Institute Page 7 -7 Water Quality Management Plan for Gray's Crossing Golf Course tr *"tin }zrs t' t „:a-k a y r s t 9°6A `"`l Tableg7 2 E ffective en nesstofil3erbicidesfor Aquatic r Weed Control mrnctst ' m Irngahon,Water Supglres (Langeland ( 1994) n •-»>s aiv v sa< tts'74sawaxc <x .� .9.rn -+s_ ;r,.}` „-.rc- ' . ` S C 4 ' er Fa doi a GI hosate FLOATING PLANTS Duckweed * E * Watermeal * G * Alligatorweed * F G SUBMERGED PLANTS Bladderwort * G * Brazilian elodea F G * Coontail * E * Hydrilla F E * Parrotsfeather * F * Pondweed * F * Slender naiad * E * Southern naiad * G Spikerush * G * Variable leaf milfoil * G * EMERGED PLANTS American lotus * G G Cattail * F E Fragrant waterlily * G E Rush * * G Spadderdock * G E Waterpennywort * * E FILAMENTOUS ALGAE G * * Effectiveness of control is as follows: * = Not recommended; F = Fair; G = Good; E = Excellent Each material listed in Table 7 -2 is discussed below for effects on wildlife which inhabits or contact the aquatic environment. Data has been taken from a variety of sources. Values are either for LD - the dose (quantity) of a substance that will be lethal to 50% of the organisms in a specific test situation expressed in weight of the chemical (mg) per unit of body weight (kg); or for LC - the concentration of a substance in water that will be lethal to 50% of the organisms in a specific test situation. Audubon International Institute Page 7 -8 Water Quality Management Plan for Gray's Crossing Golf Course Fluridone. At recommended application rates concentrations in the water would range from 0.08 to 0.5 ppm. This material has been shown to be non - hazardous to birds (bobwhite oral LD >2000 mg/kg; bobwhite and mallard duck acute LC values are both >5000 mg/kg of diet). Fish have excellent tolerance at these concentration with an LCso of 11.7 ppm for rainbow trout, 14.3 ppm for bluegill, and 10 ppm for channel catfish. Aquatic invertebrates also exhibit tolerances above these levels with values for daphnids at 6.3 ppm and midges at 1.3 ppm. No observed effect concentrations (NOEC) are 0.5 ppm for catfish and 0.48 ppm for fathead minnows. Communities of phytoplankton, zooplankton, benthic invertebrate organisms, and fish are unaffected at sites treated with these formulations. Glyphosate. At v, .r. k� . a z . =w - ._ ,,,41 c r 'n5 - "^'".1^ Table 7�34,Waihng m Days Befor ilsing Rater ,; recommended g after Apphcatzon of Herbicides for - Aquatic: Weed'. Control.` application rates the *w trrigatio Fish Swimnun concentrations in the uc mon a ' g 3 E z ' , �*' Com n ame t n , Consumption lake water would range Copper N R' NR NR from 0.36 to 1.8 ppm. compounds This material has been Fluridone" 7 -30 NR NR shown to be extremely Glyphosate NR NR NR safe to wildlife. The * NR = No restrictions; L0 for bobwhite * * See label for specific information. _ quail is > 3850 mg/kg. The tolerance levels as LC for aquatic species are as follows: trout, 86 ppm; bluegill, 120 ppm; Daphnia magna, 780 ppm; harlequin fish, 168 ppm. Copper sulfate. Calculated concentrations of copper in the water range from 0.155 to 0.4 ppm depending on the formulation. Environmental guidelines list the hazard to fish at > 1 ppm for rainbow trout and 0.884 ppm for bluegills and > 1000 ppm for pheasant. Project plans include lakes, streams and new small ponds to be created. Proliferation of even favorable species can occur in relatively short time periods. The complexity of each aquatic site requires that the design (depth, water circulation, littoral shelves, etc), management, and controls must be determined specifically for each pond. Maintenance of proper conditions which will favor desired species will potentially preempt many aquatic weed problems. Likewise, Audubon International Institute Page 7 -9 Water Quality Management Plan for Gray's Crossing Golf Course recognizing potential weed problems early is a critical part of an IPM program for lake management. 7.6 ENVIRONMENTAL MONITORING PROGRAM The Environmental Monitoring Program at Gray's Crossing Golf Course will include monitoring of surface water, wetland sediments, and ground water. The monitoring plan, based on sound, scientific principles will: 1. Establish a baseline of water and sediment quality prior to construction, 2. Provide data that will establish environmental conditions, thus providing a basis for measuring compliance with environmental regulations, and 3. Ensure that Integrated Pest Management is functioning properly. An adaptation from a model proposed by Madhun and Freed (1990) notes that there are four basic types of monitoring which can occur: 1) Reconnaissance - periodic observation to disclose changes or trends. With IPM employed this is an integral part of this program; 2) Surveillance - to comply with an enforcement program. Pesticide application licensing programs require record - keeping which may be monitored at any time. This will be required by law and serves as a record of a part of the cultural program; 3) Subjective - spot - checking for broad or open -ended exploration of problems.. A superintendent with training and experience in the golf course management industry has the background and resources to investigate problems and make intelligent decisions; and 4) Objective - to provide data for use in developing or confirming the results of on -going programs. Monitoring operations at Gray's Crossing Golf Course should focus on maintaining environmental quality and obtaining information on which to make adjustments in cultural programs using all of these approaches. * The monitoring program will adhere to the non- degradation policy of the Lahontan Region * Water Quality Control Board (LRWQB) as stated in the Water Quality Control Plan for The * Lahontan Region, North and South Basins (1995). The Following is taken from Chapter 3, page * 3 -14: * "Under the State Nondegradation Objective, whenever the existing quality of water * is better than that needed to protect all existing and probable future beneficial uses, * the existing high quality shall be maintained until or unless it has been demonstrated * to the State that any change in water quality will be consistent with the maximum * benefit of the people of the State and will not unreasonably affect present and * probable futrue benficial uses of such water. Therefore, unless these conditions are Audubon International Institute Page 7 -10 Water Quality Management Plan for Gray's Crossing Golf Course * met, background water quality concentrations are appropriate water quality goals to * be maintained." Results of the Environmental Monitoring Program provide feedback to the golf course superintendent, and thus provide a useful management tool. For example, the results of the program are used in determining the correct application rates and timing of pesticides and fertilizers, and the optimum operation of irrigation programs. Table 7 -4 is a summary of the monitoring program. ,Table 7-4 Summary of, the Program for C rossing Golf Corse . $ ' rr •r # i w Yea e .ia x t See text for,details n: 4t _ a_c �_ :4 k , 4 ' 7 ,,' Monitoring Sample' t -y aw ti w $ Collection and ' ' Pha a stations S'ample'F.r`equency, a , an lyses?notes ._` * Phase I SW - 1,2,3. Spring, Summer, Field and Lab as Pesticides analyzed one * (pre- 5,6,7 Autumn; rain period given in Table 7 -5 time only construction, GW -1,2, 3 Spring, Summer, Field and Lab as Pesticides analyzed one construction) Autumn; rain period given in Table 7 -5 time only S -1 annually (Spring), rain Field and Lab as Pesticides analyzed one period given in Table 7 -5 time only * BMP -1, 2, Spring, Summer. Field and Lab as Pesticides analyzed one * 3 Autumn: rain period given in Table 7 - time only * Phase I1 SW Spring, Summer, Field and Lab as analyze only pesticides * (operations) 4,5,6,7 Autumn; rain period given in Table 7 -5 that are used GW - 1,2, 3 Spring, Summer, Field and Lab as analyze only pesticides Autumn; rain period given in Table 7 -5 that are used S -1 Spring, rain period Field and Lab as analyze only pesticides given in Table 7 - that are used * BMP -1, 2, Spring, Summer. Field and Lab as analyze only pesticides * 3 Autumn; rain period given in Table 7 -5 that are used The Environmental Monitoring Program is established in phases that coincide with golf course development. Phase I defines the pre - construction, construction, and development phase and immediate post - development time -frame, and Phase II is the post - development, operational golf course. Even though construction will be occurring, Phase II will begin with golf course grow -in of turf because that is when fertilizers will begin being used at the golf course. Audubon International Institute Page 7 -11 Water Quality Management Plan for Gray's Crossing Golf Course 7.6.1 Phase I: Surface Water, Groundwater, and Sediment Quality during Pre - Construction, Construction, and Immediate Post - Construction Period The goal of Phase I is to assess pre- construction, construction, and immediate post - construction activities on surface water, groundwater and sediment quality. Pesticides and fertilizers are not applied to the course during this Phase of monitoring. 7.6.1.1. Sample Locations. Surface Water. Surface water will be sampled at the locations described below and shown on Figure 7 -1 (SW means surface water): • Sample Station SW -1. Intermittent stream upstream of golf hole No. 5. • Sample Station SW -2. Intermittent stream downstream of golf hole No. 7 and 8. • Sample Station SW -3. Intermittent stream downstream of golf hole No. 17. • Sample Station SW -4. Lake between golf hole number 13 and 14, nearest the green at No. 13. * • Sample Station SW -5. As water enters the property through the CALTR.AN culvert * near I -80. * • Sample Station SW -6. As water leaves the commercial area. * • Sample Station SW -7. Intermittent stream at the right -of -way for I -Iwy 89. Obtaining water samples from the same location is important so that comparisons can be made. Sample stations will be located and identified on maps, and photographed so that stations are easily located during subsequent sampling efforts. Groundwater. Groundwater will be sampled at the locations that are described below and shown on Figure 7 -1 (GW means groundwater): • Sample Station GW -1. Intermittent steam upstream of golf hole No. 5; near SW -1. • Sample Station GW -2. Intermittent steam downstream of golf hole No. 7 and 8; near SW -2. • Sample Station GW -3. Near the green at golf hole 3 and near S -1. Groundwater sample stations will be field marked, identified on maps, and photographed. * Given the depth to groundwater, the number and locations of the proposed monitoring * wells are adequate to address potential downward movement of pollutants. Audubon International Institute Page 7 -12 .ems +� �: f M T yF iva�[Y N Y>� A Y ' ,t •..f i a ,o s . ........ [ , ,�I, 4 mss. ,*. rea c Imo ini V 4 BMP -2 .... . ,,, • ♦V ilp f , I SW 2 P l /i �� � �� ♦ ■- ��. sir / • o ♦ ♦ ♦ ♦♦'�� / 'sin ; „ l � �. /� SW -3 k kiSc „„iT, BMP-3B 1,11,41f � ��� �a / / O� � bi 4 . ♦��k a k. ; � � �� ii / s `',. BMP -3A iwir _ As ♦ �I�� i t � � i= tom ., i ` r b '.. ? . i \ AS \1� c h , • r... ti tr, ' : a ill(Sk,", # 43V- el - P a t ; Tir GW 3 !e l 14 415.4 p-; I ,- � � 1 y / '• lzfir/ ♦♦ ;ss � , in • i� w t ,it a . fi x' . � g wafer -� ,�7 ,s� Alternate Locations for ___L/ li..k.iii.,„ /0 ,,, t , , • tir 1- 4 41 * ;4e / ii ler "ea. o ..„., ' / / c l • , i il lt 4 - l eg 7,4: ' 1 IS- 4 4 : ∎ + /o � Ir��i : . ... ` . c" Northern Connections ' T � /�\ • � t o � �} Critter Underpass 1 •�� Q �\ \\ ¶�_ -e—e— Possible Corridors i I e — �; ,�' � Legend 250 Acre Preserve (Off Site) '� � � �� H Site 1 S �� / j k 's I Alder Creek / Prosser Hill Preserve I I ' I, ,.'S Golf 8 Wash Preserve ��i�� It] Northern Ponderosa Pine Preserve ,� j / \; / Existing Wildlife Underpass I ! ,'''I `\ 0 Wildlife Underpass Figure 7 -1. Map of Gray's Crossing Showing Sampling Locations for Surface Water (SW), BMPs , Ground Water (GW), and Sediment (S). AUDUBON I NitI 6.IT IUA.II Water Quality Management Plan for Gray's Crossing Golf Course Sediment. Sediment will be sampled at the locations that are described below and shown on Figure 7 -1 (S means sediment): • Sample Station S -1. Sediment from the wetland near the green at golf hole 3. Near GW -3. Sample locations will be photographed and marked on maps. Sample Locations. To assess effectiveness of Best Management Practices, three * BMPs will be monitored as given below: * • Sample Station BtMP -1. Pond 1 at the overflow. * • Sample Station BMP -2. Pond A at the overflow. * • Sample Station BMP -3. Swale that outfalls near the green at golf hole 17 and a * swale that outfalls near the fairway at golf hole 17. * * * i S ttrunar UMP samoh. ]ocattons a _,. ,,'a v _ ,,. i rr' - . it : ' I`�,Tr1 t�^ * 13MPaSamplc BMP m ' , i umplvp s c 1Dratnag Basil i l ypo ofDe� lopmen * 4 L �c te ort t j y ' , -f 3 of tfall ter Stze a fan the;T)ratnage Bassin * 13RM1 Pond I Water Quality 7.3 acres housing, road * Pond * BMP -2 Pond A Water Quality 30.5 acres housing, road, golf, * Pond, Swale Prosser Dam Road * BMP-3 Golf Hole Swale golf hole 17 golf * 17 * 7.6.1.2. Sample Frequency. * Surface Water /MVPs: Surface water samples will be collected three times per year. One sample event will be in Spring (March, April, May), one in Summer (June, July, August), and one in Autumn (September, October, November) during/immediately after a rain event. The sampling should coincide with the intermittent streams having water. Should water not be available on a given sample date, two additional attempts will be made to obtain a sample within the time period. If early snows shut down operations for the year, the monitoring program will be terminated for the year. Pesticides will be analyzed once during a sample event in this phase of the monitoring program. Audubon International Institute Page 7 -14 • Water Quality Management Plan for Gray's Crossing Golf Course * The Spring sample event will likely occur in May and the intermittent streams should * have water due to snow melt. In Summer and Autumn, sample events will be dependent * upon rain events. A rain event of 1 inch ( + / -) should be sufficient to generate runoff in * the intermittent streams (pers. comm, SCO Planning and Engineering). For sample * events identified in this monitoring plan, sampling will occur approximately 8 to 10 * hours after a rain event begins. Based on the calculations for Gray's Crossing, sampling * within this time frame should approximate the 'first flush'. The rain event volumes are * target volumes, and sampling may occur when rain events approximate these volumes. Groundwater: Groundwater samples will be collected three times per year, once in Spring, once in Summer, and once in Autumn. Pesticides will be analyzed once during a sample event in this phase of the monitoring program. Sediment. Sediment will be sampled once during this period. Pesticides will be analyzed once in this phase of the monitoring program at S -1. This phase of the monitoring program will be terminated when turf grow -in begins. * 7.6.1.3. Sample Variables. Surface water/BMPs, groundwater and sediments will be analyzed • for the variables listed in Table 7 -5. Pesticides are included in the monitoring program if their "risk ratio" exceeds 0.1. The "risk ratio" is the quotient of the maximum anticipated concentration of the pesticide divided by its effects criteria (see Section 5.4 for a description of the maximum anticipated concentration and effects criteria). A risk ratio of a given pesticide which is greater than 1.0 indicates that the maximum anticipated concentration exceeds the effects criteria; meaning that the use of that pesticide at Gray's Crossing Golf Course represents more than a negligible risk. A risk ratio of less than 1.0 indicates that the use of that pesticide at Gray's Crossing Golf Course represents only negligible risk. By including as analytes all pesticides whose risk ratio is greater than one -tenth the point.at which risk is presumed to be more than negligible, the monitoring program design ensures that all potentially risky pesticides are monitored for. Audubon International Institute Page 7 -15 Water Quality Management Plan for Gray's Crossing Golf Course �. � 1.5, 1P.i 4..� Table 7-5. 1 : Variables to be Analyzed (x)stn Snrface= and Ground Water and Sediments at ' ° `:`Gr`a)''s'Crb Siilg Golf'Coiirse ° s e and : ' r PARS I E nvironme n tal Mo nitoring < , y PHA R E t F `: ' .3ri k z -4- Progra 514 i Monitoring Pro ramp, " a 4 1 g _ t� ' ft s ` ' "`'Surface ' ' Gro ' . "'' - Surface : < M * . .t Variable -. . Water/BMMPs Water : Sediment „Water /B,MPs f ; Sediment``. Field Analyses pH X X X X Water X X X X Temperature Specific X X X X Conductance Dissolved X X Oxygen Laboratory Analyses Nitrate- Nitrite X X X X Nitrogen Total Phosphorus X X X X X X * Total Dissolved X X * Phosphorus Chloride X X X X Total Dissolved X X X X Solids Turbidity X X X X Pesticides" bentazon X X X X X X clopyralid X X X X dithiopyr X X X X fenarimol X X X X halofenozide X X X X X X PCNB X X X X X X oryzalin X X X X pendimethalin X X - X X a Pesticides will be analyzed for once during a rain event in Phase I of the monitoring program. " Pesticides will be included in the monitoring program for a specific sample event only if they have been used at the golf course within one year prior to the sampling event. Audubon International Institute Page 7 -16 Water Quality Management Plan for Gray's Crossing Golf Course - 7.6.1.4. Field Methods. Variables, container type, preservation and holding times for water samples are given in Table 7 -6, and for sediment samples in Table 7 -7. * Surface Water /l3tifPs. A number of variables will be measured on -site, including pH, water temperature, dissolved oxygen, and specific conductance. pH will be measured with a pHprobe that has been calibrated just prior to use. Specific conductance will be measured with a calibrated specific conductance meter. Dissolved oxygen will be measured with a dissolved oxygen probe adjusted for altitude. Water temperature will be measured with a temperature probe attached to the specific conductance meter or to the * dissolved oxygen meter. Water discharge in the streams will be measured at the time of * water sampling by standard USGS techniques that involve measuring flow with a current * meter and calculating cross - sectional areas of each sample area (USGS 1968). The three- * point method, using a calibrated current meter to measure flow and a standard tape * measure to determine wetted area in the cross - section, will he employed to determine * instantaneous discharge measures. * The stream water will be sampled by obtaining 'discrete' grab samples of water. Discrete * grab samples are taken at a selected location, depth and time, and then analyzed for the * constituents of interest. Stream water will be obtained from the center of flow at mid- * depth and analyzed for the variables listed in Table 7 -5. Water will be collected in * sample bottles that face upstream, and water is transferred to sample containers that * include proper preservatives and labels. The sample containers are immediately placed * in a cooler with ice and are taken to a laboratory for analysis. * Lake water will be sampled by obtaining `discrete' grab samples of water. Discrete samples will be taken from approximately 6 inches below the surface. Water is transferred to sample containers that include proper preservatives and labels. The sample containers are immediately placed in a cooler with ice and are taken to a laboratory for analysis. A chain -of- custody program is followed to assure that proper transportation and storage practices are documented and that the appropriate analyses are being conducted. A field sampling log of surface water sampling and observations will be maintained. The • log book documents site conditions, including stream water depth, observations, weather Audubon International Institute Page 7 -17 Water Quality Management Plan for Gray's Crossing Golf Course conditions, and field measurements. An example of a page from a field log is given in Appendix II. Groundwater. Groundwater elevation is determined for each well on each sampling date. After measuring water elevation, the standing water in the well is removed, and replaced by fresh formation water. The quantity of water removed is determined from the well volume and recharge rate. In general, high -yield wells are purged of three well casing volumes of water and low -yield wells are pumped to dryness. Each well is purged using a portable pump that is cleaned between well samplings. Water is suitable for sampling when three consecutive measures of water have stable pH, temperature and specific conductance readings. Wells are allowed to recharge after purging to allow the system to equilibrate. Depth to the water table is remeasured, recorded and water samples are extracted. Extraction occurs with a pump, or a dedicated Teflon® bailer. Water temperature, pH, and specific conductance are measured in water that will not be used for laboratory analyses. Water r samples are taken and decanted or drained into an appropriate sample container that has the proper preservatives and is labeled. Samples are transferred from the sample device to the sample container in a manner that will minimize turbulence and the loss of volatile compounds. Samples are immediately placed in a cooler with ice and transported to the analytical laboratory. Whenever non - dedicated equipment is used, cleaning procedures outlined by the USEPA (1986) will be instituted. Special attention will be given to thoroughly cleaning samplers, tubing, and other equipment. And, to ensure that the sample is not contaminated, blanks will be collected and analyzed. A chain -of- custody program is followed to assure that proper transportation and storage practices are documented and that the appropriate analyses are being conducted. A field sampling log on groundwater sampling and observations will be maintained. The log book documents site conditions, including water depth, observations, weather conditions, and field measurements. An example of a page from a field log is given in Appendix II. Audubon International Institute Page 7 -18 Water Quality Management Plan for Gray's Crossing Golf Course , Table and 76 •Variables Con , talner Type, Preserva tion, Holding`Tue for rWaterik«` j 7 :;Samples in`Surface- ;andwGroundWater at Gray's Crossing Golf Co.....1c,,,!4;r ' "'s . Container a s e ' + ,� -, j am H olding . ; E ` ',4:!: iT'• tZY.,y =-'- Variable Type ' Preservation ." c Time Met L lmlt- pH not not applicable not EPA 150.1 applicable applicable Water Temperature not not applicable not EPA 170.1 applicable applicable Dissolved Oxygen not not applicable not EPA 360.1 applicable applicable Specific not not applicable not EPA 120.1 Conductance applicable applicable Nitrate - Nitrite -N P,G Cool, 4 °C 48 h EPA 353.1, 353.2 Total Phosphorus P.G Cool, 4° C, 28 d EPA 365.4 H to pH <2 * Total Dissolved P.G Cool, 4° C, 28 d EPA 365.4 * Phosphorus H to pH <2 Chloride P,G Cool, 4 °C 28 d EPA 325.3 Total Dissolved P,G Cool, 4 °C 7 d EPA 160.1 Solids Turbidity P,G Cool, 4 °C 48 h EPA 180.1 Pesticides bentazon G Cool, 4 °C 7 d Target detection limit = 10 pgfQ clopyralid G Cool, 4 °C 7 d Target detection limit = 103.5 pg /Q dithiopyr G Cool, 4 °C 7 d Target detection limit = 12.5 µg /Q fenarimol G Cool, 4 °C 7 d Target detection limit = 90 µg/Q halofenozide . G Cool, 4 °C 7 d Target detection limit = 11 tig /Q PCNB G Cool, 4 °C 7 d Target detection limit = 10.5 µg /J2 oryzalin G Cool, 4 °C 7 d Target detection limit = 200 µg /Q pendimethalin G Cool, 4 °C 7 d Target detection limit = 13.8 µg/J2 From: USEPA, Methods for Chemical Analysis of Water and Wastes, EPA - 600/4 -79 -020, updated 1983. USEPA, Analytical Support Branch, Operations and Quality Control Manual, June 1985. USEPA, Test Methods for Evaluating Solid Waste, SW -846, 1986, updated in 1987. USGS. Laboratory Theory and Methods for Sediment Analysis. 40 CFR Part 136 Table II: Required Containers, Preservation Techniques and Holding Times (Water/Wastewater Samples), 1988. note that container types are `G' for glass and `P' for plastic. Audubon International Institute Page 7 -19 Water Quality Management Plan for Gray's Crossing Golf Course Sediment. Sediment will be collected with a gravity type sediment coring device or by hand. Three cores or grab samples will be taken and composited to yield one sample on which analyses will be performed. The approximate top 10 -cm of the sediment will retained and analyzed for the variables listed in Table 7 -5. A chain -of- custody program is followed to assure that proper transportation and storage practices are documented and that the appropriate analyses are being conducted. A field sampling log on sediment sampling and observations will be maintained. The log book documents site conditions, including water depth, sediment texture, observations, and weather conditions. An example of a page from a field log is given in Appendix II. Table 777. Variables, Container Type, Preservation, and IT ldrng Times for Sediment Samples at Gr'ay's Crossing Golf C ` i , _, { a y Variable Container T Preservation; I3oIdmg Time, bentazon Glass Jar Cool, 4 °C 14 d halofenozide Glass Jar Cool, 4 °C 14 d PCNB Glass Jar Cool, 4 °C 14 d total phosphorus P,G Cool, 4 °C 14 d From: USEPA, Methods for Chemical Analysis of Water and Wastes, EPA - 600/4 -79 -020, updated 1983. USEPA, Analytical Support Branch, Operations and Quality Control Manual, June 1985. USEPA, Test Methods for Evaluating Solid Waste, SW -846, 1986, updated in 1987. USGS. Laboratory Theory and Methods for Sediment Analysis. 40 CFR Part 136 Table II: Required Containers, Preservation Techniques and Holding Times (Water/Wastewater Samples), 1988. 7.6.1.5. Laboratory Methods. The Laboratory used for sample analysis must retain certification by the Environmental Protection Agency (EPA) or its designated State Agency to conduct chemical analyses on surface water and drinking water. Certification of the laboratory is maintained by successful performance of the EPA Water Pollution Study and EPA Water Supply Study. Sample analyses will follow accepted, standard methods as defined in the laboratories accreditation and detailed in their Quality Assurance and Quality Control procedures. Sample containers, properly cleaned and containing the proper preservative, will be supplied by the analytical laboratory. Audubon International Institute Page 7 -20 Water Quality Management Plan for Gray's Crossing Golf Course In cases where standard methods are not available, the Laboratory will execute method development and follow closely related standard practices, and demonstrate accuracy and precision of the method with at least a 5 -point standard curve, sample spikes, and duplicate analyses. 7.6.2 Phase II: Surface Water, Groundwater, and Sediment Quality during Golf Course Operations The goal of Phase II is to monitor surface water, groundwater and sediment quality during the operation of Gray's Crossing Golf Course. 7.6.2.1. Sample Locations. Surface Water. Surface water will be sampled at locations described in Phase I monitoring program. Locations on the property are given in Figure 7 -1. Groundwater. Groundwater will be sampled at the locations that are identified in the Phase I monitoring program. Locations of groundwater wells are shown on Figure 7 -1. Sediment. Sediment will be sampled from one location described in Phase I. Sample location is shown on Figure 7 -1 and is the same as in Phase I. * BMPs_ Water from BMPs will be sampled at locations described in Phase I. Locations * are given in Figure 7 -1. * 7.6.2.2. Sample Frequency. * Surface Water /B:tfPs. Surface water samples will be collected three times per year. One surface sample will be taken in the Spring, one in the Summer, and one in the Autumn during/immediately after rain events. The sampling event should coincide with the intermittent streams having water. Should water not be available on a given sample date, two additional attempts will be made to obtain a sample within the time period (Spring, * Summer, Autumn). The Spring sample event will likely occur in May and the * intermittent streams will have water due to snow melt. In Summer and Autumn, sample * events will be dependent upon rain events. Rain events are defined in Section 7.6.1.2. Groundwater. Groundwater samples will be collected three times per year during Spring, Summer and Autumn. Audubon International Institute Page 7 -21 • Water Quality Management Plan for Gray's Crossing Golf Course Sediment. A sediment sample will be collected one time per year at the time of surface water sampling in the Spring. * Sample Frequency in Future Years. Sampling will be reduced to: I) Spring and Autumn * events, and 2) Summer stoma events after three years of operation, provided that no detections or changes in water quality triggering a management response (see Section * 7.6.5) have occurred. Surface water will be collected in summer after a storm event. * Storn events are typical for the area in July and August. Rain events are defused in * Section 7.6.1.2. * BMP sampling will be discontinued after three years of monitoring each BMP, provided * that the BMPs are working cotrtectly (i.e., the water quality from the BMP meets the * Criteria for Management Response, Section 7.6.5). * 7.6.2.3. Sample Variables. Surface water /BMPs, groundwater and sediments will be analyzed for the variables listed in Table 7 -5. 7.6.2.4. Field Methods. Variables, container type, preservation and holding times for water samples are given in Table 7 -6, and for sediment samples in Table 7 -7. * Surface Water,/BMPs. Surface water sampling will follow the protocols outlined in Phase I. Groundwater. Groundwater sampling will follow the protocols outlined in Phase I. Sediment. Sediment will be sampled following the protocols outlined in Phase I. 7.6.2.5. Laboratory Methods. Laboratories used for sample analysis will follow the protocols outlined in Phase I. Audubon International Institute Page 7 -22 Water Quality Management Plan for Gray's Crossing Golf Course 7.63 Data Storage Data generated from this monitoring program will be maintained by the superintendent along with other course records and data on pesticide and fertilizer use, personnel, and training. This information will be provided annually to the Signature Program Office of Audubon International. Monitoring data from field sampling and from laboratory analyses will be entered into a computer spreadsheet (e.g., EXCEL, QuattroPro). Data analyses will be performed with this data set. The data set will be printed after each update and the printed data will be stored in a notebook. A backup of the computer spreadsheet data will be maintained. Field data sheets will be maintained in a notebook. A summary of the results of the surface, groundwater and sediment samples, with a list of any remedial actions that were taken will be kept. The golf course superintendent will maintain records of cultural activities at the course. Items will include application schedules of all pesticides and fertilizers applied to the golf course as outlined in the Pesticide section of this Plan. Information will include the date of application, rate of application, product used, and specific location where the material was applied. Scouting records as part of the IPM program will also be kept. 7.6.4 Data Analysis Data generated in the monitoring program will be compared to background concentrations and State surface water and groundwater standards. * Any chemicals detected in samples that exceed thresholds will be reported to the Town of * Truckee, the LRWQCB, and Audubon International within 24 hours. Contact information is * given below: * * Heidi Burns * Town of Truckee * Town Administrative Center * Truckee- CA 96161 * email: hburns( townoftruckee.com * (530) 582 -7700 * Audubon International Institute Page 7 -23 Water Quality Management Plan for Gray's Crossing Golf Course * Eric Taxer * Lahontan Regional Water Quality Control Board * 2501 Lake Tahoe Blvd. * So. Lake Tahoe, CA 96150 * email: Etaxerrd),waterboards.ca.gov * (530)542 -5400 * fax (530) 544 -2271 * Audubon International * PO Box 1226 * Cary, NC 27511. * Email: aoller@auduboninternational.org * Telephone: 919-380-9640 * Fax: 919-380-7415 Pesticide analysis data will be compared with toxicological triggers as specified in Table 7 -8. In Phase II, concentrations of water and sediment variables will be compared with background concentrations to determine changes from background conditions. Data will also be compared with State water quality criteria and the USEPA pesticide Health Advisories Limits (HAL's, given in Appendix I, Table I -1) that have been reduced by a factor of 0.5. This is a very conservative factor given that HALs have a margin :of safety of 100 to 1000 already built into the HAL number. Protection of aquatic life will be evaluated by comparing measured concentrations against LC50 data (Appendix I, Table I -1) that have been reduced by a factor of 10. LC data exist for most of the chemicals, and the lowest LC obtained for the pesticide was divided by a correction factor of 10 to obtain a screening criteria (Suter et al., 1989; Warren -Hicks et al., 1989, 1995). This is a conservative factor that serves as an estimate for chronic values. 7.6.5 Criteria for Management Response Criteria for management response are summarized in Table 7 -8. * Pesticides listed in Table 7 -5, that are discontinued from use at the golf course will follow these * protocols: I) All pesticides listed in Table 7 -5, except for fenarimol, that were used but have * been discontinued, will be sampled for one year following the last time that the pesticide was * used at the golf course. 2) Fenarimol, if its use is discontinued, will he sampled for three years Audubon International Institute Page 7 -24 Water Quality Management Plan for Gray's Crossing Golf Course * following the last time that the pesticide was used at the golf course. The basis for the sample * time frame is the half-life of the active ingredients which are given in Appendix I. The half-life * for all of the active ingredients, except fenarimol, are below 100 days (range 12 to 71 days). * The half -life of fenarimol is 360 days, thus the extended period for sampling. * * The monitoring program will adhere to the non- degradation policy of the Lahontan Region * Water Quality Control Board (LRWQB) as stated in the Water Quality Control Plan for The * Lahontan Region, North and South Basins (1995). Given the non - degradation policy, * background concentrations are appropriate water quality goals, and this is reflected in the * criteria for management responses. 7.6.5.1. Non Pesticide Analytes. If concentrations of non - pesticide variables exceed Applicable State Water Quality Criteria, or if measured concentrations of nutrients exceed the standard deviation of background levels by more than two - times, then the media will be resampled and a review of management practices, site conditions and weather conditions will be implemented to determine reasons for increased concentrations. The immediate action will also include a reduction in fertilizer use and /or an increased proportion of slow - release fertilizers. Following the review cited above, these immediate restrictions may be lifted or modified, as appropriate. Records of all actions taken will be maintained by the superintendent. 7.6.5.2. Pesticide Concentration below a Toxicologically Significant Level. If a pesticide listed in Table 7 -5 is detected in samples at concentrations below a toxicologically significant level [i.e., one -half the USEPA Health Advisory Limits (HAL x 0.5) or one -tenth the LC for the most sensitive aquatic organism (LC x 0.1), whichever is lower] the following responses will be implemented: 1. The sample station from which the detection was obtained will be resampled immediately upon receipt of the data from the laboratory and reanalyzed for the pesticide. 2. If the results of the resampling indicate a detection of the pesticide, a review of the application, weather conditions after its application, and possible alternative control measures will be conducted and adjustments to the application protocol will be made based on the results of this review. Also, management responses 3 and 4 below will be implemented. If the results of the resampling indicate no detection of the pesticide, no further management response will be implemented. Audubon International Institute Page 7 -25 Water Quality Management Plan for Gray's Crossing Golf Course 3. The sample station from which the detection was obtained will be resampled and analyzed for all pesticides applied to the golf course within one year prior to the sampling event. 4. All samples collected from the sampling station from which the detection was obtained, for a period of one year from the date of the detection, will be analyzed for all pesticides applied to the golf course within one year prior to the sampling event. 7.6.5.3. Pesticide Concentration above a Toxicologically Significant Level. If a pesticide listed in Table 7 -5 is detected in samples at concentration above a toxicologically significant level as determined by the USEPA Health Advisories Limits (HAL x 0.5) or by the aquatic toxicity as measured by LC x 0.1, whichever is lower, the following responses will result: 1. The pesticide immediately will be removed from the list of recommended pesticides and its use at Gray's Crossing Golf Course will be terminated. 2. The sample station from which the toxicologically significant detection was obtained will be resampled twice (once immediately upon receipt of the data from the laboratory and once approximately ten days after receipt of the data) and reanalyzed for the detected pesticide. 3. If the results of the resampling indicate a detection of the pesticide but at a concentration below the toxicologically significant level, a review of the application, weather conditions after its application, and possible alternative control measures will be conducted; use of the pesticide at the golf course may be reinstated, with • adjustments in the application protocol being made based on the results of this review; and management responses 4 and 5 below will be implemented. If the results of the resampling indicate no detection of the pesticide, use of the pesticide at the golf course may be reinstated and no further management response will be implemented. 4. The sample station from which the detection was obtained will be resampled and analyzed for all pesticides applied to the golf course within one year prior to the sampling event. 5. All samples collected from the sampling station from which the detection was obtained, for a period of one year from the date of the detection, will be analyzed for all pesticides applied to the golf course within one year prior to the sampling event. 6. If the results of the resampling indicate a detection of the pesticide at a concentration above the toxicologically significant level, use of the pesticide at Gray's Crossing Golf Course will be terminated permanently. Audubon International Institute Page 7 -26 Water Quality Management Plan for Gray's Crossing Golf Course o Table =7 8 Response Thresholds for Vanables'at Gray's Crossing Golf Course r /4-;' Variable Surface Water --0 ` ` ¢ , _` Ground Water - 0 ; pH Outside of 6.5 to 8.5 Outside of 6.5 to 8.5 * Dissolved Oxygen alnw below 4 mg/L NAa * Nitrate - Nitrogen Califuuiia watt, atuudaid 9 mg /L or 5 ppm or two standard deviations two standard deviations above the above the baseline mean, baseline mean, whichever is lower. whichever is lower. Total Phosphorus California water standard or two California standard or two standard deviations above the standard deviations above the baseline mean, whichever is lower. baseline mean, whichever is lower. * Total Dissolved California water standard or two California standard or two * Phosphorus standard deviations above the standard deviations above the * baseline mean, whichever is lower. baseline mean. whichever is * lower. Chloride two standard deviations above the 250 ppm baseline mean — Total Dissolved 500 ppm NA Solids Turbidity no increase from baseline NA Pesticides bentazon HAL x 0.5 = 10 tg/Q HAL x 0.5 = 10 µg/I2 clopyralid LC x 0.1 = 103.5 µg/i2 LC x 0.1 = 103.5 µg/Q dithiopyr HAL x 0.5 = 12.5 µg/2 HAL x 0.5 = 12.5 pg/Q fenarimol LC x 0.1 = 90 .tg/Q LC x 0.1 = 90 Ise halofenozide LC x 0.1 = 11 µg/2 LC x 0.1 = 11 sg/Q oryzalin HAL x 0.5 = 200 µg/Q HAL x 0.5 = 200 µg/Q PCNB HAL x 0.5 = 10.5 tg/Q HAL x 0.5 = 10.5 lig/Q pendimethalin LC x 0.1 = 13.8 µg /Q LC x 0.1 = 13.8 µg /Q NA means not applicable because the variables are not analyzed as per the Environmental Management Plan. Levels are either the USEPA Health Advisories Limits (HAL x 0.5) or the aquatic toxicity (LC x 0.1), whichever is lower. The HAL and LC concentrations are in Appendix I. Audubon International Institute Page 7 -27 Water Quality Management Plan for Gray's Crossing Golf Course 7.6.6 Field Quality Control and General Water and Sediment Sampling Considerations The field quality assurance program for Gray's Crossing Golf Course is a systematic process which, together with the laboratory quality assurance programs, ensures a specified degree of confidence in the data collected for an environmental survey. The field quality assurance program involves a series of steps, procedures and practices which are described below. 7.6.6.1. General Measures. a. All equipment, apparatus and instruments should be kept clean and in good working condition. b. Records should be kept of all repairs to the instruments and apparatus and of any irregular incidents or experiences which may affect the measures taken. c. It is essential that standardized and approved methodologies be used by field personnel. 7.6.6.2. Prevention of Sample Contamination. The quality of data generated in a laboratory depends primarily on the integrity of the samples that arrive at the laboratory, Consequently, the • field personnel must take appropriate measures to protect samples from deterioration and contamination. a. Field measurements should always be made on a separate sub - sample, which is then discarded once the measurements have been made. They should never be made on the same water sample which is returned to the analytical laboratory for chemical analysis. b. Sample bottles, new or used, must be cleaned according to recommended procedures. c. Only the recommended type of sample bottle for each parameter should be used. d. Water sample bottles should be employed for water samples only. e. Recommended preservation methods must be used. All preservatives must be of an analytical grade. f Solvent -rinsed Teflon liners can be used to prevent contamination from the bottle caps of water samples which are to be analyzed for organic compounds. g. The inner portion of sample bottles and caps should not be touched with bare hands, gloves, mitts, etc. h. Sample bottles must be kept in a clean environment, away from dust, dirt, fumes, and grime. Vehicle cleanliness is important. Audubon International Institute Page 7 -28 Water Quality Management Plan for Gray's Crossing Golf Course i. All foreign and especially metal objects must be kept out of contact with acids and water samples. Petroleum products and exhaust fumes should be kept away from samples. j. Specific conductance should never be measured in sample water that was first used for pH measurements. Potassium chloride diffusing from the pH probe alters the conductivity of the sample. k. Samples must never be permitted to stand in the sun; they should be stored in an ice chest. 1. Samples must be shipped to the laboratory without delay. m. The sample collector should keep their hands clean and refrain from smoking while working with water samples. 7.6.6.3. Field Quality Control. Quality control is an essential element of a field quality assurance program. In addition to standardized field procedures, field quality control requires the submission of blank and duplicate samples to check contamination, sample containers, or any equipment that is used in sample collection or handling, and to detect other systematic and random errors occurring from the time of sampling to the time of analysis. Replicate samples must also be collected to check the reproducibility of the sampling. The timing and the frequency of blank, duplicate, and replicate samples are listed in Table 7 -9. Sample Blanks. A daily "sample blank" is prepared in the field at the end of each day's sampling. One blank is prepared for every 12 water samples. A sample blank is prepared by filling appropriate sample bottles with ultrapure distilled water using field sampling equipment, adding preservative in the same manner as it was added to the water samples, capping the bottles tightly, and transporting them to the laboratory in the same manner as the water samples. Duplicates. Duplicate samples (splits) are obtained by dividing one sample into two sub - samples. One sample in every 12 water samples is split. Splits are done periodically to obtain the magnitude of errors owing to contamination, random and systematic errors, and any other variabilities which are introduced from the time of sampling until the samples arrive at the laboratory. Replicates. Two samples are taken simultaneously in a given location. The samples are taken to measure the cross - sectional variations in the concentration of the parameters of Audubon International Institute Page 7 -29 Water Quality Management Plan for Gray's Crossing Golf Course interest in the system. One sample per environmental medium per quarter will be replicated. Tabl 7r9 Number annd ypes of Samples aken forF�eldQu 1 ty Control Sample Blank 1 per 12 samples Duplicate 1 per 12 samples Replicate 1 per quarter per medium Audubon International Institute Page 7 -30 Water Quality Management Plan for Gray's Crossing Golf Course APPENDIX II IPM and Scouting Report Forms and Data Reporting Forms Audubon International Institute Sample of Pesticide Use Record Weather Conditions Application Date: • Temperature. -, degrees F .' • Time of Day: Humidity Operator: Wind Speed MPH Supervisor: Wind Direction Rainfall inches PEST: Soil Moisture EPA Amount of Amount of Pesticide Active Ingredient Registration # Formulation Water Adjuvant/Surfactant Amount of Formulation Area Treated: • Acres Square Feet Amount of Pesticide Used: . Application Equipment: Sprayer Spreader • Remarks: a. Surface Water Field Sampling Sheet Station Number . Samplers: Description; Date of Sampling: Time of Sampling ' Weather: Field Measurements, Water Temp ( °C) Air Temp ( °C) pH Specific.Cond (µS) Depth of Water (m) Depth Sample Taken (m) Wetted Area (m) Water Flow (m/sec) Calibration of Instruments Specific Conductance: Meter Reading;in IKC1 soln: pH meter Model: Calibration Buffers used: Sample Apparatus :Mode. ofTrasport:` .: Shipping Dates Remarks: b. Sediment Sampling Sheet Station Number : Samplers: Description: r • . _ • Date of Sampling: Day Month ' Year Time of Sampling: Hour Minute • — Field Measurements Water Temp (°C) Air Temp (°C)' pH - Specific Cond UtS) Depth of Water at which sample taken (m) Calibration of Instruments Specific Conductance: Meter Meter Reding in KC1 soln: • '' Meter Model: Calibration buffers used: Sample Apparatus: Mode of Transport: • Shipping Date: Remarks: c. Ground Water Field Sampling Sheet Well Number Samplers: Descriptioh: Weather: • Date of Sampling: Day Month Year Time of Sampling: Hour Minute Field Measurements Water Temp (°C) • Air Temp ( °C) • pH Specific Cond (µS) Depth of Water at which sample was taken (m): Calibration of Instruments . Specific Conductance: Meter Meter Reading in KC1 soln: pH Meter Model: Calibration buffers used: Sample Apparatus: Mode of Transport: Shipping Date: Remarks: d. Soils Field Sampling Sheet Station Number: Samplers , Description: Weather: Date of Sampling: Day Month Year Time of Sampling: Hour Minute ` Mode of Transport: Shipping Date: emarks: Water Quality Management Plan for Gray's Crossing Golf Course APPENDIX IV Summary of Studies on Water Quality and Nutrients and Pesticides Audubon International Institute Water Quality Management Plan for Gray's Crossing Golf Course Surface Water Nutrients and Pesticides — Review of Scientific Studies. The major concern over contamination of surface waters from runoff at golf courses, including Gray's Crossing Golf Course, focuses on nutrients and pesticides. From turf areas, the major concern over contamination of surface waters from runoff containing nutrients is for phosphorus and nitrate nitrogen. Phosphorus. Phosphorus is unlikely to create problems at the golf course except under very specialized conditions in ponds and streams. Excessive phosphorus in surface waters may cause unwanted algal blooms and deteriorate water quality. Even though the granular phosphorus fertilizer carriers are greater than 88% water soluble and totally water soluble forms exist for liquid application, the phosphorus becomes rapidly fixed within the soil profile and vertical movement in most soils is only 0.3 to 1.2 inches /year (Young et al., 1985). Possible phosphate movement due to soil erosion could be a point source of pollution in turf systems (Walker, 1990). However, these instances would be very site specific and nonexistent where BMPs are employed and runoff is retained to be filtered within the golf course. Also, by matching the nutrient requirements of the turf with applications of fertilizer, the probabilities for runoff are reduced. Besides the work previously discussed, recent research at Pennsylvania State University by Watschke and Mumma (1989) found no sediment loss associated with runoff from turfed plots and observed phosphate losses which averaged only 0.5 lb /acre when runoff did occur. - Their study was conducted on slopes ranging from 9 to 14% under intense precipitation simulations. Total phosphorus loss in surface runoff for the entire growing season from a tall fescue /Kentucky bluegrass turf was only 0.0178 lbs /acre (Gross et al., 1990). More recent work at+Pennsylvania State University found that in runoff from creeping bentgrass and perennial ryegrass turf conditions phosphate loss was reduced compared to the initial concentrations in the irrigation water by up to 94 %. Similarly, phosphate concentration in leachate from the same turf areas found up to a 77% reduction (Linde et al., 1994). This indicates the turf is acting as a filter to remove nutrients from the water source prior to runoff or leaching occurring. The most vulnerable time for phosphate to be lost is immediately following fertilization when excess irrigation or heavy rainfall would cause movement. This occurrence can be avoided by 1) not fertilizing when rain is predicted; and 2) making certain that fertilizer is irrigated to remove the material from the leaves into the soil immediately following application. Nitrogen. Nitrate - nitrogen (NO -N) movement in surface runoff can also be minimized by management decisions. Research has shown that the total nitrogen loss from a fertilizer application can be reduced from 9.5% of the total amount applied using urea as the nitrogen carrier to 0.26% by changing to a slowly available carrier such as sulfur coated urea (Dunigan et al., 1976). In evaluations of the loss of nitrogen in surface runoff under nominal environmental conditions, Morton et al. (1988) found that surface runoff occurred on only two storm events on a Kentucky bluegrass turf in Rhode Island during 2 years of monitoring. Previous environmental factors (rainfall on frozen ground with snow cover and saturated soils from prior rainfall) helped generate the runoff. Nitrogen losses from these events were 0.089 and 0.356 lbs. /acre or only Audubon International Institute Page IV -I Water Quality Management Plan for Gray's Crossing Golf Course 0.16% of that applied. Gross et al. (1990) observed that the loss of nitrogen in the surface runoff from a tall fescue/Kentucky bluegrass turf was only 0.12 lbs /acre for an entire growing season (0.05% of that applied) compared to 10.4 lbs /acre for tobacco, almost 90 times greater. Meisinger and Randall (1991) noted that nitrogen losses in surface runoff are usually small and depend on degree of soil cover, source of nitrogen applied, rainfall intensity immediately after application and soil properties. They also noted that the largest losses will occur when a soluble nitrogen source is applied to a bare soil and a significant runoff event occurs within one day of application. Linde et al. (1994) found that nitrate -N in concentrated runoff from experimental turfgrass plots never exceeded the drinking water standard of 10 ppm and there was actually a decrease of up to 96% in the nitrate -N found in runoff compared to nitrate -N found in the irrigation water. Similar results were found in the leachate with up to 80% of the nitrogen removed compared to amounts found in the irrigation water. Best Management Practices if implemented effectively can effectively eliminate problems associated with nutrient loss during runoff or leaching. Although less than drinking water standards, nitrate concentrations greater than approximately 0.5 mg/1 are of concern to the ecological health of an ecosystem (Wetzel 1982). Pesticides — Review of Scientific Studies. Movement of pesticides into surface water during runoff events at Gray's Crossing Golf Course depends on the following: 1) pesticide characteristics such as solubility, adsorption, and persistence; 2) soil characteristics such as soil texture, permeability, water holding capacity, pH, organic matter; 3) site conditions including . depth to groundwater, slopes, distance to environmental features, and climate; and 4) management practices such as selection of pesticide, application methods, pesticide rates, timing, and irrigation management. Watschke and Mumma (1989) reported on the potential for surface movement of selected pesticides in undiluted runoff on research plots under an extremely high irrigation rate of 6 inches/hour. They monitored for pendimethalin (a commonly used preemergence herbicide); 2,4 -D, 2,4 -DP, and dicamba (commonly used postemergence herbicides); and chlorpyrifos (an insecticide). For pendimethalin and chlorpyrifos, no chemical was detected in any of the runoff on all 24 sample dates. These materials based on their chemistry become fixed in the soil after application and do not move. For 2,4 -D and dicamba, the amounts in the concentrated runoff exceeded federal water standards on 4 sample dates (2,4- D), and 1 sample date (dicamba) out of 24 sample events, despite these materials being more water soluble and made as foliar applications. However, these levels were only found when runoff occurred within 2 days after application. They noted that under natural storm water runoff conditions and subsequent dilution outfall concentrations would be considerably less. Similar findings with 2,4 -1D applications were noted by Thompson et at. (1984). Under field conditions the greatest dislodgeable leaf residues of 2,4 -D on Kentucky bluegrass were less than 4.5% of the total applied at time 0, immediately after application, indicating very rapid adsorption to the leaf surface and a strong affinity for adsorption. No dislodgeable residues were detected at 3 days after application. Hurto (1991) noted that the dissipation rate of foliarly applied pesticides depends on volatilization, plant absorption and photodecomposition. He summarized that research has found that less than 10% of the applied rate amount can be found as foliar residue the day after application and that within 1 to 3 days after application levels drop to between 1 and 3 %. Careful attention to application timing with respect to rainfall and irrigation management can minimize removal of materials which could become nonpoint Audubon International Institute Page IV -2 Water Quality Management Plan for Gray's Crossing Golf Course pollutants. Smith (1995) found that approximately 8% of the applied amount of a 2,4- D+mecoprop+dicamba herbicide application left treated plots due to runoff over a 25 -day collection period. Eighty percent of this amount moved during the first irrigation event following application. Since only 6 hours are required after treatment for maximum efficacy, it was suggested that an irrigation 6 to 12 hours after application to wash the excess pesticide from the foliage into the thatch and/or soil would negate the possibility of runoff. Watschke and Mumma (1989) concluded that nutrient and/or pesticide concentrations in storm water and the impact on surface water would be considerably less than other urban pollutants not associated with well managed turfgrass areas. Groundwater The major concern over contamination of groundwater from infiltration also focuses on nutrients and pesticides. From turf areas, the major concern over contamination of ground waters from leaching is for nitrates and pesticides. Nitrates — Review of Scientific Studies. Most of the significance associated with nutrient leaching is focused on nitrate nitrogen (NO N). Because nitrates are anions, they do not respond to the exchange capacity of the soil. Consequently, if not taken up by the plant, or fixed inithe soil organic fraction through microbial activity, they can become a potential pollution problem in the percolating water. Reviews of the currently published research on nitrogen fertilizers applied to turfgrasses (Balogh.and Walker, 1992; Petrovic, 1990) has determined that . nitrate - nitrogen concentrations in soil water leaching through the surface soil exceeds drinking water standards of 10 ppm on sandy soils when one of the following conditions exist: 1) high levels of soluble nitrogen are applied, greater than 3 lbs. N /1000 sq.ft. at one time; or 2) very frequent (daily) irrigation is practiced coupled with application of large concentrations of water soluble nitrogen sources. Petrovic further noted that the degree of nitrate leaching is influenced by soil type, irrigation practices, nitrogen source and rate, and season of application. Gilliam (1988) noted that if all of the nitrogen applied to crops in North Carolina in one year went into groundwater, then based on percolating water volumes, the nitrate -N concentration would only be 4 ppm, far below the World Health Organization drinking water standard of 10 ppm. Although less than drinking water standards, nitrate concentrations greater than approximately 0.5mg/1 are of concern to the ecological health of an ecosystem. Anderson et al. (1981) demonstrated that a soil -turf filter can remove applied nitrogen from municipal wastewater at a very efficient level (> 52 % on a 95 % sand: 1 % silt: 4 % clay mix and > 64 % on a 89 % sand: 5 % silt: 4 % clay: 2 % organic matter mix). Minimizing nitrate movement is directly related to best management practices by efficiency in rate and timing of nitrogen inputs through choice of materials and efficiency in rate and timing of irrigation. All of these factors when addressed should reduce or eliminate nonpoint source losses of nutrients from golf course areas at Gray's Crossing Golf Course as a direct result of management by the golf course superintendent. Audubon International Institute Page N -3 Water Quality Management Plan for Gray's Crossing Golf Course Pesticides — Review of Scientific Studies. Pesticide contamination concerns are based on findings of several surveys which were conducted in the mid -I980s on drinking water wells and ground water sources which identified agricultural pesticides in the water (Nesheim, 1986; Rao et al., 1988). A number of factors determine the potential for pesticide movement and ground water contamination. Pesticide factors include reactivity with the soil, half -life, and time and rate of application. Soil factors also influence vulnerability with sandy soils low in organic matter having a greater tendency for problems. Soil pH and the presence of channels which may provide macropore flow also are factors influencing movement. The application site itself is also more vulnerable if it has a shallow depth to the ground water table, is in a particularly wet climate or extensive irrigation is practiced or if the pesticides are injected into the soil through the turf canopy (Anonymous, 1989). As part of the overall interaction of management practices, Weber and Keller (1989) have shown that plant water use will slow the leaching of pesticides and allow for more interaction within the root zone where material degradation is faster. A review of specific studies which have investigated turf application of materials and monitoring for surface and ground water problems have found that the majority of research from currently labeled materials have not exceeded acceptable limits. A recent US Geological Survey study in Florida documented several pesticides that exceeded the MCL (Maximum Contaminant Level) or guidance concentration (USGS, 1996). Findings from other studies have indicated concentrations below regulatory levels. A study by Mitchell et al. (1976) in Delaware found that dicamba (a commonly used postemergence herbicide) leached in putting green soils, but only at . a 100 parts per billion (ppb) maximum concentration which did not exceed drinking water standards of 210 ppb. •A similar study by Gold et al. (1988) in Rhode Island showed that under home lawn application conditions, dicamba concentrations in the soil water exceeded 1 ppb in less than 10 % of the samples and were in the 5 to 10 ppb range in only 4 % of the samples. In this same study, concentrations of 2,4 -D (also a postemergence herbicide) exceeded 1 ppb in only 4 % of the samples and in 83 % of the samples it was below detection limits. The conclusions from these studies were that the turf, due to its dense thatch layer and high soil organic matter content attenuated herbicide movement. The Rhode Island study concluded that the herbicide concentrations did not exceed drinking water standards at any time during the growing season. In a Florida study, ground water test wells on two golf courses in Palm Beach county were tested for 37 different pesticides. One of these wells was located between two putting greens where the highest incidence of pesticide use on golf courses occurs. Test results indicated that none of the chemicals targeted for detection were found in the water samples from the two golf courses (Kahler, 1990). Additional sampling has also found that no chemicals were detected in any of the water samples from the test wells (Jarrell, 1991, personal communication). Additionally, the EPA has released results of a well water survey conducted over a period of two years. They tested 1,347 randomly selected wells for 126 pesticides and their metabolites. Among the materials used on turf, only atrazine, bentazon, simazine, and dacthal were found and only atrazine was occasionally found at levels above those considered minimal to protect human health (Kahler, 1990). Audubon International Institute Page IV -4 Water Quality Management Plan for Gray's Crossing Golf Course A study conducted in Florida on 8 golf courses found nutrients and traces of pesticides in ground water, surface water and irrigation ponds (USGS, 1996). This is in a sensitive ecosystem where sandy soils, high rainfall and heavy uses of pesticides and fertilizers occurs. From an ecological view, the majority of the detection were below 1 ppb, and those which were higher were mostly for pesticides that are not toxic to aquatic organisms. However, human health standards were violated when Acephate and Simazine in surface waters, and Bentazon, Arsenic, Atrazine and Acephate exceeded the MCL (maximum contaminant levels) or a guidance concentration. Another recent study in North Carolina also found pesticides in groundwater from a golf course operation. Simazine was found at concentrations of 1.6, 3.1 and 7.4 ppb on three different sample dates (NC Interagency Task Force, 1996). These studies point out the need for judicious use of pesticides, correct selection of pesticides, and for an IPM program. Balogh and Anderson (1992), in a literature review, summarized results of pesticide studies and indicated that the rate and timing of pesticide application in relation to precipitation/irrigation that produces runoff or leaching episodes is a critical management consideration. No pesticide application should be made when the possibility of rain is imminent. Materials which require water for activation are best watered into the soil with controlled irrigation. Based on this assessment, a well developed management plan, properly implemented, should provide the environmental protection and enhancement desired with golf course development. Audubon International Institute Page IV -5 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 002 OF 007 • 1111 111 111 1 111 11 111111111111111111111111 1 11111111 Nevada, County Recorder Recording Requested By And Kathleen Smith When Rceorded Return to: DOC— 2004 - 0045640 -00 Check Number 41837 TRUCKEE TAHOE AIRPORT DISTRICT Monday, NDV 01, 2004 09: 00:00 Attention General Manager REC $i0.00 ssS $5.00:MIC $1.00 10356 Truckee Airport Road QU7 $6_001 Truckee, California 96161 Tt1 Pd $22.00 Nbr- Oii" KLB /KB /1 -6 Space Abawfor Recot use OVERFLIGHT EASEMENT This indenture made this L_y of a46er , 2004, between GRAY'S STATION, LW, a Limited Liability Company, herein after referred to as Grantor, and the TRUCKEE TAHOE AIRPORT DISTRICT, a political subdivision of the State of California, hereinafter referred to as Grantee. The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the following described parcel of land in which the Grantor holds a fee simple estate. The real property which is subject to this easement is depicted on Exhibit A attached and incorporated herein by this reference. The easement applies to the Airspace located two hundred feet (200') or more above the natural ground level at each point on the real property depicted on. Exhibit A hereto, the intent being that the easement area will follow the contours of the natural ground level of the real property, starting at two hundred feet (200') above said natural ground level at each point and continue upwards without limit. The aforesaid easement and right -of -way includes, but is not limited to: I. For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the Airspace hereinabove described; and 2. The easement and right to cause or create, or permit or allow to be caused and created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air illumination and fuel consumption as maybe inherent in, or may arise or occur from or during the operation of aircraft and any and all kinds, now or hereafter known or used, for navigation of or flight in air; and 3. A continuing right to clear and keep clear from the Airspace any portion of buildings, structures or improvements of any kinds, and oftrees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees, or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees • 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624-0960 PAGE; 003 OF 007 045640 which extend into or above the Airspace; and 4. The right to make and light, or cause or require to be marked and lighted, as obstructions to air navigation, any and all buildings, structures or other improvements, and trees or other objects, which extend into or above the Airspace; and 5. The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice. For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the Grantee, for the direct benefit of the real property constituting the Truckee Tahoe Airport hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct, install, erect, place or grow, in or upon the hereinabove described real property, nor will they permit or allow any building structure, improvement, tree, or other object to extend into or above the Airspace so as to constitute an obstruction to air navigation or to obstruct or interfere with the use of the easement and rights -of -way herein granted. The easements and rights -of -way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the Truckee Tahoe Airport, in the Counties of Placer and Nevada, State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit the Grantee and any and all members of the general public who may use said - easement or right -of -way, in landing at, taking off from or operating such aircraft in or about the Truckee Tahoe Airport, or in otherwise flying through said Airspace. Grantor, together with its successors in interest and assigns, hereby waives its right to legal action against Grantee, its successors or assigns for monetary damages or other redress due to impacts, as described in paragraph (2) of the granted rights of easement associated with aircraft operations in the air or on the ground at airport, including future increases in the volume or changes in location of said operations. Furthermore, Grantee, its successors, and assigns shall have no duty to avoid or mitigate such damages through physical modification of airport facilities or establishment or modification of aircraft operational procedures or restrictions. However, this waiver shall not apply if the airport role or character of its usage (as identified in an adopted airport master plan, for example) changes in a fundamental manner which could not reasonably have been anticipated at the time of the granting of this easement and which results in a substantial increase in the impacts associated with aircraft operations. Also, this grant of easement shall not operate to deprive the Grantor, its successors or assigns of any rights which may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement and said Truckee Taboe Airport is the dominant tenement. 11/3/7004 10:34 AM FROH: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 004 OF 007 • 045640 GRANTOR: GRAY'S STATION, LLC, a Delaware limited liability company By: East West Resort Development V, L.P., L.L.L.P., a Delaware limited partnership as a member and manager By: HF Holding Corporation, a Colorado corporation as its general partner Dated: Name: Wt. ni Title: V/0 • 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624 -5960 PAGE: 005 OF 007 045640 State of California ) County of 4 .4 _ _ ) 14:4-1-1- On OS, 4 f. , 2004, before me, c i� 4av - personally appeared _ /fl CC n_--" , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name,9''ag subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons acted, executed the instrument. 7 Wl S my band and official seaL 7 a (Seal) No he Corrunission No.: � / / / , !; �,,,,_` My Commission Expires: Ns of :`� " • ' � -• ra I 1 76174 , % e 6 M. 13. 11/3/2004 10:34 AM FROM: Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 006 OF 007 • 045640 • CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the attached document is hereby accepted by the undersigned President of, and on behalf of, the Board of Directors of the Truckee Tahoe Airport District pursuant to authority conferred by the Board of Directors on November 9, 200I, by Resolution No. 2001 -09, and Grantee consents to the recordation thereof by its duly authorized officer. Dated: /0 —/ J o¢ TRUCKEE TAHOE AIRPORT DISTRICT By. // --r.r T _ Name: /Ks v ¢•s7c Title: State of California ) County of Pine. Pr ) On •C-+V I er . 2004, before me, Ate i r. Z - (ili t 1' EP P , I I G personally appeared Ken Pother , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person%whose name!, are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature!( on the instrument the person;, or the entities upon behalf of which the persons acted, executed the instrument. WITNESS my band and official seal. gARanz*J.s UTTERFlton 3 .D t ) ! Cmiaa • s ir' �. oml 133075 T - - ; ��ty , N a om Public - /33075 California F �/ +.�..�' ... Ca Placer County I �� 1 ' I � (Seal) A ; rr msNwta.m05_ Notary Public Commission No.: (330 My Commission Expires: II /1210S . — r 11/3/2004 10:34 AM FROM; Data Trace Help Des Data Trace TO: 624 -0960 PAGE: 007 OF 007 • 045640 Exhibit A LEGAL DESCRIPTION OVERFLIGHT EASEMENT All that real property situated in the Town of Truckee, County of Nevada, State of California, being a portion of the W.l /2 Section 1, a portion of section 2 and a portion of the N.112 section 11, Township 17 North, Range 16 East, Mount Diablo Base and Meridian and being more particularly described as follows: All that real p r o p e r t y within the a f o r e m e n t i o n e d section 1, 2 and I I being North of Northerly right of way line of Alder Drive and West of Westerly right of way line of Highway 89, being also described as Lots 1 and 2 as shown on final map no. 88 -11, Boca sierra Estates, recorded in book 7 of subdivisions., page 113, O.R.N.C.; also including all property North of the northerly right -of -way line of Prosser Dam Road and East of the Easterly right of way line of State Highway 89, being also described as lots 4, 5, 6, 7 and 8 per said Boca Sierra Estates Final Map; said piuperty also includes parcel 2 as shown . and so designated on lot line adjustment #03 -067, recorded as document no. 2004- 027862, Official Records of Nevada County; also including all property South of Prosser Dam Road being described as lots 9,10, 12, 21 and 22 per said Boca Sierra Estates Final Map; excepting therefrom all property South of the Northerly right of way line of Interstate.80 and Southwest of the Northeasterly right of way line of State Highway 89 as indicated on document no. 2000 - 12243, Official records of Nevada County. r, SGT `F A END OF DOCUMENT • GERALD It STAPP No. 4332 ,' - lot Ctitne' . r 4 6. Hydroikos Ltd. a 2175 E. Francisco Blvd., Ste. A San Rafael, CA 94901 Phone: (415) 482 -8173 Fax: (415) 256 -1123 coats @hydroikos.com www.hydroikos.com DATE: July 12, 2005 TO: Heidi Bums Associate Planner Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 FROM: Robert Coats, Ph.D. RE: Review of the Gray's Crossing Golf Course Natural Resources Management Plan At your request I have reviewed the Natural Resource Management Plan (NMRP, revision of May 5 2002) for the proposed Gray's Crossing Golf Course. My review has focused on the water quality monitoring plan of NMRP. I have a number of comments and suggestions that I think will improve the monitoring plan, and help the Owner (East West Partners) to demonstrate compliance with the Water Quality Objectives of the Lahontan Regional Water Quality Control Board (the Board): Sampling Frequency and Timing for Surface Water • The WQMP calls for sampling at 7 sites, 3 times per year (spring, summer and fall), for both Phase I @reconstruction) and Phase II (golf course operation). There is no way that 3 samples per year can adequately characterize water quality (especially nitrogen and phosphorus concentrations) at a given site. I note that the water quality objectives in the Board's Basin Plan are based on the "mean of monthly means" for the period of record, which is defined as the "arithmetic mean of 30 -day averages ". You would thus need some basis for calculating 30 -day averages, which would require more than one sample every 3 months. The basic problem is that the concentrations of the water quality constituents of interest can vary by 1 -2 orders of magnitude on a time scale of hours, especially in small watersheds. This is illustrated in Figure 1, which shows the total phosphorus (TP) and nitrate- nitrogen concentration at the Tahoe City Treatment Wetland inflow, for 2004 Water Year. The primary source of nitrogen and phosphorus at this sampling station is surface runoff and subsurface seepage from a golf course. The data were collected by the U.C. Davis Tahoe Research Group, as part of the max: Hydroikos Ltd. __�1■■(fc. Board's TMDL project. Individual samples in many cases represent flow - weighted composites, which reduce the total variance in concentration. Note that the scale is logarithmic. The TP concentration ranged from 51 to 1,583 µg /1, and nitrate -N from 76 to 2,562 µg /I. Table 1 shows the summary statistics for all of the water quality constituents measured. Note that in some cases the standard deviation exceeds the sample median, and approaches the sample mean. Obviously three grab samples per year would not be adequate for characterizing "mean of monthly means" for these data, or for estimating a concentration at two standard deviations above the sample mean of background. • Figure 1. Water Quality at Tahoe City . Treatment Wetland Inlet, 2004 WY 10,000 C) -+ — Total P = 5 —a— Nitrate -N 0 1 ,000 , , - d CU 100 M I lL i ' Z 0 �� C 0 U 10 I 10/2 1/10 4/19 Date, Time TKN, NO3 -N, NH4 -N, TP, TDP, SRP, TSS, NWl Fig / Rg /l µg/I Ng /I µg /I mg /L n 49 52 52 52 52 52 52 Mean 1165 858 44 418 148 126 67 Median 940 809 27 285 137 115 19 Standard Dev. 839 517 43 400 64 65 104 Q-wtd. Mean conc. 1502 591 53 763 180 114 234 Table 1. Summary water quality statistics for 2004 WY samples at the Tahoe City Treatment Wetland Inlet Hydroikos Ltd. - Figures 2A -2C are histograms showing the sample distributions for different forms of nitrogen and phosphorus in the Tahoe City data. None of the sample distributions appear to be anywhere near normal. Figure 2A. Total P and NO -N Samples • at Tahoe City Golf Course Drain, 2004 TMDL Data 14 a 12 R 10 rn 8 ® TP 45 6 0 NO3 -N 2 4 E 2 3 Z 0 . p, f f 1 R 0 X0 0 00 0 0 0 X0 0 X0 0 X0 0 ^0 0 X0 0 e N f f L Concentration, ug /I Figure 2B. TKN Samples at Tahoe City Golf Course Drain, 2004 TMDL Data • 14 .. 12 E 10 N 8- 4- C 6 .0 • 4 2 z n 1 � El 00000000000 p N ti ti ti 'b rip b' Concentration, ug /I • Hydroikos Ltd. Figure 2C. SRP Samples at Tahoe City Golf Course Drain, 2004 TMDL Data u) 9 N - 1 8 E 7 N 5 0 4 — J ' 3 - 2 E 1 — — • Z 0 I N O co C ug/ /I Locations of Sampling Sites Six of the seven proposed surface water sampling sites are located in intermittent or ephemeral streams, and one (SW -4) is in a pond on the golf course. The three sites in the streams (SW -1, SW -2 and SW -3) will sample storm water runoff from the residential areas as well as from the golf course, and one of them (SW -3) may also be influenced by runoff from the commercial area. The addition of SW -5, SW -6 and SW -7 would help to sort out the relative water quality impacts of the different land uses, if the sample size were larger. In any case, the water quality monitoring results for stations SW -1, SW -2 and SW -3 will apply to the entire development, and not just the golf course. If Station SW -2 were moved about 400 downstream, the sampling would capture the effect of one additional storm drain. Water Quality Constituents Table 2 shows the numerical objectives that have been established for the Truckee River below Donner Creek, and for Trout Creek, a tributary of the Truckee River that enters the river at the Town of Truckee. The numbers refer to the "mean of monthly means ". The Board has not established specific objectives for tributaries of Prosser Creek Reservoir, but presumably the objectives for nearby streams reflect the Board's intent. • Hydroikos Ltd. Constituent Water Quality Objective, mg/I Truckee R. Trout Cr. TDS 70 70 Cr 3.0 3.0 SO4 • 3.5 3.5 TP 0.05 0.04 NO -N 0.06 0.05 Total N 0.41 0.15 TKN 0.35 0.10 Fe 0.29 0.18 Pesticides 0 detects 0 detects Table 2. Water Quality Objectives in the Basin Plan, for Truckee River below Donner Creek, and Trout Creek at mouth Numerical objectives are also established for pH and dissolved oxygen (DO), and narrative objectives for turbidity and suspended sediment. In their comments on the Draft NRMP, the Board staff asked that 9 mg /I nitrate -N be used as the "action trigger ". This is apparently based on the drinking water standard. It is unlikely that this concentration will ever be exceeded, so the applicable standard will be based on the non - degradation policy. Not all of the constituents for which water quality objectives have been established are listed in the NRMP as "Variables to be Analyzed" (Table 7 -5 of the NRMP), and some important constituents are on neither the Board's list nor the NRMP list. The NRMP states (p. 7 -14 and p. 7 -21) that "(s)urface, groundwater and sediments will be analyzed for the variables listed in Table 7 -5 ", but except for pesticides, the listed variable are only appropriate for measurement in water samples. I assume it is not intended that all of the listed variables be measured in sediment as well as in water samples. But Table 7 -7 gives a holding time for total phosphorus in sediment. My recommendations on candidate constituents in the golf course monitoring program are as follows: Ammonium -N: NH -N is usually very low in natural waters, but sometimes very high in urbanized areas in the Tahoe basin. It should be included, even though it is not on the Board's list. It is relatively easy and cheap to measure. It is biostimulatory to algae, and contributes to biochemical oxygen demand (BOD). At high pH and warm temperature, un- ionized ammonia may be liberated at concentrations that are toxic to fish. Nitrate and Nitrite - nitrogen: These are usually analyzed together. Nitrite is rare and ephemeral, and is usually converted rapidly to nitrate, so there is not much point in analyzing it separately. Hydroikos Ltd. Ideally, SSC rather that TSS would be treasured, since that is the parameter used in regional sampling programs by the USGS. I note that the USGS has recently developed a new protocol for measuring and reporting turbidity. If turbidity rather than suspended sediment is measured, it should be based on this protocol. USGS data - collection and data - reporting procedures for turbidity, and associated references, are online at http: // water. usgs .gov /admin /memo /QW /gw04.03.html (Office of Water Quality Technical Memorandum 2004.03) and in the USGS National Field Manual for the Collection of Water- Quality Data, Chapter 6.7, Turbidity, at: http: //water.usgs.gov /own /FieldManual /Chapter6 /6.7 contents.html). Total Dissolved Solids and Specific Conductance: There will be no need to measure both indefinitely. SC can be used to estimate TDS. Since the Board has a TDS standard, at least one of these should stay on the list. pjj: This may be elevated in the summer, especially in areas exposed to direct sunlight, where algae are removing CO from the water. Consistency regarding time of day is very important; pH may be low at dawn and high in the afternoon. It should be measured in the field, rather than in the lab. Dissolved Oxygen (DO): Like pH, DO concentrations in surface water may fluctuate rapidly over the course of day, with high (supersaturated) values at mid -day (due to algal photosynthesis), and low values (due to respiration) before dawn. It is important to measure DO at a consistent time each day, preferably before sunrise. Chloride and Sulfate: The Board has objectives for these anions, although they are not likely of much significance, except to downstream irrigators. Highest concentrations should be expected as the streams dry up. The conductivity data can be converted to Total Dissolved Solids and used to estimate an upper limit for the concentrations of these ions. Iron: Iron is a common constituent of the mineral particles soil. For surface water, its relationship to beneficial uses is poorly defined. It is not included in Table 7 -5. There is probably no point in measuring it. Pesticides: The NMRP uses a "risk ratio" to screen pesticides for those that are most likely to cause problems and should thus be included in the sampling program. This is a reasonable approach, since measuring pesticide concentrations is expensive, and it is important to concentrate resources on those that may actually cause problems. The EPA methods manuals cited, however, are 18 -20 years old. It is likely that improved methods with lower detection limits are available. The weed management plan discusses 3 substances for possible control of aquatic weeds (fluridone, glyphosate and copper sulfate) that are not listed in Table 7.6. If copper sulfate is Hydroikos Ltd. `M i — used for control of algae in water features, it will be important to measure hardness of the water as well as copper concentration, since the toxicity of copper to aquatic organisms is strongly (and inversely) related to hardness. The California Toxics Rule (CTR) incorporates the hardness effect. - Discharge measurements It is very important that water quality sampling be tied to measurement of stream discharge. Some constituents will be directly related to discharge, and others will be inversely related. It is almost impossible to interpret water quality data without knowing the hydrologic conditions at the time of sampling. For the relatively low flows at most of the proposed sampling sites, a small weir or Parshall flume would probably be more accurate than measuring velocity with a pygmy meter in a surveyed open section. Protection and Monitoring of Wetlands The wet meadows on the site are very fragile, and vulnerable to erosion and compaction if they are disturbed, especially when the soil is saturated (see Figure 4). They should be protected against foot, bicycle and motor vehicle traffic. This may require installing wooden walk -ways at strategic locations where foot and bicycle traffic is likely, and elsewhere blocking access with fences. • 4 q 1, n,: .�c -* t r R. t' p Y24r x 1 ," '� _ -_ _& + .t Y • i a �`5 .9 p- -- : ..+. -' f Y fit +t_aa. a a T - m+ r t sr ."Set a 1. d *1'.-F"f 7 1 '':41.,;-:-..... ' '+. -- &,. ';'1,.: e : ta t r 1% „Lti ° t t 4$. r ) 't.,?:: - ,.. .+t w 't r , xF; ,{, M1 4"� ^' t y t `r d Y 't `�4.' * . "f 5 4 y , `k a n• t s , � 2rx..t ; G t Urfa S. y . {' M a _ '. r x W \ Y" i. f t t e k" t t ,ti }' i . v : 1 G ' V, n tt P1b 11 g r i wG t�t� � 5, �`tx� t �� '�� �t a� + s� �� + �e � `�'sr N a �� �y \. °5.R4 4Xr. 0(�T' 'Y.. , p i f L i� 4-3R iE .+. y + , 4 A :a_ ,'�}� 1 6 M1 f .-. � 0. .. }� , i ., k Y ., ' 7, d-C ...+t 1 1 5 vi._ ,r S :.b 2'4 G t r ' , X ; . "'r^SI 4,,A 4, ., 4, T' ..( +t l R vta * 4 , „C R. 'Y0. s k .' r a ry - . 4 . t# r is4d � 4 V :, %mac t x " 3 � �4 Y.- ` , 1 ._'f 1.- ,.. ' 4r Cot. "t } �^ [( -- T�� 3 ,'i c f N",+t ,14.- 5. �. 4 '..4 to L; + { PSK y� R �v F ° ' � - +' ' t a +'�''`f "' � „ S M 44 ' sr - t , 4 1$ 0 , - ,z, Y w+ 4'.3a.'+"'tb "'3 . ,j1 STS' at.s,t�' r k sm t,:, a . s � i A c t h w u t+ !'fte� a g 1) ) V Figure 4. Vehicle tracks across wet meadow Hydroikos Ltd. As mentioned in the SWPP Review Memo (Hydroikos, June 2005), off -site increases in peak flows may initiate channel incision in the wet meadows. Monitoring of the meadows should include survey (and biemiial resurvey) of monumented cross - sections at strategic locations, to check for incipient channel incision. The vegetation of the wet meadows is also likely to be affected by increases in nutrient (especially nitrogen) discharge from residential and golf course areas. Increased nitrogen concentrations are known to favor invasion of wetlands and grasslands by weeds (Fenn, et al, 1998). Permanent plots or transects should be laid out in the wet meadows and sampled every two years. It might turn out to be easier to detect changes in vegetation than in nutrient concentrations in runoff. Groundwater Monitoring Groundwater should be sampled at a depth of 25 -30 ft, if water is available at that depth. This is in agreement with the All memo of 5/25/05. The best times to sample would be in the spring (after snowinelt, when the water table is at maximum level), and in the fall, after the first big storms. Quality Assurance /Quality Control Procedures The QA /QC procedures seem to be adequate. If the monitoring plan is modified as recommended below, however, the QA /QC procedures will also need to be modified. Field Methods The container type for phosphorus is designated as glass or plastic. Phosphorus can adsorb onto glass, however. Only plastic bottles should be used. Criteria for Management Response A major purpose of the proposed monitoring program is to detect any water quality problems that occur, and correct them. Conditions that would trigger a management response for non - pesticide constituents are "if concentrations...exceed Applicable State Water Quality Criteria, or if measured concentrations of nutrients exceed the standard deviation of background levels by more than two times..." There are three problems with this statement. First, The "applicable state water quality criteria" are not defined, but they presumably include the nondegradation policy, and the water quality objectives defined for nearby streams, such as Trout Creek and the Truckee River. Second, the phrase "...exceed the standard deviation of background levels by more than two times" doesn't make sense. I think what the author means is "...if measured concentrations exceed the mean of background concentrations by more than two standard deviations..." Third, the rationale for choosing the action level at two standard deviations above background is not clear; probably it is based on the erroneous assumption that the water quality Hydroikos Ltd. data and sampling errors will be normally distributed. But neither the "mean of monthly means" (the basis of the Board's water quality objectives) nor the standard deviation of the background levels can be adequately determined with only 3 samples per year. As sampling locations are defined, it will be impossible to determine whether a measured exceedence is attributable to the golf course or to the residential development. It will thus be impossible to decide on the appropriate management response. Some Miscellaneous Comments . Table 4 -2 of the NRMP gives storm water pollutant removal efficiencies for urban runoff. Tables such as this are often used to estimate the final percent removal by applying the given percent removal of each BMP in a treatment chain. This is fallacious, since the percent removal (or marginal removal) declines with each successive treatment. On p. 5 -10, paragraph 2 refers to "nitrate concentrations ", but should refer to "nitrate- nitrogen ". The federal drinking water standard is 10 mg /1 nitrate- nitrogen. The turf will apparently use creeping bent grass, among other grasses. I note that there is a controversy about the spread of pollen from genetically - modified (GM) or "Round -up Ready" creeping bent grass. If use of any GM grass is contemplated, the issue should be addressed in the EIR. I am not sure if GM creeping bent grass has been approved yet by the USDA for commercial use (see Attachment I from Chemical and Engineering News). The literature review (Appendix IV) on water quality effects of golf course fertilizer should incorporate available data from studies in mountain environments. Some data are available for golf courses in the Tahoe basin. The review of water quality effects of pesticides should focus • on the pesticides that will actually be used on the golf course. It should include consideration of persistence and bioaccumulation as well as mobility. The configuration of roads and lots shown on the NRMP maps differs from that of the SWPP maps (which are more recent). The NRMP maps should be updated. Recommendations 1. The best way to cope with the high variability in discharge and concentration in surface water is to use automated sampling equipment. These machines can be programmed to measure discharge and collect samples at a given interval of time or discharge. The samples can then be composited to make a flow - weighted sample that accurately represents the average of a given event or time interval. This greatly reduces the water chemistry burden. Over 20 automated samplers are currently in operation in the Tahoe area, and a number of local consultants are becoming adept at their installation and use. These machines should be installed at each of the sites proposed for water quality monitoring, and operated during storm events or rapid snowmelt, • Hydroikos Ltd. \I with samples collected hourly. During low -flow periods, when discharge is relatively stable, weekly grab - samples could be collected in lieu of using the automated collectors. Sampling could be discontinued when water is present only in disconnected pools, and there is no significant surface flow. For sampling pesticides, a separate sample run may be necessary, since glass rather than - plastic bottles must be used. Two well - sampled events per year with volume - weighted composite samples, should be adequate, if the sampling is timed to capture runoff following a recent application. 2. The monitoring program should be designed in three phases. The first phase would aim at establishing the base -line water quality conditions on site. Because golf - course construction may involve considerable grading, it may not be practical to install automated samplers for the pre - construction phase. Extensive grab sampling with estimates of discharge may be necessary. Groundwater monitoring wells might have to be protected during grading, or re- installed. The second phase samples would be collected during construction, to identify construction - related problems. This phase might also have to be based on grab samples rather than automated sampling. Monitoring in this phase should be coordinated with the SWPPP construction -phase monitoring program. The third phase will monitor the water quality effects of operation of the golf course, and would use the monitoring equipment and monitoring wells installed during construction. As residential areas are built out, the water quality at the downstream stations may change over time. 3. The choice of a laboratory to do the analysis is important. Not every EPA or State - certified laboratory is capable of analyzing the relatively low concentrations of nitrogen and phosphorus species that occur much of the time in mountain streams. Acceptable Method Detection Limits (MDLs) in µg /1 are shown below, in Table 3. I recommend High Sierra Water Laboratory (HSWL) for nitrogen, phosphorus and suspended sediment. (see http: / /www.hswaterlab.com/). HSWL is located in Russel Valley, about a 10 min. drive northeast of the site, and does much of the analysis for the LTIMP program. Their prices for these constituents are Less than those of other commercial labs. Very few commercial labs can accurately measure low concentrations of TKN. Hydroikos Ltd. Table 3. Recommend Method Detection Limits for the NRMP Constituent Recommended MDL, gg /1 NH4 -N 2 NO3 +NO2 -N 5 TKN 20 SRP 1 TP 5 SSC 1000 4. Monitoring should include cross - sections and vegetation sampling in the wet meadow areas. These areas should be protected from uncontrolled foot and vehicle traffic. I hope these comments are helpful. Please feel free to contact me if you have any additional questions. REFERENCE Fenn, M. E., Poth, A., Aber, J. D., Baron, J. S., Borman, B. T., Johnson, D. W., Lamly, A. D., McNulty, S. G., Ryan, D. F. & Stottlemeyer, R. 1998. Nitrogen excess in North American ecosystems: predisposing factors, ecosystem responses, and management strategies. Ecological Applications 8: 706 -733. • Hydroikos Ltd. ATTACHMENT I Chemical & Engineering News September 27, 2004 Volume 82, Number 39 P. 5 BIOTECH CROPS GENE FLOW FROM TRANSGENIC GRASS EPA study finds that bent grass transgenes can travel as far as 13 miles BETTE I- IILEMAN A new study finds that genes h - - 4 from Roundup Ready creeping "" bent grass can travel at least 13 miles. The study validates # 3 'U� the concerns of many ,._ a scientists and s rt Y environmentalists that the . , '' , ' e genetic alteration of some -'w'", crops may not be contained and could thus spread widely s. ° �" " _ . to other domestic or wild plants. WIDESPREAD Genetically engineered creeping bent grass, designed for use on The genetically engineered golf course greens, could spread its grass is being developed by herbicide resistance. Monsanto and Scotts as a turf plant for golf greens and fairways. Previous studies have found that crop genes flow only about 1,400 feet. The new work reveals the possibility that altered genes can, in fact, spread great distances. In the case of bent grass, there is a concern that herbicide resistance might spread to wild bent grass and other related species. These results could influence USDA's deliberations over whether to allow the transgenic bent grass to be commercialized. About two months ago, USDA decided to require an environmental impact statement (EIS) on the grass, says Meghan Thomas, spokeswoman for USDA's Animal & Plant Health Inspection Service (APHIS). This is the first time USDA has done an EIS on an engineered crop. It made this unusual decision because bent grass is a perennial crop and therefore harder to control than annual crops such as corn and soybeans, Thomas says. Hydroikos Ltd. 4 =� Creeping bent grass is most commonly used on golf course greens and fairways because it can be cut very short. Currently, there is no way to prevent bluegrass from mixing with the bent grass on greens, and managers must use a variety of herbicides and fungicides that are compatible with the two grasses, says Jim King, Scotts's director of communications. With transgenic bent grass, bluegrass could be eliminated with Roundup, so "far fewer products would be needed to manage the greens," he says. In the gene -flow study, the researchers placed 138 pots of creeping bent grass at various distances from trial plots of transgenic bent grass, says Lidia S. Watrud, research ecologist at EPA's National Health & Environmental Effects Research Laboratory and lead investigator in the study, published online in Proceedings of the National Academy of Sciences. After potential exposure to pollen from the engineered bent grass, seed heads from the potted plants were collected. The researchers also gathered seed heads from plants of related wild species that were growing naturally in the area. Many of the seedlings grown from the seed heads were resistant to Roundup, and tests showed they contained the gene that confers Roundup resistance, Watrud says. Earlier this year, the U.S. Forest Service sent comments to APHIS, saying that transgenic bent grass could transfer its herbicide resistance to relatives, creating weeds that would be impossible to control with Roundup, which is widely used in national forests. Officials at the National Park Service also have concerns. "In the nation's 387 parks, there are many dozens of situations where close relatives of bent grass are present," says Terry Cacek, park service coordinator for integrated pest management. "We are concerned that herbicide - tolerant bent grasses could compete with native vegetation in the backcountry," he says. King, however, says that bent grass on golf greens is mown so frequently that it would never produce pollen. But Watrud notes that if the very fine transgenic bent grass seed is planted on golf greens, bent grass will undoubtedly end up in rough areas and near drainage ditches where it would not be managed so carefully. Robert Hedberg, director of science policy for the Weed Science Society of America, notes that because bent grass and related species have not historically been weed problems in agriculture, engineered bent grass is not likely to present problems. Chemical & Engineering News ISSN 0009 -2347 Copyright © 2004 gips y 6 y AUDUBON INTERNATIONAL MEMORANDUM TO: Rick McConn Gray's Crossing FROM: Miles M. (Bud) Smart, Ph.D. Director, Environmental Planning Department Audubon International DATE: June 26, 2006 REFERENCE: Gray's Crossing Water Quality Management Plan and the comments of Robert Coats - Dear Rick, • In May 2005 we updated the Audubon International Water Quality Monitoring Plan (WQMP) based on discussions and comments from Lahontan Region Water Quality Control Board (LRWQCB), the Truckee River Watershed Council, and the Town of Truckee. I have attached a copy of the May 2005 memo. • 1 was recently forwarded a copy of a memo from Robert Coats regarding a review of the NRMP and specifically, the WQMP. The comments were made on the draft NRMP dated May 5, 2002; and all comments were either incorporated into the WQMP dated May 2005, and those that were not incorporated were discussed in detail in April and May of 2005 with the Lahontan Region Water Quality Control Board (LRWQCB), the Truckee River Watershed Council, and the Town of Truckee. Based on the discussions we have had with these varies entities, we have incorporated most of the suggestions. Below, I list Dr. Coats comments, if we incorporated the suggestion, and if not, the reason for not incorporating the suggestion. Comment 1. Sampling Frequency and Timing for Surface Water. Response 1. The conceptual model that we followed focused on sampling times at multiple stations during snow melt and rain events in summer. By following this model we are able to capture significant runoff events. This issue was discussed at length during the April phone conference. Audubon International Page 1 Rick McConn Gray's Crossing Water Quality Monitoring Plan The goal of the monitoring plan is to provide a snapshot of the water quality at the time of sampling. The first sample event corresponds with snow melt during the spring, and the other two with rain events. Summer rainfall is minimal and the rain events provide a snapshot of the water quality at the time of sampling. Long term average rainfall at Truckee in inches is: May 1.3, June 0.8, July 0.4, August 0.6, September 0.9, and October 1.9 inches. During the conference call, we agreed that a measure of the snow melt and two rain events at seven stations provided an appropriate snapshot. There are seven surface water sample stations plus three BMP surface water sample stations. These sample stations provide a cross - section of the run -off from the development. By sampling during significant runoff events at 10 different surface water locations ,we are obtaining water quality data needed to assess the potential impact from the development. Comment 2. Locations of Sampling Sites Response 2. We added surface water sample stations as suggested during the April 2005 conference call. The plan has 7 surface water sample locations plus 3 BMP surface water sample stations. By sampling during significant runoff events at 10 different surface water locations we are obtaining water quality data needed to assess the potential impact from the development Comment 3. Water Quality Constituents Response 3. The anti - degradation language was added to the NRMP. The nitrate nitrogen action trigger was set at 9 mg/0 as requested by the LRWQCB. We added total dissolved phosphorus to our list of constituents. Of the variables suggested for the monitoring program, we already analyze for all but ammonia nitrogen and total Kjeldahl nitrogen. We analyze for nitrate nitrogen instead because it has a tendency to move from watersheds more readily. The comment concerning risk assessment methodology being 18 to 20 years old is inaccurate: Our models and process were updated in 2002. Comment 4. Discharge measurements Response 4. We have included measuring stream discharge as part of the routine monitoring. Comment 5. Protection and monitoring of wetlands • Response 5. Wet meadows are protected. A program to monitor, evaluate and repair any damage is in place. Audubon International Page 2 Rick McCann Gray's Crossing Water Quality Monitoring Plan Comment 6. Groundwater Monitoring Response 6. Groundwater is sampled at a depth of 25 - 30 feet as indicated in our memo of May 25, 2005. Comment 7. Quality Assurance /Quality Control procedures Response 7. No changes, QA/QC is adequate. Comment 8. Field Methods Response 8. The latest edition of Standard Methods indicates that glass is preferred because low concentrations of phosphorus may be adsorbed to bottle walls. Under normal circumstances, however, either is acceptable. Comment 9. Criteria for Management Response Response 9. There are three problems identified in this section. The first is that we do not list state water quality criteria. This is correct we do not list the numbers because the numbers may change. The important point is the concentration of the samples relative to the state criteria. Second problem is the wording of the exceedance criteria. We mean, `two standard deviations above baseline mean" and will change the text to make this clear. Third problem is why two standard deviations identified as the action level. We use two standard deviations because it provides a reasonable estimate of the levels that may be problematic. The sample locations identify specific areas in the development and thus if problems arise, we will know, in the least, where to begin corrective action. Comment 10. Miscellaneous Comments Response 10. A. Table 4 -2. We are not suggesting that successive BMPs have the same removal efficiencies when in a BMP train as when evaluated as a stand alone BMP. We are simply providing BMP information. B. Nitrate concentration - yes, this is nitrate nitrogen. C. No genetically modified grasses will be used. D. We can update the NRMP maps and will do so when we finalize the NRMP just before the final audit. Audubon International Page 3 pifi✓l 4l. C. ga. 10/01/2005 12:42 7757860790 ASPEN DEVELOPERS CO • PAGE 03 - `i4a I+rawv' SNOW REMOVAL PROPO October 1, 2005,;: i; ?i n:.. ... - Grays Crossing Phase II HOA Jeff Chamberlin /Jarod Northon PO Box 838 Truckee, CA 96160 i iii i • /I. We propose to furnish egistprhent antlaabor in accordance with thespect battgns below for the amount as stated. Payment a b>;; ri t1e es follows: On a morlthly our billing . All work will be completed Ot irillkq according to Asppa(f ialdpers Corp in;13±W 's standard practices. Any dcvla8onitd)yr standard removal practT0es053'specifications will result in an extra charge beyond;tliilsok1rect amount. Snow from rgofs „whether it slid or was •• shoveled into snow removal-ar*tecohl'Mary .moving of snow piles;.b'r additional plowing Will result .. ~ \� in extra charges. The owne0010. pf tenant is; responsible for clearing. from and/or staking 110 \F transformers, fi high recommended) re hydrants utl objects b &ty boX gnd the f3f ri'fo qe plowed, including rock or other pillars planters \ other obstacles and determlmng siiew stmri�ge' . 4 , 6 / Except for ingress and egress, k1tlewtlllt5 and walkways are exdl0tyed fK nt snow rerii t rltreCt •We are nbt responsible for darfieg� to ttdewencs r oany of Its aornpbnentjend th app 1indCe `/ ir1CIuding but not limited to rock p1I18t's, p 13.ifirs, light'srandards, of fave)f4; suI grade lallure, concrete or asphalt eurbg;;d S1 ' o pth2r'item thatwil riot wl$' ro£ heti�tt4I irigi al snew:removel / ' dp`erattons. Aspen Developers COYpwiff dot pe•liable for at 0iteh'fs br Inruf.T9s'occurnng before, ,. dur4pg or after snow removal opegetfonimill]rcrtf do not directly involve Its equipment. This proposal Is gbrtbngent upon strikes accldeA7ta dr da)a3 beyond our con .oF: Employees are covered by •orT{ers Compensation msurahCe '_ • Developers C W orp '/Y11 T7,jwt]•SIGNATURE :': , ii, ' i OFFICER NOTE This; proposal may be with n I hof :accepted within thirty (30) days. . NEVADA orrlcr A s,Qan b e v elgpers Corp hereby Submrt4 g}praposal for snow removal as stated above for NStn , fdov jil ler, 1,, 2005 through •April 1 *6Th 14 follows: • Post Office Box 34i'4 #� • month 5 ••4r r base contracted amount. If snow rerhovaf costa-eaemeed,thenapeclped , Reno, NV 89533 a + i rsY g�s e9' � bl}� �forEthe end of the month, co agrees to •pay ¢n'y e�tlit�dnal dhar tel (776)786:33W' fe1i4iii 'gyp Loader ci $120 /hour, ($120 minimum) LoedbrWiifi Roia'r S gpwblbwerettechmarif fr fax (775) 786 -0790 $ 13.i / hGbd1 ? r )0 minimum); Plow Truck @ $70 /hgUf, 4SO ssi§,khbe c .... flour ($90 mrMm lum) Lapor to ,$47 CAI_'FORNIA OFF {CE -'' 4/0/3 0a xa r�f1'fain onsite Ariy fidiill(({ nfettdw it Iss1.gtetl..wrll b e charged as an extra to the CSL4 821502 cMA yet$ at'f%p following Ile tiaAy l r :' • l P as tOfti ce Box 't020 ;” I I ; '' : i `'" 't Truckee, CA 96160 Semi e rit{Idump 4$85 /hour 'itl C heef Ymp Tnick.@ $76/hour, 950 Loader © $120 /hour, .i 1 -3310 - I . • . • . 'Rental tgulpgrili 1, iE required will be.charged at cost plus 2 „. 415.1A1'S7B7 -1579 ,l y. . • j , Nr :. , , COM :ACCEPTAANC (SP PROPOSAL: The above specifications, conditions and prices are satisfactory . , • sP S ; and ,are Paymentwil [be,made outlined above'...: • • • Signature: Dat4'of r [[ Acceptance: . dpi 1 f n o ' '' ',friliaf alt i'; : '1' . - . , L )' , re , , n E(�Itdt 111i1 ai, ! 7F1 , f n I r' Contractors ar 1 11i it law to be licgn anr�. re pi t [ "" th i l iipi . Rector's State , . License Board. Any questions concerntitg q lg }hYt}y d17e arre>:f tdi'tl4H f'Ze l etear, ' Contractor's State License Board, 983 §gtYfe l i#,, dtrta nidrlt b ( t 9 8S' ailing address: m P. O. Box 26000, Sacraen CA haw <@ ' „ ; ,I,h:Please datemfrd I t1;ho fi :6gpl t .Gm one ok /gma/ signature page to our office. * is Litt1i; 1; ;; :•i`4G jjJ;i .. :4i :•!1f!itit • l M . 1 4/111 1 N. 6 . Ca a 6 i • SNOW REMOVAL PR September 29, 2006F? > ,1 ' Gray's Crossing Jarod Northon PO Box 2537 Truckee, CA 96160 We propose to furnish equipment and labor in accordance with the specifications below for -the ' ' amount as stated. Payment to be made as follows: On a monthly basis pe billing. . ' All work will be completed in a workmanlike'manner according to Aspen Developers Corps standard practices. Any devion f atirorri`standard snow removal practices, end specifications will result in an extra charge beyond the contract amount. Snow from it' se, whether iti slid or was shoveled into snow removal area'secondary moving of snow piles, or additional plowing will result -71� � ini extra charges. The owner and / or tenant is responsible for clearing from and /or staking (10' \ high recommended) objects m tfig area to be plowed, including rock or other pillars planters d transformers, fire hydrants utilifyboxes and other obstacles and determin ng snow storage area.: 1 W Except for ingress and egress da' a an walkways are excluded from snow removal contrac e are not responsible mage sidew lks sidewalks or. any ofiits comnents and appurtenances / • including but not limited to rock pillars planters tight standards or po pavement including subgrade ' ` failure , concrete or asphalt curbs or any ottier'item that will not withstand normal snow removal operations . Aspen Developers Corp will not;be liable for accidents or injuries occurring "before, • �� i 3 during or after snow removal operatlons which do not directly involve its equipment. This proposal is contingent upon strikes accidents or de our control. Employees are covered by Workers' Compensation insurance ' `a Developers Corp AUTI-IORIZED:SIGNATURE: v� '' OFFICER MOTE, This proposal may be (fhdrawn Ifrnot accepted within: thirty (30) days. NEVADA OFFICE A Developers Corp hereby submits a proposalfor snow removal as stated above for NSLe 55756 ■■ November, 1,2006 through April 1 2007 asfollows: . Post Office Box 34145 ' k ` ',' '. '1,2 per month base contracted', amount. If snow removal costs exceed the specified Reno, NV89533 '•, • amount before the end of the month, the contractee agrees to pay any additional charges'as lei (775)786 -3310 fo.. ows ' Il 950 Loader @ $130 /hour, ($130 minimum) • Loader withRry, ota snowblower:attachment @ fax (775) 786 -0790 $230 /hour($230 minimum); Plow . Truck © - $80 /ho ur 420 Backhoe @'$90 /hour 0 m ( $9i n imum) ; Labor. @'$471 /hour. • CAI!FORNIf.. OFFICE �'- S 1 � i :1iVi ��ti d. y i �• 4 �` • : ' ; �,. • Snow is to remain onsite Any of snow, i f requested will' be' c a an extra to the cSL 821502 • co et the following hourly rates 'I '- '} ` '' - :Post, Office Box 4020 ` �` ''` e M n t _ '., . " :Truckee, CA 96160 Semi End DUmp. @ ; $95 /hour 10 Wheel Dump Truck @ $85/hou.r, 950 Loader @ $130 /hour, • tel (530) 587 -3310 : ; - Snow will be stockpiled in designated s now storage easements fax (530)587 -1579 i `,� Sanding or salting ofroads or driveways will not be provided. ASP WWW NDEVS.COM 3, < ACCEPTANC O F PROPOSAL: The above specifications, conditions and prices are satisfactory and are hereby accepted:. Payment will be . made as outlined above „'J `i - • S ignature 4 t Date Acceptance: I P. I O(r 0 4 I , M k - L 1 .. } y . •. Contractors are requ ired by law to b e l ic e nsed T and regulated by the C Y ali f omta - C o k ntractor's State License Board. Any questions con atcontractor may be referred toah Contractor's State License Board `9835 Goethe Road'Secramento, CA' 95827r`Mailing address P' O. Box 26000 S a c ramento ' G A 4,95826.0.:' z, , Pleas date a i fi srgn`:both co Return one original signature page to our office. * r ,v/fl V , 9t- d �\ 10/15/07 Grays Crossing HOA - Jeff Chamberlin PO Box 838 Truckee, CA 96160,; ,f - <.< ` Re: Snow Removal Dear Jeff, • Aspen Developers Corp �-.1� 5t contracted with the Grays Ciossing Homeowners `' Association for snow rerhovel,m Grays Crossing. We recognize the sensitive i `/ / environmental condztioris'that ex ithi ent exist within your developm and will _strive •to maintain the integrity of the ecosystem. ` As such we will adhere fo the following principles • ASPE • Application of degeorii including salt and sand on private streets • and roads in thep'rojeef:area shall be in accordance with the • Developers Corp - Lahontan Basin'Fl shall take place in a careful, well- planned manner, by, competent, trained crews. If an environmentally safe;and`economically feasible de -icer is C NEVADA OFFICE available, it is recommended and encouraged to be used in lieu NSL# 55758 - Of Salt. Post Office Box 34145 '• Snow removed from roads, driveways and parking lots shall be -. Reno, NV 89533 ; stockpiled in a designated area designed to direct allstoCkpifed-.: . tel (775) 786 -3310 snow melt to a proper treatment facility prior to release to fax (775) 786 -0790 overland or concentrated flow. Acceptable facilities`inelude , - . i ;: s, retention basin retention gaf eries,;and mechanleai facilities, CALIFORNIA OFFICE , and each fapility Shrihbe designed usrng Best Available - - cs L #831775 - Technoldgj ( BAT) -tirBest, Cb7nntrol, Techtiology(BCT). Facilities 'Post Office Box4020 ," -i -shall be regi lariy n'1`a to ensure: their effectiveness in 2 Truckee,CA9616o ntain,ri g - 'co stidiments'•is unimpaired. - ,.: ./01:(530) 587-3310 - - - - - . - i k (5 dY587 -1579 If yoti'.liave, questions please feel free to contact me at the numbers listed to t deft NVVW:ASPENDEVS.COM - a3 Sincerely _ Eric Luster " „ Aspen Developers Corp , I • • •- T CSC • • 4141 Ramsey Circle Carson City, Nevada 89706 June 25, 2004 Mr. Rick McConn East West Partners PO Box 2537 Truckee, California 96160 RE: Results of Phase 1 Mitigation Monitoring, Gray's Crossing Project Truckee, California Dear Mr. McConn: CSCON is pleased to provide the results of the Gray's Crossing Phase 1 Mitigation Monitoring surveys. The Town of Truckee placed four mitigation monitoring mitigation monitoring measures on Phase 1 of the Gray's Crossing Project. These measures required determining the presence or absence of three special status plant species, raptor nests and other sensitive bird species, sensitive bat species, and the Sierra Nevada snowshoe hare. These mitigation measures are identified as mitigation measures MM 4.7.4 through MM 4.7.7. CSCON staff used accepted techniques and protocols to determine the presence or absence of the species identified in MM 4.7.4 through MM 4.7.7. Focused surveys were conducted to determine the presence or absence of Plumas ivesia, Donner Pass buckwheat, and Oregon fireweed. The survey did not fmd the presence of these species on the Phase 1 project site. Focused surveys were conducted for raptor nests and the species specific protocol for the northern goshawk were used to determine whether any raptors were nesting on the Phase 1 project area. No raptor nests were found and northern goshawks did not respond to the taped calls identified in the protocol. Focused surveys were conducted for the other species listed, CSCON did not fmd evidence of these species nesting on the Phase 1 project area. Surveys were conducted to determine the presence or absence of bat roosts on the Phase 1 project area. CSCON did not find evidence of sensitive bat species roosts on the Phase 1 project area. CONFIDENTIAL CSCON ©2004 CSC I CakrSctleiderCo er hi e" Focused surveys were conducted to determine the presence or absence of the Sierra Nevada snowshoe hare on the Phase 1 project area. At first, CSCON staff did find evidence of a rabbit or hare occupying a portion of the Phasel project area. After multiple site visits, CSCON staff determined, through visual observation, the presence of the mountain cottontail occurs on the site, not the Sierra Nevada snowshoe hare. If you have any questions regarding this re. ort, please contact me at 775 885 -1944. Sin _ ely, , • /I / c Carter Schleich•r, C.W.B. CONFIDENTIAL CSCON ©2004 CSCI Carter Schleicher Co • 4141 Ramsey Circle Carson City, Nevada 89706 -0550 January 17, 2005 Mr. Rick McConn East West Partners PO Box 2537 Truckee, California 96160 RE: Threatened and Endangered Plant Species and 2004 Phase 1 Vegetation Monitoring Reports Gray's Crossing Project, Truckee, California Dear Mr. McConn: CSCON is pleased to provide the threatened and endangered species and 2004 Phase 1 vegetation monitoring reports for Gray's Crossing. No threatened or endangered plant species were encountered. The 2004 Phase 1 vegetation monitoring is the first year of monitoring. Until the monitoring is completed in 2005, vegetation trends cannot be identified. If you have any questions, please contact me at 775 885 -1944. Sincerely « /' Sc - icher cc: Alicia 011er, AI CONFIDENTIAL • (775) 885 -1944 • ©CSCON 2003 5:P9 - 25 -05 MON 12:01 PM CSCON FAX NO, 775 885 2449 P. 1/ 2 cscoi , Cs1a SeNekk Ca �rO l 4141 Ramsey Circle Carson City, Nevada 89706 April 25, 2005 • Mr. Rick McConn East West Partners PO I3ox 2537 Truckee, California 96160 RE: Results of Mitigation Monitoring, Gray's Crossing Project Truckee, Califomia Dear Mr. McConn: CSCON is pleased to provide the results of the Gray's Crossing Mitigation Monitoring for the area east of California State Highway 89 and north of Interstate 80. The Town of Truckee placed four mitigation monitoring measure on the Gray's Crossing Project. These measures required determining the presence or absence of three special status plant species, raptor nests and other sensitive bird species, sensitive bat species, and the Sierra • Nevada snowshoe hare. These mitigation measures are identified as mitigation measures MM 43.4 through MM 4.73_ CSCON staff used accepted techniques and protocols to determine the presence or absence of the species identified in MM 4.7.4 through MM 4.7.7. Focused surveys were conducted to determine the presence or absence of Plumas ivesia, Donner Pass buckwheat, and Oregon fireweed. The survey did not ford the presence of these species on the project site. Focused surveys were conducted for raptor nests and the species specific protocol for the northern goshawk were used to determine whether any raptors were nesting on the project area. No raptor nests were found and northern goshawks did not respond to the taped calls identified in the protocol. Focused surveys were conducted for the other species listed, CSCON did not find evidence of these species nesting on the project area. A Petterson ultrasonic detector was used to determine whether sensitive bat species occupied the project area. The Petterson ultrasonic detector identified the Mexican free tail and western pipistrelle bats occurring on the project area. These two species are not sensitive bat species. CONFIDENTIAL CSCON 02005 U' U'h MUN I Y: U4 PM CSCON FAX NO. 775 885 2449 P. 2/ 2 Cen S S .0 Focused surveys were conducted to determine the presence or absence of the Sierra Nevada snowshoe hare on the project area. CSCON staff determined, through visual observation, the presence of the mountain cottontail occurs on the site, not the Sierra Nevada snowshoe hare. If you have any questions regarding this report, please contact me at 775 885 -1944. r i( Carter Scer, C.W.B. CONFIDENTIAL CSCON ©2005 25 05 1401! 12:03 PM CSCON FAX N0, 775 885 24449 P. 2 cars R4est \ IL 4141 Rams ey Circle Carson City, Nevada 89706 April 25, 2005 Mr. Rick McConn East West Partners PO Box 2537 Truckee. California 96160 RE: Results of Mitigation Monitoring, Gray's Crossing Project Truckee, California Dear Mr. McConn: CSCON is pleased to provide the results of the Gray's Crossing Mitigation Monitoring for the area east of California State Highway 89 and north of Interstate 0. The Town of Truckee placed four mitigation monitoring measure's on the Gray's Crossing Project. These measures required determining the presence or absence of three special status plant species, raptor nests and other sensitive bird species, sensitive bat species, and the Sierra Nevada snowshoe hare. These mitigation measures are identified as mitigation measures MM 4.7.4 through MM 4.7.7_ CSCON staff used accepted techniques and protocols to determine the presence or absence of the species identified in MM 4.7.4 through MM 4.7.7. Focused surveys were conducted to determine the presence or absence of Plumas ivesia, Donner Pass buckwheat, and Oregon fireweed. The survey did not find the presence of these species on the project site. Focused surveys were conducted for raptor nests and the species specific protocol for the northern goshawk were used to determine whether any raptors were nesting on the project area. No raptor nests were found and northem goshawks did not respond to the taped calls identified in the protocol. Focused surveys were conducted for the other species listed, CSCON did not find evidence of these species nesting on the project area. A Petterson ultrasonic detector was used to determine whether sensitive bat species occupied the project area. The Petterson ultrasonic detector identified the Mexican free tail and. western pipistrelle bats occurring on the project area. These two species are not sensitive bat species. CONFIDENTIAL CSCON 02005 a J5 MUN 12:54 PM CSCON FAX 775 885 2449 F. 2/ 2 CS Ca zscrla'cherc '1 Focused surveys were conducted to determine the presence or absence of the Sierra Nevada snowshoe hare on the project area. CSCON staff determined, through visual observation, the presence of the mountain cottontail occurs on the site, not the Sierra Nevada snowshoe hare. If you have any questions regarding this report, please contact me at 775 885 -1944. a ccr11 ` 4 ) Carter Schle cher, C.W.B. CONFIDENTIAL CSCON ©2005 AUD : UBON: • . INTERNATIONAL, • Audub Program m_ AudubonJnter_national - - , - Headquarters... • 46. Phone: Fax 51 &767 - 9076 -: September 12, 2007 • ea ,.audubonmlerhalional.org - - . Aud c Mr Joel'Blaker CGCS • S Programs . - Director of Agronomy - 46 Ra Road ., .... ' The Golf Club at Gray's Cro , Selkirk NY 12158 ...: - . O Box 2387 ` . Phone: 518-767 -9051 - - _ • Fax 518 -767 9076: Truckee, CA' 96160 - . , Re Certified Gold Audubon International Signature Sanctuary , . - "Audubon Signature - - - • Programs. .: Dear Joel .. 230 Second Street .. - - . .... . , Henderson; 1(Y 4240 ' It is with great pleasure .that I inform you that The'Golf Club at Gray's z70- 869 Crossing has:been officially designated as a Certified Gold 494 bon " 70-86 - - - ., International Signature Sanctuary - Congratulations on a project which gives protection,to the natural resources of the A udubon society of state of California by successfully integrating an ecosystem approach to. design, New York slate `construction° g p • y.' 45 r R oad , and many ement of the develo went. The Golf.Club,aE Gra : s' Selkirk, NY 1 -' :' -Crossing joins International's family of environmentally. sensitive , • Phone: 518,767 -9051 properties' around the. w orld demonstrating :a comnntnient- to sustainable - Pa: development. ' ' Congratulations on"the certification? - Sincerely, Nancy E. Richardson, Director . Signature Programs . N a lyd natural communities..', an8 persons :one et a time Printed on rei}xlea „p„ : Fostering more sustainable human. p - - 111 CERTIFICATE OF ACHIEVEMENT Be It Known That THE AUDUBON INTERNATIONAL SIGNATURE SANCTUARY PROGRAM Recognizes T HE GOLF CLUB AT GRAY'S CROSSING as a CERTIFIED GOLD AUDUBON INTERNATIONAL, SIGNATURE SANCTUARY September 12, 2007 17 a4e€S Nancy E. Richardson; Director Signature Programs cea wassea■ 1■3 y. ?. Y -7 e CSCON 4141 Ramsey Circle Carson City, Nevada 89706 June 6, 2007 Mr. Richard Wagner East West Partners PO Box 2537 Truckee, California 96160 RE: Results of 2007 Monitoring Surveys, Gray's Crossing Project Truckee, California • Dear Mr. McConn: CSCON is pleased to provide the results of the 2007 monitoring, east of California State Highway 89 and north of Interstate 80, for the portions to be graded this year. Specifically, the area was south of Prosser Dam Road, north of Interstate 80, and between State Highway 89 and the graded golf course to the east and a half mile of the proposed disturbance. The Town of Truckee placed mitigation monitoring measures on the Gray's Crossing Project. Specifically, four of these measures required determining the presence or absence of three special status plant species, raptor nests and other sensitive bird, species, sensitive bat species, and the Sierra Nevada snowshoe hare. These mitigation measures are identified as mitigation measures MM 4.7.4 through MM 4.7.7. CSCON staff used accepted techniques and protocols to determine the presence or absence of the species identified in MM 4.7.4 through MM 4.7.7. Focused surveys were conducted to determine the presence or absence of Plumas ivesia, Donner Pass buckwheat, and Oregon fireweed. The survey did not find the presence of these species on the project site. Surveys for nesting raptors were performed at the southern portion of the Gray's Crossing project area within 0.5 miles of the proposed disturbance. Calls of the northern goshawk, Cooper's hawk, and red - tailed hawk were broadcast at approximately 200 meter intervals along transects spaced approximately 250 meters apart. Surveys were performed April 1; 9, and 20. No nesting raptors were detected. A single raptor pellet was found in the easternmost portion of the survey area, but no other signs (e.g., nest structures, prey remains, feathers) were noted in the survey area. No other breeding birds were found. Snowshoe hare surveys began at dusk and continued for several hours after dark. After sunset, N the surveys were performed using a headlight to scan the area in front of the biologist for a CONFIDENTIAL CSCON ©2007 M distance of approximately 100 feet. The surveys consisted of walking multiple meandering transects spaced approximately 60 feet apart. The survey area consisted of the Gray's Crossing project area within 0.5 miles of the proposed disturbance. Surveys were performed April 9 and 20. No snowshoe hares were detected. A single mountain cottontail was seen in the easternmost portion of the survey area. This area had evidence of rabbit browsing and some scat. The Town of Truckee placed mitigation monitoring measures on the Gray's Crossing Project, specifically; MM 4.7.6 requires determining the presence or absence of sensitive bat species. The sensitive bat species include long -eared myotis, fringed myotis, long - legged myotis, Yuma myotis, and Pale Townsend's big -eared bat External acoustic surveys using Pettersson ultrasonic detectors (model D240X) were conducted in the portion of the Gray's Crossing project area located south of Prosser Dam Road, east of State Route 89, and north of Interstate 80. Recorders were placed at dusk and allowed to operate throughout the night to sample the temporal activity of bats. Detectors were placed in both disturbed (e.g., near clear cuts and construction activities) and undisturbed (e.g., interior forest) locations. Acoustic surveys were conducted April 20, and 21 and May 19 and 20, 2007. No bat calls were recorded in April. Four tapes were generated during the May surveys. The recordings were analyzed with SonoBatTM software to identify species and to determine whether special status bats use the project area. SonoBat extracts individual calls from recordings made by the fl Pettersson recorders, produces a sonogram of the call, and allows comparison with samples from known species. Using these detectors is cost effective and allows a thorough assessment of bats without the necessity of capturing bats (e.gl, mist netting). One species was positively identified: western pipistrelle (Pipistrellus hesperus). Three calls could not be identified. All three could be Myotis species. In 2006, the detectors confirmed the presence of a foraging Yuma myotis, a special status bat species, in the project area. MM 4.7.6 requires certain actions if special status bat species roost on site. However, the detectors can not provide information as to whether this species roosts on site. The project site does not contain cohimon bat roosting habitat (i.e. old barns and caves). Field observations did not detect any roost's. Therefore, it is very likely that the Yuma myotis is roosting outside any disturbed areas. I If you have any questions regarding this report, please contact me at 775 885 -1944. Sincerely, 1 Carter Schleicher, C.W.B. 1110111 CONFIDENTIAL CSCON ©2007 M pipistrelle, little brown bat, and Yuma myotis as occurring on the project area. Recordings from the big brown bat were numerous while recordings from the other species were a few. Of these species, the Yuma myotis is a sensitive bat species. The mitigation measure requires notification to the Town of Truckee; U.S. Fish and Wildlife Service and /or California Department of Fish and Game. CSCON recommends notifying California Department of Fish and Game. CSCON further recommends that the Petterson ultrasonic detectors be placed in the project site this spring and determine whether the Yuma myotis or other sensitive bat species are occurring on the site this spring. If not, grading could commence. If they do occur, then negotiations California Department of Fish and Game would occur to determine areas that could be graded this year. Focused surveys were conducted to determine the presence or absence of the Sierra Nevada snowshoe hare on the project area. CSCON staff determined, through visual observation, the presence of the mountain cottontail occurs on the site, not the Sierra Nevada snowshoe hare. If you have any questions regarding this report, please contact me at 775 885 -1944. Sincerely, Carter Schleicher, C.W.B. Cc: Town of Truckee Jeff Finn, California Department of Fish and Game M CONFIDENTIAL CSCON ©2006 CSCI ; « 29 Carter Schleicher Co Ailing _ " .„ ■ 4141 Ramsey Circle Carson City, Nevada 89706 -0550 January 17, 2005 Mr. Rick McConn East West Partners PO Box 2537 Truckee, California 96160 RE: Threatened and Endangered Plant Species and 2004 Phase 1 Vegetation Monitoring Reports Gray's Crossing Project, Truckee, California Dear Mr. McConn: CSCON is pleased to provide the threatened and endangered species and 2004 Phase 1 vegetation monitoring reports for Gray's Crossing. No threatened or endangered plant species were encountered. The 2004 Phase 1 vegetation monitoring is the first year of monitoring. Until the monitoring is completed in 2005, vegetation trends cannot be identified. If you have any questions, please contact me at 775 885 -1944. Sincerely (7 ter Sc -icher cc: Alicia 011er, AI CONFIDENTIAL • (775) 885 -1944 • ©CSCON 2003 (1 q-7 CSCON 4141 Ramsey Circle Carson City, Nevada 89706 April 4, 2006 Mr. Rick McConn East West Partners PO Box 2537 Truckee, California 96160 RE: Results of Mitigation Monitoring, Gray's Crossing Project Truckee, California Dear Mr. McConn: CSCON is pleased to provide the results of the Gray's Crossing Mitigation Monitoring for the area east of California State Highway 89 and north of Interstate 80. The Town of Truckee placed mitigation monitoring measures on the Gray's Crossing Project. Specifically, four of these measures required determining the presence or absence of three special status plant species, raptor nests and other sensitive bird species, sensitive bat species, and the Sierra Nevada snowshoe hare. These mitigation measures are identified as mitigation measures MM 4.7.4 through MM 4.7.7. CSCON staff used accepted techniques and protocols to determine the presence or absence of the species identified in MM 4.7.4 through MM 4.7.7. Focused surveys were conducted to determine the presence or absence of Plumas ivesia, Donner Pass buckwheat, and Oregon fireweed. The survey did not find the presence of these species on the project site. Focused surveys were conducted for raptor nests, none were located. In the past, CSCON utilized the northern goshawk protocol to determine the presence of northern goshawk on the project site. Based upon protocol surveys, it was determined that northern goshawk did not occupy the project site. The marginal northern goshawk habitat has been modified by forest fuel reduction and grading for the project. Since there is no longer marginal northern goshawk habitat on the site, a protocol survey was not conducted. Focused surveys were conducted for the other species listed, CSCON did not find evidence of these species nesting on the project area. A Petterson ultrasonic detector was used to determine whether sensitive bat species occupied the project area. The Petterson ultrasonic detector identified the presence of big brown bat, western CONFIDENTIAL CSCON ©2006 Oct 25 2005 12:51 EcaSynthesis Scientific 530 -582 - 5882 p.l Ec_o Synthesis SCIENTIFIC & REGULATORY SERVICES October 3, 2005 Andrea Jones Regulatory Section U. S. Army Corps of Engineers 1325 J Street, Room 1480 Sacramento, CA 95814 Subject Revised Wetland Delineation and Request for Verification for Gray's Crossing Project Site, Town of Truckee Dear Ms. Jones, This submittal finally provides the items requested in your e-mail of July 14, 2005: additional data points and map revisions as specified in your e-mail. There are no substantive modifications to the wetland delineation report except for the addition of a sentence referring to the new data points. Please let me know if you need a new bound copy of the report as a whole. In late July, I studied eight additional data points in the vicinity of Highway 89 and Alder Drive. Data sheets for these data points are enclosed. These revealed that there were indeed two additional jurisdictional swales in this area, but confirmed that the mapping north of Alder Drive was correct. Locations of the new data points (NW -3 through NW -10) are shown on the map. I also made the requested revision to the status of the tributary that runs along the south side of Prosser Drive. It was already shown as potential waters of the state, now shown as federal waters all the way upslope to the property boundary. Accordingly, I believe that the enclosed map (revision date September 9, 2005) reflects the wetlands and other jurisdictional waters verified by you during your July site visit. If so, please confirm this by providing a verification letter. (Or, if not, please let me know what else needs to be addressed.) The project design may entail some very small areas of fill for road and /or utility crossings, and we expect to prepare any necessary nationwide permit submittals shortly. Thanlcs for your attention, and please do not hesitate to contact me by e-mail or other means (ajuncosa @ecosynthesis.com; 530- 582 -6812) if you need anything else. Sincerely, Adrian Juncosa, Ph.D. Senior Ecologist 16173 Lancaster Place, Truckee, CA 96161 • Telephone: 530.582,5312 • Fax: 530.582 5882 • •Hww.ecosynthesis.coru • Y.7 S6 v o DEPARTMENT OF THE ARMY teriNY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO !oi WIT", CORPS OF ENGINEERS \ 1325 J STREET SACRAMENTO. CALIFORNIA 95814-292. s � +rzs o� REPLY TO ATTENTION OF July 5. 2006 Regulatory Branch (200400901) Jared Northon Tahoe Mountain Resorts P.O. Box 2537 Truckee, California 96160 -2537 Dear Mr. Northon: We are responding to your February 13, 2006 request for a Department of the Army permit for the Gray's Crossing project'. This approximately 0.5 -acre project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a golf cart bridge. The site is located on an unnamed tributary to the Truckee River in Section 3 and 11 of Township 17 North, Range 16 East, MDB &M. Latitude 039° 21' 8.86 ", Longitude 120 10' 4.16 ", Nevada County, California. Based on the information you provided, the proposed activity in approximately 0.011 acres of streambed is authorized by Nationwide Permit (NWP) Number 14 for Linear • Transportation Projects. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the following special conditions: 1. To mitigate for the loss of 0.011 acres of riverine aquatic bcd, you shall submit a check to this office in the amount of 51,210.00 payable to the National Fish and Wildlife Foundation (NFWF). Prior to proceeding with any activity otherwise authorized by this permit, you must receive written notification from the Corps that the check has been deposited in NFWF's South Pacific Wetlands Account. 2. You shall design and construct all crossings of waters of the United States to retain a natural substrate, and to accommodate all reasonably foreseeable wildlife passage and expected high flows. Specific detailed plans for these crossings shall be submitted to and approved by the Corps of Engineers prior to implementation. 3. To document pre and post - project construction conditions, you shall submit pre- construction photos of the project site prior to project implementation and post - construction photos of the project site within 30 days after project completion. 4. You must allow r. .;sentatives from the Corps of Engineers to inspect the authorized activity and any mitigation, preservation, or avoidance areas at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 5. Al] terms and conditions of the June 3, 2005 Section 401 Water Quality Certification are expressly incorporated as conditions of this permit. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. This verification is valid until the NWP is modified, reissued_ or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are ' under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please refer to identification number 200400901 in any correspondence concerning this project. If you have any questions, please contact Andrea Jones at our Sacramento Valley Office, 1325 J Street, Room 1480, Sacramento, California 95814 -2922, email Andrea.JJones @usace.army.n:il, or telephone 916 -557 -7745. You may also use our website: www. spk. usace.arn:y.mil /regulatory.htmL Sincerely, Thomas J. Cavanaugh Chief, Sacramento Valley Office Enclosure Copy furnished without enclosure: :u. -7\drian Juucosa, EcoSynthesis, 16173 Lancaster Plate, Truckee, California 96161 -1622 John Short, California Regional Water Quality Control Board, Lahontan Region, 2501 Lake Tahoe Boulevard, South Lake Tahoe, California 96150 -7747 Terry Roscoe, California Department of Fish and Game Region 2, 1701 Nimbus Drive, Rancho Cordova, California 95670 -4599 U.S. Fish and Wildlife Service, Wetlands Branch, 2800 Cottage Way, Suite W2605, Sacramento, California 95825 -3901 U.S. Fish and Wildlife Service, Endangered Species Division, 2800 Cottage Way, Suite W2605, Sacramento, California 95825 -3901 Rodney R. McInnis, Acting Regional Administrator, National Marine Fisheries Service, 650 Capitol Mall, Suite 8 -300, Sacramento, California 95814-4706 • ,¢ ?' T O !' DEPARTMENT OF THE ARMY r< ��. . �, U.S. ARMY ENGINEER DISTRICT, SACRAMENTO '� ) CORPS OF ENGINEERS 1325 J STREET ?. _.. �♦; SACRAMENTO, CALIFORNIA 95814 -2922 r +rts aa.' REPLY TO ATTENTION OF July 5. 2006 Regulatory Branch (200400901) Jared A. Northon Gray's Crossing, LLC 10164 Donner Pass Road, Suite 3 Truckee, California 96161 -0383 Dear Mr. Northon: We are responding to your consultant's request for an approved jurisdictional determination for the Gray's Crossing site. This approximately 800 -acre site is located on an unnamed tributary to the Trukee River in Sections 3 and 11 of Township 17 North, Range 16 East, MDB &M, Latitude 039° 21' 8.86 ", Longitude 120° 10' 4.16 ". Nevada County, California. Based on available information, we concur with the estimate of waters of the United States, as depicted on the September 17, 2004, "Jurisdictional Wetlands & Other Waters" drawing prepared by EcoSynthesis. Approximately 6.62 acres of waters of the United States, including wetlands, are present within the survey area. These waters are regulated under Section 404 of the Clean Water Act since they are tributary to the Truckee River. The Truckee River is an interstate river and is therefore considered to be a water of the United States. This verification is valid for five years from the date of this letter, unless new information warrants revision of the determination before the expiration date. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request, for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Pacific Division Office at the following address: Doug Pomeroy, Administrative Appeal Review Officer, Army Corps of Engineers, South Pacific Division, CESPD- PDS -O, 333 Market Street, Room 923, San Francisco, California 94105 -2195, Telephone: 415 -977 -8035 FAX: 415- 977 -8129 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 4, 2006. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this letter. • You should provide :opy of this letter and notice to alllother affected parties, including any individual w :o has an identifiable and substantial legal interest in the property. This determination has been conducted to identify the limits of Corps of Engineers' Clean Water Act jurisdiction for the particular site identified in this request. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Please refer to identification number 200400901 in any correspondence concerning this project. If you have any questions, please contact Andrea Jones at our Sacramento Valley Office, 1325 J Street, Room 1480, Sacramento, California 95814 -2922, email Andrea.J.Jones @usace.mn v.mil, or telephone 916 -557 -7745. You may also use our website: www. spk. usace.armv.mil /regulatoty.html. Sincerely. Thomas J. Cavanaugh Chief, Sacramento Valley Office Enclosure Copy furnished without enclosure: f Adrien Juncosa, Ecosynthesis, 16173 Lancaster Place, Truckee, California 96161 -1622 John Short, California Regional Water Quality Control Board, Lahontan Region, 2501 Lake Tahoe Boulevard, South Lake Tahoe, California 96150 -7747 U.S. Fish and Wildlife Service, Wetlands Branch, 2800 Cottage Way, Suite W2605. Sacramento, California 95825 -3901 U.S Fish and Wildlife Service, Endangered Species Division, 2800 Cottage Way, Suite W2605. Sacramento, California 95825 -3901 Eco:Syitthes_is SCIENTIFIC & REGULATORY SERVICES February 6, 2006 Andrea Jones U. S. Army Corps of Engineers, Sacramento District Regulatory Branch 1325 J Street, Room 1480 Sacramento, CA 95814 - 2922 Subject: Gray's Crossing Request for Authorization Under NWP 39 Dear Ms. Jones, On the basis of the enclosed materials, the project owner, East West Partners, requests authorization to place fill (wooden pilings) in waters of the U. S. under nationwide permit 39. The total area of fill combined will be less than 500 square feet (0.011 acre). Impact will occur almost exclusively in non - wetland waters (ephemeral tributaries), with only four one -foot diameter pilings within a wetland area. Since the area of impact is less than 0.1 acre, and no special aquatic sites will be significantly affected, we are uncertain if formal notification (PCN) is required. Nevertheless, the enclosed materials include essentially all of the elements of a PCN. A revised wetland delineation was provided on October 13, 2005. Although the NWP issuance order states that impacts on ephemeral waters of less than the 0.1 acre that triggers the PCN condition does not ordinarily require mitigation, the owner intends to restore 700 -1,200 square feet of presently degraded wetlands and tributary where a pre - existing dirt road crosses the aquatic system. Restoration specifications are enclosed. Please do not hesitate to contact me if you have any questions or need any additional information. Siin Adrian Juncosa Senior Ecologist ..173 L.ancastet Plane. Truckee. CA 96161 Telephone. 530 -557 6812 Fax• 530.582 5SS2 ems., ecosv ;.he.n coel E.coS_y_nthesis • SCIENTIFIC & REGULATORY SERVICES NATIONWIDE PERMIT 39 COMPLIANCE SUMMARY Corps Project Number: Project Name: Gray's Crossing Technical Contact: Adrian Juncosa E -mail: ajuncosaOecosynthesis.com EcoSynthesis Scientific & Regulatory Services 16173 Lancaster Place Truckee, CA 96161 Telephone: 530- 582 -6812 Owner Contact: Attn. Jared Northon Tahoe Mountain Resorts P. O. Box 2537 Truckee, CA 96160 Telephone: 530 -550 -7035 Compliance with Permit Conditions NWP 39 PROVISIONS The project is to construct an integrated residential and commercial development; the specific elements for which the fills are required are wooden pilings that will support road spans and raised walkway /golf cart paths, with a maximum total area of fill of approximately 0.011 acre in non - wetland waters, with four or fewer of the pilings to be placed within a delineated wetland area. GENERAL CONDITIONS 1. Navigation. The project will have no effect on navigable waters. 2. Maintenance. In order for the golf course to be used safely, the structures (cart paths) will be observed and maintained constantly. 3. Erosion and sediment controls. Construction work will be carried out within the strict provisions applied to the Truckee River watershed by the Lahontan Regional Water Quality Control Board. These provide for a limited construction season (May 1 through October 15); installation, monitoring, and repair of silt fences and /or fiber rolls; and post - disturbance hydroseeding and monitoring. 4. Aquatic life movements. No known aquatic life migrates through the project area; such movement would not be impeded by the proposed project (golf cart paths on pilings). 16173 Lancaster Place. Truckee, CA 96161 • Telephone: 530.582-6817 - Fax: 530 582.5882 • www.ecosvnthesrs. corn EcoSynthesis SCIENTIFIC & REGULATORY SERVICES 5. Equipment. Heavy equipment will be operated within wetlands only within a presently unvegetated dirt road crossing, for the sole purpose of restoring wetland function to this area. 6. Regional conditions. No histosols or fens will be affected. The project is not within the Lake Tahoe basin. No other regional conditions apply to the area where the project is Located. 7. Wild and scenic rivers. The affected waters are unnamed ephemeral tributaries, neither designated nor under study for designation as Wild and Scenic River. 8. Tribal rights. The project will not affect any tribal rights, including water, fishing, or hunting rights. 9. Water quality. The project owner will submit application for water quality certification to Lahontan Regional Water Quality Control Board, and will obtain such certification prior to initiating construction. 10. Coastal zone management. The project does not lie within the coastal zone. 11. Endangered species. The Town of Truckee has certified a Final EIR for the project, which found that no occurrences of threatened or endangered species, or of critical habitat therefor, are found within the project site, and that the project will not result in off -site adverse impacts upon any listed species. 12. Historic properties. The project will not affect historic properties listed or eligible for listing in the National Register of Historic Places. Additional information and discussion is provided in the Final EIR. 13. Notification. The project will affect less than 0.1 acre of jurisdictional ephemeral tributaries and will not result in the loss of more than 300 lineal feet of stream (in fact, zero). Accordingly, formal pre - construction notification (PCN) is not required. Nevertheless, this package and previous submittals (revised wetland delineation report and map) provide all of the information that would normally be required for a PCN. 14. Compliance certification. Certification of completion of the project and mitigation will be provided no later than November 1, 2006. (Project is to be built during May - October 2006.) 15. Multiple NWPs. The project relies primarily upon NWP 39, although the features could be considered to be linear transportation features covered by NWP 14. If the Corps considers that no mitigation is required for the impacts, then the restoration action, which will be undertaken anyway, would be authorized under NWP 27. 16. Water supply intakes. No water supply intake is located near the impact area. 17. Shellfish beds. No shellfish beds are located in the project site. 18. Suitable material. Wooden pilings to be utilized for the golf cart paths will be composed of suitable new construction materials and will not contain toxic pollutants in toxic amounts. Gray's Crossing NWP Compliance 3 EcoSynthesis SCIENTIFIC& REGULATORY SERVICES 19. Mitigation. Since the total amount of fill is less than 500 square feet (0.011 acre) and no special aquatic sites will be affected, neither a PCN nor compensatory mitigation is required by the current (January 15, 2002) NWP permit conditions, except at the District Engineer's discretion. Nevertheless, the project owner intends to implement mitigation in the form of restoration of a portion of the tributary - wetland - floodplain system. The location of the crossings and restoration site are shown on the accompanying map. Mitigation will be implemented in the form of restoration of 700 -1,200 square feet of presently degraded wetland and associated floodplain and /or ephemeral waters. Restoration specifications are provided in a separate document (attached). 20. Spawning areas. No spawning areas occur within the project area. 21. Water flows. The project is intended not to alter water flows in the ephemeral drainage system; this is the rationale for selecting pilings rather than culvert -and -fill crossing structures. 22. Adverse effects from impoundments. No impoundments will be created. 23. Waterfowl breeding areas. No migratory waterfowl breed in the project site. Eco:S_ynthesis • SCIENTIFIC & REGULATORY SERVICES GRAY'S CROSSING PROJECT TRIBUTARY AND FLOODPLAIN RESTORATION Background The restoration site is located where a long- standing existing dirt road crosses the tributary. The present owner has taken steps to prevent use of this road by vehicles, but the road probably still results in adverse impacts on the tributary and downstream waters in two ways: - stormwater runoff that flows directly downslope in the compacted road bed erodes sediment from the disturbed and compacted dirt surface and contributes it directly to downstream waters; and - vegetation within the tributary and adjacent floodplain wetland has been destroyed by prior off - highway vehicle use, eliminating its sediment - stabilizing functions and allowing for erosion of the tributary bed itself during higher flows. The dirt road bed is highly compacted and has lost at least some of the meager amount of organic matter that is found in soils in the Eastside Pine — Bitterbrush Scrub environment of the project site. Therefore, natural ecological succession into stable native vegetation is likely to take many years, possibly many decades. The area of destroyed wetland vegetation and degraded tributary surface is approximately 700 -1,200 square feet (sf). Active restoration of this site is appropriate, beneficial to regional aquatic resources, and will mitigate the adverse impacts of up to 500 sf of pilings to be placed for the golf cart crossings. Feasibility We have designed and implemented similar restoration to improve tributary and floodplain function and to establish native vegetation in a similar system approximately 0.5 mile away from the Gray's Crossing project. This restoration was so successful that the restored areas are almost indistinguishable from adjoining undisturbed wetland and floodplain after only two seasons of growth. This restoration was aesthetically and ecologically successful for the following reasons: 1. Soils were disturbed as little as possible beyond the minimum that was necessary to match topography to the undisturbed natural system; 2. Materials (rock) native to the site was employed rather than imported crushed gravel; 3. Restoration was closely supervised by the ecologist who developed the specifications; ic173 Lancaster Place, Truckee, CA 9616i - Telephone. 530.582.6812 • Fax. 530.582.5882 . v,wsv_ecossaithesls corn EcoSynthesis SCIENTIFIC & REGULATORY SERVICES 4. Erosion and sediment controls were designed to function both under very low and very high flow conditions and were rigorously applied, both to protect water quality and to preserve the applied seed; 5. The hydroseed mix was carefully specified to be appropriate for this specific ecological system; and 6. Upstream seed sources contributed additional wetland species to the restoration site that are not commercially available. All of these factors apply to the present proposal as well. Accordingly, we are entirely confident that the present proposal is feasible and will be successful in improving the function of the degraded road crossing. Restoration Specifications Restoration is intended to remedy the following undesirable characteristics of the dirt road crossing: • The road alignment creates an unstabilized drainage course running obliquely • downslope toward the tributary system; • Road surfaces are compacted and the soils degraded; and • Vegetation is absent from the road surface. Because the topographic modifications will be on the order of a few tenths of a foot, it is not feasible to specify them solely on graphic construction plans. Similarly, written specifications (which follow) are usually not well implemented in the absence of continual field interaction between the construction crew and restoration specialist. Providing for such supervision is the most important single factor in restoration success. 1. Undertake restoration grading with the on -site participation of a restoration specialist familiar with creation of habitat in arid Sierra settings. 2. Begin restoration after the soil surfaces have dried thoroughly and are firm enough to support construction equipment (small excavator, loader, and dumptruck). Thus, the implementation period for restoration will probably begin well after May 1. 3. Rip the dirt road to a depth of approximately 8 -12 inches for a distance of at least 30 -50 feet upslope from the edge of the delineated water of the U. S. 4. Place backfill derived from topsoil (uppermost 0.5 foot of existing soil profile) salvaged from other excavation, and amended with organic material as judged appropriate by the restoration specialist, to feather the restored dirt road area into the surrounding sloped soil surface, and create oblique rolling dips 0.3 to 0.5 ft high, every 201ineal ft on average. 5. Install long -term rill blocks in the form of loose organic material (wood chips, chipped slash, and /or pine needles) at 10 foot intervals along the edge of the ripped and crowned road surface, durably held in place by staked or stapled coir netting (Rolanka BioDMat 700 or Bonterra CF7®; no other alternatives). Gray's Crossing Restoration 2 EcoSynthesis SCIENTIFIC& REGULATORY SERVICES 6. Install temporary sediment control at the edge of the ephemeral tributary. Acceptable means include silt fence strengthened with 2x4 inch field fencing or silt fence with fiber rolls on the downhill side. Curve ends of sediment control upwards and stake securely. 7. Rip any portions of the dirt road that lie within the floodplain, but outside the • ordinary high water mark, to a depth of 8 -12 inches. Do not rip road surface within the delineated tributary. Smooth any ruts or sediment piles adjacent to or within the tributary limits to match the surrounding topography. This regrading must be subtle and will probably need to be achieved by hand labor. A loader or excavator may be used if deemed necessary by the supervising restorationist to remove excess material. 8. If available, apply a thin layer of small (1/2 to 2 inch) clean rock derived from the project site to cover disturbed soil within the tributary and floodplain limits, but only if this can be achieved without raising the restored surface above the surrounding undisturbed tributary /wetland /floodplain. (Excess rock may alter flow patterns and result in new erosion.) Do not place rock on vegetated areas; only in the traveled surface of the dirt road. Do not use crushed drain rock or alluvial material not derived from the present project site. The disturbed area within the tributary should remain slightly depressed, to allow for natural accumulation of suitable sediment (sand and small gravel) by normal fluvial processes. 9. Hydroseed in first pass without mulch, wetting the soil surface. For this particular site, it is appropriate to seed with separate mixes for the restored road bed on the hill side and for the floodplain /tributary area (including road disturbance that was not graded). Purchase seed unmixed with analysis tags or sheets for each lot. Reject lots that contain any noxious weeds or with more than 0.2 percent weed content. Depending upon available materials, planting and erosion control for the dirt road restoration may be modified to incorporate additional highly desirable native species. Specifically, if mats or large plugs of Carex rossii (native dry land sedge, abundant in Eastside Pine — Sagebrush — Bitterbrush habitat) become available at the time the restoration is being implemented, these would be employed to create rill breaks or even to revegetate the entire restored road area. • 10. Complete second pass (hydraulic mulch) before soil dries. Mulch shall be bonded fiber matrix (BEM); examples include EcoAegis®, Soil Guard® or equivalent, applied per manufacturer's recommendation (estimated amount 3,200 lbs /acre). 11. Place barrier of Large rocks or logs to inhibit vehicle use of restored area. Cray's Crossing Restoration EcoSynthesis SCIENTIFIC& REGULATORY SERVICES Table 1. Seed mix for restored road bed Scientific Name Common Name Quantity (lbs /acre pure live seed) Artentisia tridentate ssp. vaseyana mountain sagebrush 5 (other sspp. not acceptable; omit if ssp. vaseyana is not available) Achnatherum occidentalis needlegrass 15 Brontus carnmttrs mountain brome 10 Festucn ovine Durar hard fescue 20 Elynnrs elyrnoides Squirreltail grass 20 Lupinus lepidus dwarf lupine 4 Astraga/us prrshianus milk vetch (if available) 1 Eriogonum untbellatum sulfur buckwheat 1 Purshia tridentata bitterbrush 5 Penstemon speciosus penstemon 1 Mycorrhizal inoculum mfr's rate Table 2. Seed mix for restored disturbance in floodplain and tributary Consult with restoration specialist for substitutions or wild - collected supplies in case some species are not available. Scientific Name Common Name Quantity (lbs /acre pure live seed) Agrostis scabra rough bent grass 10 Danthonia californica California oat grass 6 Deschampsia dantlronioides annual hair grass 15 Hordeum brachyantherum meadow barley 10 Juncus balticus or con_liisus Baltic or wild rush 10 Lotus purshianus lotus 2 Penstemon njdbergii Rydberg's penstemon 1 Pon secunda ssp. juncifolia rush - leaved blue grass 15 Trifolium longipes clover 4 Mycorrhizal inoculum mfr's rate Gray's Crossing Restoration 4 EcoSynthesis SCIENTIFIC& REGULATORY SERVICES Success Criteria Restoration will be judged successful if erosion - controlling cover is at least 70 percent of that of suitable reference sites in similar habitats on site. Erosion - controlling cover includes plant aerial cover, rocks larger than 2 cm, and persisting temporary erosion control materials (applicable during year 1 only). Monitoring Monitor temporary erosion and sediment control BMPs concurrently with regular monitoring of construction BMPs (thus, weekly during the construction season and monthly, if not completely buried in snow, during the period October 15 to May 1, with additional monitoring within 24 hours of significant rainfall). Monitor revegetated areas annually during the growing season in years 1, 3, and 5 following restoration; monitoring may occur anytime between June 1 and August 31. Monitor cover by means of the step -point method described by Evans and Love (1957; Journal of Range Management 10:208); in addition, survey restored area by means of meandering transects and record all species encountered. Gray's Crossing Restoration 5 Sit 7.8 el Eco S v itihes S SCIENTIFIC & REGULATORY SERVICES February 16, 2006 California Department of Fish and Game Stream and Lakebed Alteration Program 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670 Subject: Application for Section 1602 Streambed Alteration Agreement Gray's Crossing Project (Truckee) To Whom It May Concern, The enclosed notification includes all materials that we believe are needed to permit a thorough evaluation of the Owner's request for a strearnbed alteration agreement for the subject property. The CEQA project is an integrated residential - commercial - recreational project with several crossings of ephemeral and intermittent tributaries. Due to the similarity of the various 1602 projects, we believe it is most efficient for the Department to receive one comprehensive notification, with appropriate fees included for each crossing project, rather than many nearly identical notifications. The project has been designed to minimize impacts on tributaries by utilizing elevated roadways and walkways supported by timber pilings, rather than the more common culvert- and -fill approach. This submittal contains the following materials: • Notification form and check for application fee (total of $5,450 for all projects) • Location map • Questionnaire • Combined map of wetland delineation, impacts, and restoration site • Construction plans for crossings with typical photographs attached • Restoration specifications ▪ Draft EIR on CD -ROM (Final EIR has been certified by Town of Truckee; not available on CD) ▪ Notice of determination ▪ Copy of submittal to U. S. Army Corps of Engineers for NWP authorization Please do not hesitate to contact me at 530- 582 -6812 or ajuncosa@ecosynthesis.com if you have any questions or need any additional information. Sincerely, Adrian Juncosa Senior Ecologist For Department Use Only Notification Number: Date Received Date Completed F .closed? ❑ Yes $ ❑ No Action Taken/Notes STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME NOTIFICATION OF LAKE OR STREAMBED ALTERATION All fields must be completed unless otherwise indicated. (See enclosures for instructions.) Notification Type ❑ Timber Harvesting Plan (No. ) ❑ Water Application (No. ❑ Commercial Gravel Extraction (No. ) ® Other Application Information Name Address Telephone/FAX Applicant: Jared Northon P. O. Box 2537 Business: (530) 550 -7035 East West Partners Truckee, CA 96160 Fax: (530) 587 -7905 ttor: same Business: Fax: :ontractor: not known Business: if known) Fax: :ontactPerson: AdrianJuncosa Business:(530) 582 -6812 if not applicant) Fax: (530) 482 -5882 'roperty Owner: East West Partners 10164 Donner Pass Rd, Suite 3 Business: (530) 550 -7035 Truckee, CA 96161 Fax: (530) 587 -7905 Project Location ,ocation Description: Town of Truckee; east of Highway 89 North, north of Interstate 80 County Assessor's Parcel Number levada 19- 370 -07 and -17 through - 26;19- 410- 09,- 12, -19, -21,24 USGS Map Township Range Section Latitude/Longitude ruckee 17 North 16 East 1, 2, 1 N 39 21' 45" W 120 ° 19' 30" of River, Stream, or Lake; Unnamed tributary ributary To? Prosser Creek; thence to Truckee River NOTIFICATION OF LAKE OR STREAMBED ALTERATION (Continued) ,Name of Applicant: Jared Northon (East West Partners) Project Description Project Gray's Crossing Name: Start Date: after May Completion October 1, Project S see Number of Stream Encroachments: 15, 2006 Date: 2006 Cost: attached (Timber Harvesting Plans Only) Describe project below: (Attach separate pages if necessary) See site and project description on attached page. ® Continued on separate page (s) Attachments /Enclosures Attach or enclose the required documents listed below and check the corresponding boxes. Project Description ® Map showing project location, including distances and /or ® Construction plans and drawings directions from nearest city or town pertaining to the project - :ompleted ❑ Notice of Exemption ❑ Negative Declaration ❑ Mitigated Negative Declaration :EQA documents: ® Draft or Final Environmental Impact Report (CD -ROM) ® Notice of Determination :opies of applicable ❑ Local. Describe: °cal; State, or federal )ermits, agreements, or ❑ State. Describe: Application for water quality certification in preparation; to be submitted to Lahontan Cher authorizations: Regional Water Quality Control Board. ® Federal: Nationwide permit 39 documentation submitted to U. S. Army Corps of Engineers (formal PCN not required for the small area of 611 in non - wetland waters). ereby certify that all information contained in this notification is true and correct and that 1 am authorized to sign this document. I understand that in the event this infomtation is ' Ind to be untrue or incorrect. 1 may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete and /or cancel any Lake or 'combed Alteration Agreement issued pursuant to this notification. 1 understand that this notification is valid only for the project described herein and that I may he subject to '11 or criminal prosecution for undertaking a project that differs from the one described herein. unless I have notified the Department of that project in accordance with Fish and :me Code Section 1602. nderstand that a Department representative may need to inspect the property where the project described herein will take place before issuing a Lake or Streantbed Alteration :recment pursuant to this notification. In the event the Department determines that asite inspection is necessary. l hereby authorize the Department to enter the property where • project described herein will take place to inspect the property at any reasonable time and certify that 1 am authorized to grant the Department permission to access the mem'. I request the Department to first contact me at (insert telephone number) to schedule a date and time to enter the property ere the project described herein will lake plaee and understand that this may delay the Department's evaluation of the project described herein. a�t2 Y z h occ or Operator's Representative Date necessary to contact the applicant or owner to schedule a time to enter the property. m FG2023 (Effective January 12.20041 Gray's Crossing Project Description of Intermittent Tributary Crossings and Project Cost Calculation Gray's Crossing is an integrated residential and commercial project in the Town of Truckee, including residential, golf course, and commercial areas. The regional habitat is Eastside Pine and Sagebrush - 13itterbrush habitats. All wetlands and intermittent tributaries on the site are relatively to very short - seasonal, varying from nearly barren gravelly drainage courses to areas of Anna and Carex dominated wet meadow. The project features that entail streambed effects include four road crossings and 14 golf cart and walkway crossings, of which three of the roadway spans and nine of the walkways may actuall entail alteration of streambeds. We understand that, under the revised fee schedule, these are to be considered as 12 separate projects. However, due to the integrated nature of the overall project and similarity of all of the impacts, we believe that it is most efficient for the Department to receive only one package instead of 12 very similar ones. All crossings of intermittent tributaries and shallow floodplains will be effected by means of spans supported by wooden pilings (see enclosed map). This minimizes alterations of the intermittent waters to the greatest extent feasible and reduces the area of impact to a total of less than 500 square feet (0.011 acre) including all of the pilings. Although the pilings do constitute a change in the bed of the channel, they will not substantially divert or obstruct the natural flow in the tributaries. There are no known fish or wildlife resources in the tributaries that will be significantly affected by the placement of the pilings or portions of' the road span footings. Mitigation for the small area of impact will be provided in the form of restoration of an area of approximately 700 -1,200 square feet of tributary and floodplain wetland that have been devegetated and degraded by a pre - existing dirt road crossing (see Gray's Crossing Tributary and Floodplain Restoration, enclosed). The following table provides the itemization of projects that would affect intermittent streambeds, the construction cost for the portion of each span that is over the channel, and the fee as determined from the November 2005 fee schedule. Spans that will have pilings only in floodplain, but not in streambeds, are shown on the project site map but not included in this table, because they have no stream channel effect. Construction costs were determined based upon estimates of construction costs provided to the Owner of $4,000 per lineal foot of roadway span and $500 per If for elevated walkways. • Length over Road bridge channel (ft) Cost/ft Cost Per Project Notification Fee I 10 4,000 $40,000 $750 2 10 4,000 40,000 750 3 6 4.000 24,000 500 Walkway /cart path 2 20 500 10,000 500 3A 10 500 5.000 250 5A 22 500 11.000 500 6 20 500 10,000 500 7 18 500 9,000 250 IOA 10 500 5,000 250 10B 6 500 3.000 200 17 20 500 10.000 500 18 20 500 10,000 500 Total notification fee $5.450 PROSSER LAKE VIEW 31 ESTATES 34 35 3 6 TO RENO 0 o0 ck- 0 ( O 0 89 1 ; ' po a • 3 -J 2 Q o5 1 "To %,_ a • 6 SI TE- v:t 80 10 12 / Oil 11 DRIVE R� �� 7 GLENSH TR UCKEE A _ RR' • RD. TRUCKEE VICINITY MAP N. T.S. for . Gray's Crossing Project SCO Planning & Engineering, Inc. STATE OP CALIFORNIA-f11E RESOURCES AGENCY DEPARTMENT OF FISH AND GAME Arnold Sch Gores .o. 'A Vp Lake and Streambed Alteration Program & et Project Questionnaire Complete the following questionnaire and submit it with your notification package. Please attach or enclose any addional information or documents that support or relate to your response. Yes Maybe/ No Please explain if you responded "yes" or "maybe /uncertaln" Uncertain P y p 1. Will the project or activity involve work on the bank of a river, stream, or lake? V Project will place pilings in intermittent streambeds. See Q. 4, 5. 2. 11 you answered "yes" to 111, will the project or activity involve any of the following: • a. Removal of any vegetation? b. Excavation of the bank? c. Placement of piers? See Q. 4 and 5 d. Placement of bank protection or stabilization structures or materials (e.g., gabions, rip -rap, concrete ✓ slurry /sacks)? 3. Will the project or activity take place in, adjacent to, or near a • river that has been designated as "wild and scenic" under state V or federal law? 4. Will the project or activity involve work in the bed or channel of v Build elevated roadways and walkway /cart paths on driven wooden pilings. a river, stream, or lake? 5. Will the project or activity involve the placement of any permanent or temporary structure in a river, stream, or lake? The pilings referred to in Q. 4. Form 1 (Eneetivc January 12, 20041 Yes Uncertain No Please explain if you responded "yes" or "maybe /uncertain" 6. Will the project involve the use of material from a streambed? 7. Will the project or activity result in the disposal or deposition of Will probably place some clean native coarse gravel and hydromulch for wetland debris, waste, or other material in a river, stream, or lake? ✓ rebon within a degraded portion of system. See enclosed description of tributary and Iloodplain restoration. a. If you answered "yes" to 47, describe the material that will be disposed of or deposited in the river stream, or, lake: 8. Will any type of equipment be used in a river, stream, or lake? V I Pile driver, possibly small loader to bring gravel mentioned in Q. 7. a. If you answered "yes" to 48, describe the type of Pile driver, loader equipment that will be used: 9. Does the project or activity area flood or periodically become inundated with water? ✓ Intermittent tributaries with short season of flow 10. Will water need to be diverted from a river, stream, or lake for the project or activity? ✓ • 11. If you answered "yes" to 410, please answer the following: a. Will this be a temporary diversion? b. Will water quality be affected by the deposition of silt, an increase in water temperature, a change in the pH level, or in some other way? c. Will the water be diverted by means of a darn, reservoir, or other water impoundment structure? 12. Will the project or activity be done pursuant to a water right application or permit? ✓ 13. a. Has a wildlife assessment or study been completed for the area where or near where the project or activity will take Included in Draft EIR (CD enclosed with notification). place? (If "yes ", attach or enclose a copy of the ✓ assessment or study.) Dunn 1:02024 P age 2 of 3 Uiffecmc Januay 12, 2004) Yes Uncertain No Please explain 11 you responded "yes" or "maybe /uncertain" 14. Will the project or activity affect fish, amphibians, insects, or other aquatic resources? 15. Will the project or activity affect terrestrial wildlife? No effect on terrestrial wildlife from the crossings. See EIR for discussion of impacts ve of overall project. 16. Are any endangered or rare plant species thought or known to occur in the area where the proposed project or activity will take V/ place? 17. Are any endangered or threatened fish, bird, or animal species thought or known to occur in the area where the proposed V project or activity will take place? 18. Have you contacted any other local, State, or federal agency regarding the project or activity? a. If you answered "yes" to #18, please list the names of the Town of Truckee (project approved and Final EIR certified), Lahontan Regional Water Quality Control Board, agencies you have contacted: U. S. Army Corps of Engineers 19. Have you applied for or obtained any permit, agreement, or I 1 other authorization for your project or activity from any `/ government agency? a. It you answered "yes" to #19, please list the names or Applied for water quality certification (Lahontan RWQCB), nationwide permit 39 authorization from Corps describe the permit, agreement, or authorization you have applied for or obtained: 20. Have any environmental documents pertaining to your project or activity been prepared? V a. If you answered "yes" to #20, please list the environmental Draft and Final EIR; prepared and certified by Town of Truckee documents that have been prepared: I hereby certify that oft information contained in this form is true and correct and that l am authorized to sign this document. l understand that in the event this information is found to be a rote or incorrect, I may be subject to civil or criminal prosecution and the Department may consider nor notification to be incomplete and /or cancel moo lake or Str'eawbed Alteration Agreement issued pursuant 10 n0' notification. c> e Z 7, 70(.0 Operator or Operator's Representative Date Pun» P0202 Page 3 of 3 (I:Rohn January 12, 2(I(14) . •`' I i t , ‘ — \ I V I II 1 nnioae nq. i a e t airq- A. ":17 t 1 f s � ' Ie I SITE y ` I _ I l 1 ' LOCATION MAP 2 7 / I I i 1 I. ' I PLAN VIEW z Q J a C>w O a Q O U CO w > U z in -- «° _ _f s ",.. t CC 0 ' : i '� rns�. I ri ti _ r„.„,, - 2 a a a. j . 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TLEVA LAM l-t 4,- tt 1051014 6'. L' <VIIB d: / „]' 5184416E66 ].6 Wr /P 0(04 5'.44" C6C4'.xC 10.10' C'P 0ry 6'.6'.18' 860094 (1744) 8/310.]' S.S. 6(0186 4/11].0:' S0 0097x$ -'\ 10'n OV11 44534.0 \ ° La.1 _ a — _ E�� Ftae . .ms —]m. ea. I F ( �f/ &b 4.1 , .: x t ti nr. / - . � ` ,, i ° wen < a.ri P LC' .,: ., >< _ ... e�3f'� ?. 41408[9 8087409 :Ia¢Y. 4/.:a ff�r rV {�OAiAV ; L. -••+•• G �� ��� . 1160E0 414510Ex1 0'n 64-0' 0EV1lli Pty = Y O \ 8Y 500145511) TIE 005144 ..l 0144444 5 468[51 0000 0 Q 0 6 OUIVEVI 07140 406 50530 Or / a I04. 7044 Eltx 1740 gi=° ° 0i 4/p r Erv1 Or 045104E I 0 hp, CI Ubl [1:41 o� -� � �y 5 N 844100[ .' [viva' g L r ST 07.u'Jn I „ 91:.B:Il 14011 ` BRIDGE ELEVATION Scale:II t' -0" (es Araar6 J -- - - - -- BRIDGE INDEX HOLES 16V0m 1444549 /8wuR:r 94(541 hp: 5526 TVE 1464000 PPE M0 441441 8[6x1 ID -TM EL EL DWI EL 443]0 I.QTE 1 IT-0' (0 443 5' -0' 448 1 .4 ( }) r 0.43 4404. 50055 568791 BRIDGES TO SUPPORT PIPES. SEE. BRIDGE MOD, 00)0 INFO. 59 I]' -0 (0 ea 5' -0' 10 1744444. (2) 2' 0(3 004. 0910 541494 5989 77 14 o (]) Y 0 U p01. 545015 `050.6] a'— x01140' -0' n] 3 -0' 0' 44 P9 ( Y 043 P444. 500540 55 52 YBC DRAWINGS APPROVAL STAMP 43-0' 60 H] 7-17F 449 (2) ]' 00W 54]10 5 t9 441074 ❑ APPROVE:O Iu (2) 1 0 4 3 ° 5 4 1 - 59940 (440006 06000 El AFTIME13 0 4 9 4 0 0 5 02 0 1 6 6 1 19-0' 710' -0' 443 5' -0' 5' II 0 0) 2 - 010 004 587045 494057 _ 0060456 k 56541041? 1 !_°' 5 44.00 1}4}' 0410440 584850 5460 on 4 I] -0' I]J -J' 9J 5' -0' 'I4 n4 140 55]:60 1 sere 02 4( �/ YORK 57x7', crne.ing tit. I / I4, 44., n 10 — ret 841 can' !Timber Fridge BRIDGE CONCEPTS -- P -- Truckee, California sal. 3 4048 - - �� �1 { J Pile Supper led Fridge snw4 The Professional Bridge Company .— t u 1 _. ......... •.....9L.._.. 200209 4/45/4 205203 l 1 ®P' OR TOir. N01n • ry a' -4�_ c/c _m' -o' c/c _ —_ _s' -4) ' c/o — ( hp.) y- J 1Y1 � , 1 I 1 1 , 5 55 1 I i i i i i I i i i I i i I i i • I y ■1 I I I I 1 1 1 1 I I Q __ ___ Q_._._ n._._.___...___Q__._._.__._. • __,i . _4_,_4_4_4_._.._. 1 I 1 • 1 l0: Bon c,lmc 1 I I 1 I I BRIDGE PLAN. PILE LAYOUT. Seale:. VC - 1' -0" - 13RIDGE INDEX Im is I 7 12007n 19ywa1 NUN 00,00E NM PIPE 000111 PIPE 0131 0,00 MKw 100 -9417 n. h1 In & EF. Im¢ NA (]) ]' 043 oar 9785 5884.91 e I:' -0' 000 -0' N3 5' -0 I0' Ir por (7) 7' 04] op t, 3915.5 5917.91 12' - 90' -0 113 1 J' - 0 - 10' 17 051- (7) 7' 0 43 pol. 5975.05 09715 27 _ II p01. (2) ]' 043 p 7l. 5056.}5 5669.07 '3' -n' 710.-0" N3 177 — 0 7 — n 001, (70 Y 5 4 00 503440 I 5640 e7 YUC DRAWINGS APPROVAL STAMP 17' -0' co' -o' In 0 1 NA NA ( 2' 543 por - 50110 0030 01.w 0 APP 0011(5 5804.0 [c[ ORDER APP 01'EU AS NOTED 1 11' -0' 110' -0 113 5-0' B' II ppl. (1)r 0. Dal. 5574 45 590081 0REYISE & RENO SNIT s v P l . ( x 1 1 ' C o b o l , 5559 50 secoq M rN 5075 00 We. 02 0400 /___/_ YORK Crays Crossing CC 41w I ns«, o . cv� Timber Bridge BRIDGE C ' —^ / Truckee, California w, was — I i, Y. ; Pile Supported Brid The Professional Bridge Company _- ` _ I Ala ...,.._^ ................^..... 454..0: 205203 cn51q 120529 - ..a i_ 3 09 • • —N T A _._.._ I0 -0 • _ _ .- :0 _0 r,4 — :roc ma ]' 0[00114 6'.6' NP3 :0 pr, ♦ (0,a) c 01234.9' LS. SCREWS �e.i: ■6' k0C1 r� /4,T° / 0' 9vP w ...� (`OG xLeR CLCI OLmOS� tp:. 5:L $:}.E]) / .) p' I awl. V , :d a: x.30 F 4 : : °x fl1 • i . .,.. ^I _ I II ] I r I t 1 016.} _ II • � SIP.00ii ROC, s]A.=s 0Si[VLF, (3 5700,00090 Wv 0 smn,txi - ]'xsaanl "'NE BRIDGE PLAN. S'T'RINGER LAYOUT. Scale: a /e" = I' 0" BRIDGE INDEX x00 s 8I 40011i 4009101 40450!•45 waY 4500 SIZE rat xncxl PIPE 5110 PET WEIGHT 1 101 -rtM n. E1 00C4 EL. NOTE NA (}) r 0 o 91. 51000 5997.91 17 PP 1. Mt , 05?. 59155 55}.91 9 I }'.p• 90' -0' 11] ]' -0 10' 07 OP 1. (]) ] y 043 00 55]5.05 59]0.0} IL 00!. L]) }" 0. 004 505015 550061 — 5940 a? Y53C DRAWINGS APPROVAL STAMP ❑' -0' 60 -0' 0,J 5' -0' M NA (1) T 043 001. - 5571 p pw1 D APPROVED @ 40 I 01) }' 0 43 p5 - 590,0 CNONC0 OFIOLP 08080000 AS NOTED 5 007. p) }' 0 43 Per 5808 45 5880 05 ❑ REVISE 4 P.EEIIDWT 5 p.pt (1) r 043 p05 5059.50 5950.51 — 1 17 -0'I 450' -0' 43 5' -0' 10 .. NA 1,A 00;500 59]0.01 . YOR 1 Gray's Oro90ing GC ...x, ' I n cd y.. c\ )Exton cow 7 1 I Tim Bridge BRIDGE CONCEPTS " "° ' ' F r � ' kec, C911Eo1 ;do � N. � v / PilO Su a1u The Professional Bridge Company _�_ se. ` la w� \ III p p0rted Bridge ' 47. 3 0 7 :: ..�. v.rrvn...nunlw....x r.. x. 205203 onw 2052 V — 1 I � .n —_I x.0,. 9 05 • . k i \ / x /110.3' s s. SCPfnS P0Y1[P AJ \--. i 1M1?� 6i 6'yuR 4 sIPVIiLP 011[5 I ��1!�y �0 r5' -0' C/C •'.'. ]' $1815[ r .TC _ sx ]',, ^ n•.} - c- -. -. nr�4M1. �� � . I I. �� r � III NN, 'ra6'IWB[A DOLTS DMA WASHER L I ( \` E ` o eonAY Illpr e9" Ge cul's. sYPSmI OP EQUAL 0Y DORI xs. 01 STRAP pp EOM oPW smcs 0r OP ':\N‘ 1 v9wn o . 0 o nv 1100 t . .41.047 I N-10'• KO) PASS l}r 1u v1� 6Ycn0L ../ eti -e' C/C SECTION A —A (TYPICAL) Scale: 1" = 1' -0" _ 13I2IDGE INDEX !l0 L] 1 * 1004 0010I4 A9444E411 ' HAAN PAP 5305 P4P0 0[040 PAP( 0476 717( 4(5x1 100 -.GP n. EL DECK EL. NO/0 1 1]' -0' 60' -0" x3 nri 08 O1 )' 0 3 pal. 3085 5 589791 v 1)' -9" Aws0' , n S . L] PPL (]) }' 0,V p . 0 ]9 5 0 591],91 p I}' -0' 0T-0 N3 J -0" • I] o 1. (}) E 9t] P. PI, 11 I ]9]s AS 507a 27 (]I i' 0 3 oo 0000 75 1 5860 67 II PP 7. ¢I2 0 0.p 1, 5034.40 I 08.003 YRC DRAWINGS APPROVAL STAMP I 6 6 0 0' -9 1 Hn (]) ]' 0 43 po r - 5611.9 PER Plh'1 APPROVED ra (2) )' O 4 3 pp 1, - 003..0 50411E ORDER APVRONOVEY AS NOTEp 11 L O) Y 0.43 991. 5078 A5 5030.07 ID REVISE 4 AL$URNIT I 1 }' -0' O]' -0 11] � -0 • • -ppl, (})]" 0.5 pp1. 805/3.50 S6W 9} I 11'-0'1 I]0' -0' xJ 5' -0 /IA 14 NA se>s EC Salem I p 1 __ /__ / -_ YORK I ervra Crossing C.0 u vv.: vv.: I U UM / /7 1 1'i3nl,cr ['fridge BRIDGE CONCEPTS "--- w. - ,.. — ° ^ "'z'�'�t — � - 3 Truckee, Cantor* The Professional Bridge Company — a a r•1 . ,. In /fl /(/`/ tra,0 Pile Supported Dr Mgt Pie — sm. .,...•,. .w....•.., 205292 1 etnm 205203 -05 U A 1 • � 7--1 >AAA • I P, FREUVU CONSIRJCTION CUE 09 ECU4. piss Cr • I I 1` - , L 1.� __— wiling' SS S @FINS h WEAR—DECK SCREN' PATTERN DETAIL Scale: I" = 1' —p" y� .O 0 - a 0. / CURB ON x WEAR DECKING K' B SCREW READ oust BS _ _ _ Ai CURD BLOCKS W/ /10.1' S.S. SCR 0"" l VF fK[ — DECK ATTACHMENT Irm.l a r „ osc. Scale: 1 4” = I' -0" wEw aa� I — l'.tl" DECKING ' lloa' sS. SCREW' ' L E nalliMilli 112, SO ss G WEAR—DECK SCREW COUNTERSINK DETAIL �---�— Seale: 1' = I' -0" 1 SIR140CRS� DECK SCREW DETAIL DRAWINGS APPROVAL STAMP Scale: 1� / = 0 APPRoVC0 — t — o " O .PPROVED AZ NOTED 0 REVISE Y RMUOMIT YORK — m �_ 4 e.,<� —/— Greye Crossing CC B fla w -w- ,�,,, N =`° m ton GYP it Timber Bridge b - �° I Truckee, California iliilini The Professional Bridge Company v. w.e. _ Pile Supported Bridge M 205293 -07 ax cun iox ab cur w ,„ i V__ n � ' [' 9-. ,.M, \ \ \ \\ L :p _ T A $ 6:6' CY94 —� I I n€ n(:. ..it.—-:..,,.. ... r 1 . h I r1R.t S(AEw9 slgN:(R R'1.16' laser). ace Dz.( n.9Q9 a DIOU {l Wt. MIS k ✓4( Ge H J BxF E Runa - -- — kW Eng 9.n 6(I PlAr ffl MS RENTS. n :4 CURB ELEVATION VIEW Scale:l" = 1' -0" ww( RAI( ii. ROultn0 AI A DEPT.. M IO R(""` "'E B 416' WWI BOOS B B OAS cw Min {�• c Ain R' P. MADER IJOAT P1D AMOR 61 wry1 NIPS k RAD. RWI[9 On C • Plat Y.'" "' COCK f Be;:e0 wASKR h p o eonau - V + egln In` R' hi. C • cm rvrtw 9: � _ _ _EP E ioo 4 1e DICCK V I N,... ` ©' R.D Rom(R on L.. V� /1P.J1' 6CPEw6 j_ . _ BIOCN 10 O[[x 1 /r � ® Ar A'425Yd' —CURD CLOCK wsn[n , YBC DRAWINGS APPROVAL STAMP •/ ]' OME a :v O APPROVED VIEW A —A SECTION II—L1 AS NOTED Scale: 1" = 1' -0" Scale: Ind" = 1' -0" ORMS¢ & RESUBMIT YORK an ...A mecum 6A._ Cra c raning cC A s.., ) ID ton cvR ( I Timber Bridge RIDG CONCEPTS rO _. Truckecke e. c611rornlA ..m T ��� 6 The Professional Bridge Company ✓• +ti _ r P � I ` Pile Supported Bridge ..� 4��` 20529a r_ . . u \) v w. 4n/M 1 2052 9 3 -08 in „ Pw ` -' r/ ,ar! PL.E i •�.'; \ • Y`. till .' _ - t , �T, • a 0 �` 'lam • 4 IE t e `• / apt r 4l { • 4. V 1 k 7 r ' 1 j . \ a ' 1 Fi �.1 A Y y j i , . �_ 0l -; Gray's Crossing Affordable Housing /44 y 7104 Recommended Replacement Plant Species Plants Botanical Name Common Name TREES Acer circinatum vine maple Pinus jeffreyi Jeffrey pine Pinus ponderosa ponderosa pine SHRUBS Amelanchier alnifolia western serviceberry Artemisia tridentata (preferably ssp. vaseyana) sagebrush Corpus sericea (also known as C. stolonifera) red twig dogwood Purshia tridentata bitterbrush Ribes nevadense Pink Mountain Currant Spiraea densiflora mountain spiraea GROUND COVERS Arctostaphylos uva ursi bearberry manzanita Symphoricarpos mollis creeping snowberry Seed Mix Botanical Name Common Name SHRUBS Artemisia tridentata (preferably ssp. vaseyana) sagebrush Purshia tridentata bitterbrush Ribes cereum wax current PERENNIAL WILDFLOWERS Lupinus lepidus Sierra lupine Eriogonum umbellatum sulfur buckwheat Penstemon speciosus showy penstemon Wyethia mollis mules ears GRASSES Festuca ovina (also known as F. saximontana var. sheep fescue purpusiana) Poa secunda (also known as P. sandbergii) bluegrass Elymus elymoides squirreltail grass For the Phase I and II of Gray's Crossing, Robie Wilson Litchfield (L &P Design Works, Truckee 530 - 587 -9139) developed the plant palate and Comstock Seed (Carson City, Nevada 775- 746 -3681) provided the seed. With the Town of Truckee's Community Development Departments approval, other species indigenous to the area may be substituted if the species listed above are not available in a given year. R' -4 • 07/13/2094 11:25 FAX 7758470224 _ FAR_VVESTERN 001 10Z. 97 r✓lil'�Y.�. la FAR. WESTERN ANTHROPOLOGICAL RESEARCH GROUP, INC. - DATE: July 13, 2004 • TO: Jeff Butterworth East West Partners P.O. Box 2537 Truckee CA 96160 530 -587 -3460 (587 -3463) FROM: D. Craig Young, Ph.D. Far Western Anthropological Research Group, Inc. Susan Lindstrom, Ph.D. Consulting Archaeologist RE: Gray's Crossing Phase I Heritage Resource Study Preliminary Report of Findings This is to notify you of the completion of field mitigation measures for heritage resources located within Phase I of the Gray's Crossing Project, as per the Town of Truckee's condition of project approval. Project activities may proceed as planned in the vicinity of these resources. However, in the event of fortuitous discoveries of additional heritage resources, that have not previously been inventoried, project activities should cease in the area of the find and the project sponsor should consult a qualified archaeologist for recommended procedures. - Flagging in advance of timber harvesting to clear road prisms commenced on April 26 and was completed on May l l th . Intermittent archaeological fieldwork began on May 12 with focused excavations by crews of archaeologists beginning on July 6 Archaeological excavations and flaked stone analyses at prehistoric loci of the Alder Hill Basalt Quarry (CA- Nev -884/H or BS -1 /H) and CA- Nev -21 were completed on July 13 Our field investigations resulted in the documentation of intensive basalt acquisition and toolmaking activities related to the Middle Archaic Martis Complex of 5,000 to 1,300 years ago. The Alder Hill basalt quarry was the primary toolstone source for the people of the Truckee -Tahoe region during this time period. • Data recovery, including in -field analysis and excavation, produced an impressive quantity of artifacts. The collected assemblage includes several hundred pounds of toolmaking debris which will provide evidence of the techniques people used to maximize basalt resources and organize their technology. We also collected hundreds of MAIN OFFICE 2729 DEL RIO PLACE. SUITE A, DAVIS. CALIFORNIA 95616 • PHONE 530.756 -3941 • FAX 530- 756 -0811 CENTRAL COAST OFFICE 1725 DIABLO DRIVE, SAN LUIS OBISPO. CALIFORNIA 93405 • PHONE 805547-0489 NEVADA OFFICE PO BOX 768, VIRGINIA CITY, NEVADA 89440 • PHONE: 775-847 -0223 • FAX: 775- 847 -0224 Received Time Jul.13. 1:08PM • 2004 11:25 FAX 7758470224 FAR_NESTERN (1002 • finished and unfinished tools, representing the wide -range of components in Middle Archaic toolkits. Fieldwork also focused on CA- Nev -21 in order to compare technological activities outside the immediate quarry area. Quarry studies are crucial to the understanding of regional land use as it is reflected in stone tool technology. Forthcoming analyses of the prehistoric material remains will provide comprehensive data on the nature of lithic resource use and the regional economy of Middle Archaic -era peoples. Excavations at the Chinese work camp (BS -15 or CA- Nev - 882/1 -1) will be completed on July 15"'. Final mapping work on five historic charcoal ovens (CA- Nev -882/H features 2, 3, 6, 7, and CA- Nev- 884/Locus 20) should be completed by July 23' On that day, all excavated trenches will be backfilled. The unanticipated discovery of archaeological features and a large quantity of artifacts considerably increased the level of effort involved in excavating the Chinese camp and necessitated a revision in the project scope and cost. In order to complete the Phase I mitigation process, additional field personnel, laboratory time and report preparation time were required. Fast West approved the requested increase in the project scope and cost on July 9 and work continued at the camp. Some of the artifacts recovered from the Chinese camp and charcoal ovens include: building components (nails, window class); household furnishings (oil lamp, cast iron stoves); tools and equipment (shovels, files, wagon parts, charcoal fork); cuisine (rice bowls, cans, bottles, ceramic soy jugs and storage jars, tableware, woks, pig, deer and • fish bones); personal gear (shoes, buttons, pendants, coins); and recreational items (gaming pieces, opium smoking paraphernalia). The features exposed are believed to be remnant cooking hearths and rock platforms (or possible shrine). All artifacts and features document the life of Truckee's immigrant Chinese labor force during the 1870s- 1880s logging era. Charcoal became an important adjunct to Truckee's lumber industry and Gray's Crossing was a hub of charcoal production by Chinese colliers. On behalf of Far Western Anthropological Research Group, Inc. and Susan Lindstrom, Consulting Archaeologist, we commend East West Partners, Inc., and other project planners and timber harvest crews for their cooperation and assistance in this initial mitigation effort. In particular, East West should be recognized as a steward of local heritage that celebrates cultural diversity and human ingenuity and we encourage them to incorporate heritage values as one organizing theme for the development. Forward planning that incorporates the rich information obtained from this mitigation effort into an interpretive program can enhance public enjoyment and education and can also . augment the development's marketing success and economy. D. Craig Young, Ph.D. • Geoarchaeologist/Field Director Received Time Jul•13• 1:08PM ., CAb Jared Northon East West Partners RECEIVE P.O. Box 2537 Truckee, California 96160 resk JUL 15 1005 �\ r July 14, 2005 s ia P `,e5"� 51 k`" RE: Gray's Crossing Phase 1V Heritage Resources Study Preliminary Report of Findings Dear Mr. Northon, In May and June of 2005, Far Western Anthropological Research Group, Inc., in cooperation with Susan Lindstrom, Consulting Archaeologist, concluded field tasks as part of the final phase of the Gray's Crossing heritage resource study. Fieldwork has now been completed for all heritage phases of the Gray's Crossing Project as per the Town of Truckee's condition of project approval. Project activities may proceed as planned in the vicinity of these heritage resources. However, in the event of fortuitous discoveries of additional heritage resources, which have not previously been inventoried, project activities should cease in the area of the find and the project sponsor should consult a qualified archaeologist for recommended procedures. On behalf of Far Western Anthropological Research and Susan Lindstrom, Consulting Archaeologist, we commend East West Partners, Inc., and other project planners and timber harvest and construction crews for their cooperation and assistance in this mitigation and heritage data recovery effort. Flagging and Site Protection Inclement weather-and late- season snowfall caused delays in the start of fieldwork. Flagging in advance of timber harvesting in order to clear road prisms did not commence until May 1, 2005. Further site protection activities (i.e., flagging, staking with caution tape, etc.) continued intermittently throughout the months of May and June, as appropriate in order to accommodate the progress of logging and road clearing. Historic Resources The historic components of site CA- Nev -8841H (or BS -1/H) comprise 15 charcoal oven features (loci 2- 11, 13 -14A, 19, and newly discovered oven 14B). Although all 15 ovens received a careful level of field documentation, only three ovens were the focus of more intensive hand excavations. Nine residential camp complexes were also addressed, being located at eight different site loci (CA -Nev- 884/H loci 1, 12, 15 -18, CA- Nev -877/H or BS -10, and a newly discovered camp at CA- Nev- 884/H, Locus 9). Four of the nine camp complexes (CA- Nev- 8841H, loci 1, 15, 16, and 17) were selected for more intensive hand excavation. In addition, exploratory test excavation units were placed at two other smaller camps (CA- Nev- 8841H, Locus 9 and CA- Nev- 877/H). Prior archaeological work at some of these camps during 1980 -1981 focused upon the initial retrieval of a small sample of artifacts. In order to complete mitigation data recovery according to current archaeological professional standards, our follow - up investigations focused upon the exploration of problematical rock features present inside and surrounding many of these "cabin" locales. Our excavations revealed a significant variety of hearth/oven/stove cooking features occurring in a patterned array of variable shapes, sizes and functions. MAIN OFFICE 2127 DEL RIO PLACE, SURE A DAVIS, CALIFORNIA 95818 • PHONE: (530) 758-3941 • FAX (530) 758 -0811 CENTRAL COAST OFFICE 1725 DIABLO DRIVE, SAN LUIS OBISPO, CALIFORNIA 93405 • PHONE/FAX. (805) 547 -0489 NEVADA OFFICE RO. BOX 9982, RENO, NEVADA 89507 • PHONE: (175) 7889180 • FAX (775) 7869781 Data from field excavations are currently being analyzed. The quantity and high quality of information recovered from the Gray's Crossing Project are noteworthy and, alone, comprise the vast majority of the known archaeological data base involving the charcoal production complex in the Truckee Basin and ethnic associations with Chinese colliers. Our preliminary findings further document the widespread and varied nature of charcoal production during the 1870s- 1880s. Upcoming tree -ring analyses of charred wood fragments obtained from the charcoal ovens should establish a definitive time frame when the ovens were in use and when the industry thrived in the Truckee Basin. Historic work camps studied during this last phase of work at Gray's Crossing further substantiate the Chinese presence in and around Truckee town. The Chinese are little documented in the historical record and archaeological sites at Gray's Crossing have proven to be key repositories of information about the lifestyle of these 19 century immigrants. Prehistoric Resources Fieldwork at the Alder Hill Prehistoric Basalt Quarry (CA- Nev -884/H or BS -1!H) was accomplished June 20 -24, 2005, with the continued in -field analyses of prehistoric reduction loci as demarcated during Task 1. In -field analyses included refinement of locus boundaries and complete technological and • morphological documentation of a representative sample of flaked stone debitage and tools at each locus. Archaeological excavation focused on Locus P22 within the quarry area. In 2004, archaeological testing at P22 revealed a buried surface and associated artifacts with a radiocarbon age exceeding 9,000 years old. Returning to P22 this year, we opened a block excavation (over six square meters) to document the structure of the buried archaeological component and expose the geomorphic characteristics that have preserved the site component. • Archaeological data from quarry loci through the project area are still being tabulated and analyzed. It is already clear, however, that our fieldwork has produced a rich record of the technological and economical significance of the Alder Hill Basalt Quarry. Excavations at P22 removed over three cubic meters of deposit (not including mechanical removed overburden) and revealed an Early Archaic component, previously undocumented at the quarry. The artifacts recovered during excavation and surface mapping at P22, including flaked stone tools and debitage, provide a robust technological record for comparison to the well- documented Middle Archaic component at the quarry. In addition to documenting the early component, we gained further insight into site formation processes in forest environments of the Tahoe region. Although our goal of discovering intact features on the 9,000 year old buried surface was not attained, we were able to document the discrete nature of the early component. Field studies of the prehistoric components at the Alder Hill Basalt Quarry, conducted over the past two years, have produced a plethora of artifact information. Forthcoming analyses of the materials from both in -field analysis and intensive excavations will assist in developing a strong synthetic view of the prehistoric technology, economy, and land use across a temporal range spanning the Early and Middle • Archaic. The view from Alder Hill should provide a broad perspective for regional archaeologists and influence on -going studies on both sides of the Sierra Nevada. Once again, we commend East -West Partner's efforts with regard to the heritage preservation program at Gray's Crossing. Sincerely, Kelly R. McGuire Principal MAIN OFFICE 2727 DEL RIO PLACE. SUITE A, DAVIS, CALIFORNIA 95618• PHONE: (530) 156-3941+ FAX (539) 860811 CENTRAL COAST OFFICE 1725 DIABLO DRIVE, SAN LUIS OBISPO, CALIFORNIA 93405 • PHONE/FAX (805) 547-0489 NEVADA OFFICE P.O. BOX 9982, RENO. NEVADA 89507 • PHONE: (775) 7889780 • FAX (775) 788-9781 S!8.la, INTRODUCTION VOLUME I ALDER HILL QUARRY This volume documents the results of an archaeological data recovery program at the prehistoric Alder Hill basalt quarry complex, located immediately north of the Town of Truckee near the junction of State Route 89 and Prosser Road. This quarry has served as a major source of toolstone for prehistoric groups occupying the Tahoe/Truckee region for most of the last 10,000 years. The quarry complex consists of a series prehistoric sites and loci located over a nearly 800 -acre area scheduled for development as part of the Gray's Crossing project. Gray's Crossing is a golf course, single family home, townhouse, and commercial real estate development whose implementation will create both direct and indirect impacts to many of the sites and loci that constitute the Alder Hill quarry complex. The project area also contains a rich historical record represented by nineteenth- century charcoal production by Chinese colliers, and including the remains of dozens of remnant charcoal ovens and several residential camps. The historic - period sites were also the focus of mitigation efforts; these results are provided in a separate volume of this report. Based on a previous cultural resource inventory of the project area (Lindstrom 2000), all prehistoric sites, as well as all prehistoric loci within larger, multi - component (prehistoric /historic- period) sites, have been assessed as potentially significant resources under the definitions set forth in the California Environmental Quality Act (CEQA). The Town of Truckee has approved the Gray's Crossing Project with the following condition, as stated in the Gray's Crossing Specific Plan Project Mitigation Monitoring Program (2003:32): If project redesign around a prehistoric [or historic - period] site is not feasible, then additional archaeological investigation to evaluate the research, interpretive and cultural value of the site shall be completed. The investigation shall be conducted in accordance with the recommendations set forth in the Heritage Resources Inventory previously prepared for the project site by Susan Lindstrom (2000). Lindstrom's Heritage Resource Inventory recommended a program of surface collection, site mapping, excavation, laboratory analysis, and the preparation of a research report for those sites where avoidance of project - related impacts was not possible. Implementation of these recommendations was undertaken by Far Western Anthropological Research Group and Dr. Susan G. Lindstrom, Consulting Archaeologist, at the request of East-West Partners, the developers of Gray's Crossing. Fieldwork was conducted in three phases during 2004 and 2005. The prehistoric archaeological program was under the overall supervision of Kelly R. McGuire, M.A.; the history and historical archaeological program was supervised by Dr. Lindstrom and Sharon A. Waechter, M.A. There are ten recorded prehistoric sites located within the Gray's Crossing project area. Two of these sites — NEV -884/H and -21 —are relatively massive and contain a large number of activity areas and artifact concentrations (loci). The eight remaining sites— NEV -869 through - 876 —are much smaller and generally manifest only limited assemblages. Primary quarry loci are concentrated within NEV- 884/H, which lies on steeper terrain in the northern and western part of the project area, where there are outcrops of basalt in primary geological context. Site NEV -21, as well as NEV -869 through -876, are workshops, situated off -quarry, where toolstone was transported and subsequently reduced. 5�. 9,16c INTRODUCTION VOLUME I ALDER HILL QUARRY This volume documents the results of an archaeological data recovery program at the prehistoric Alder Hill basalt quarry complex, located immediately north of the Town of Truckee near the junction of State Route 89 and Prosser Road. This quarry has served as a major source of toolstone for prehistoric groups occupying the Tahoe/Truckee region for most of the last 10,000 years. The quarry complex consists of a series prehistoric sites and loci located over a nearly 800 -acre area scheduled for development as parr of the Gray's Crossing project. Gray's Crossing is a golf course, single family home, townhouse, and commercial real estate development whose implementation will create both direct and indirect impacts to many of the sites and loci that constitute the Alder Hill quarry complex. The project area also conrains a rich historical record represented by nineteenth- century charcoal production by Chinese colliers, and including the remains of dozens of remnant charcoal ovens and several residential camps. The historic - period sites were also the focus of mitigation efforts; these results are provided in -a separate volume of this • report. Based on a previous cultural resource inventory of the project area (Lindstrom 2000), all prehistoric sites, as well as all prehistoric loci within larger, multi- component (prehistoric /historic- period) sites, have been assessed as potentially significant resources under the definitions set forth in the California Environmental Quality Act (CEQA). The Town of Truckee has approved the Gray's Crossing Project with the following condition, as stated in the Gray's Crossing Specific Plan Project Mitigation Monitoring Program (2003:32): If project redesign around a prehistoric [or historic- period] site is not feasible, then additional archaeological investigation to evaluate the research, interpretive and cultural value of the site shall be completed. The investigation shall be conducted in accordance with the recommendations set forth in the Heritage Resources Inventory previously prepared for the project site by Susan Lindstrom (2000). Lindstrom's Heritage Resource Inventory recommended a program of surface collection, site mapping, excavation, laboratory analysis, and the preparation of a research report for those sites where avoidance of project- related impacts was nor possible. Implementation of these recommendations was undertaken by Far Western Anthropological Research Group and Dr. Susan G. Lindstrom, Consulting Archaeologist, at the request of Fast -West Partners, the developers of Gray's Crossing. Fieldwork was conducted in three phases during 2004 and 2005. The prehistoric archaeological program was under the overall supervision of Kelly R. McGuire, M.A.; the history and historical archaeological program was supervised by Dr. Lindstrom and Sharon A. Waechter, M.A. There are ten recorded prehistoric sires located within the Gray's Crossing project area. Two of these sires — NEV -884/H and -21 —are relatively massive and contain a large number of activity areas and artifact concentrations (loci). The eight remaining sites —NEV -869 through - 876—are much smaller and generally manifest only limited assemblages. Primary quarry loci are concentrated within NEV- 884/H, which lies on steeper terrain in the northern and western part of the project area, where there are outcrops of basalt in primary geological context. Site NEV -2I, as well as NEV -869 through -876, are workshops, situated off-quarry, where toolstone was transported and subsequently reduced. ,44 y 9.2,a TOWN OF TRUCKEE California ORDINANCE NO. 2003 -07 AN ORDINANCE OF THE TOWN OF TRUCKEE AMENDING THE TOWN OF TRUCKEE ZONING MAP The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Enactment. Title 18, Development Code, of the Truckee Municipal Code, more specifically the Town of Truckee Zoning Map, is hereby amended as follows: The zoning district designation for that portion of the north half of Section 12, Township 17 North, Range 16 East, M.D.B.M., north of Glenshire Drive, is hereby changed from PC -2 (Planned Community 2) to OS (Open Space), REC (Recreation), CN (Neighborhood Commercial), RS -X (Single Family Residential, no further option to subdivide), and RM (Multi - family Residential) as set forth in Exhibit A, attached hereto and incorporated herein. The scenic corridor for that portion of the Section 11 and the south portion of 4: Section 2, Township 17 East, Range 16 East, M.D.B.M, is herby changed to begin north of the intersection of Alder Drive /Prosser Dam Road /89 N as set forth in Exhibit B, attached hereto and incorporated herein. Section 2. Findings. The findings set forth in Exhibit "A" of Council A' Resolution No. 2003 -54 are hereby adopted in support of adoption of this ordinance. Section 3. Summary Publication and Posting. Within thirty (30) days after final adoption of this Ordinance, the Town Clerk shall have a summary of the ordinance prepared by the Town Attorney and published as required. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by Resolution of the Council. Ordinance 2003 -07 Page 2 The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 5 day of February, 2004, and adopted at a regular meeting of the Truckee Town Council, on the 19 day of February, 2004, by Council member Florian, who moved its introduction, which motion was seconded by Councilmember Owens was upon roll call carried by the following vote: AYES: Council members Florian, Owens, Ingalls, Vice MayorThreshie, and Mayor Susman NOES: None ABSENT: None I 9 t .E Jo$h Susman, Mayor Att- : A t A ;OA? j Ju. Pri. -, •wn Clerk 2 II 1-1-H-4 1,114FF4141 tHH T1.. • FN11I 1111 ry� 1*-- • MM1 t ,� i•111 », hhl - -- - -- ll OWR ()F Truckee _�\ ,,,,.,, Zoning Map I �1 111 HUIIIUIIr all' 1 Ill, •`,` �" 1 �- - -` �A�F1ifl1111I i.4 MTh \ j p Il fif"411: ill! ` it �ei f g . I IB Oifi ffi�fflFjiu11 �"a4 1{ 4:I 1� v 1111rr IL - ■ � _ yij•',iyljv1� rN��n3i�9� _ �' .,.. 'g fj„ ,1 Sheet # 31 4 4 4ff 4 l;;a�eo X41I�p r �� �'�� "-- 1: • ! ee` r - �� interstate Fromay .= ■.■ y ® Slate Highway Mill -_ f —_ ■ eIr111i11111•aln1A • Streets . i =tea Railroad I • i � �• �� u , I i 1 i Town Boundary % ' � � //� / — IBLhW aY Nerla / .1 , , v / H(/ Sccnie C orridor -- - -- � _ Selbaeh %��C� 3.0 Foot / - o / '� a, .ethack •m R.O. / 1 ICY ����� ��� / : / _ELI See Section 1046.070 / of the Truckee Municipal Code �p•070: ¢. �� C / Title 10, Development Code for X 1{111 / ga _ LLLL'"' o 0 Foot — Scenic Corridor Standards '# 41��� 1 '4 " Highway 89 No SIII II/ 1 its Scerdc Corridor a l B lat '� Setback to 6e " Q 1 III I 4V- _ // /— - a ndoned l ffit 'mitt] � ��� s pa 9�'I // T O � � W E IkC .1 � IbI II I � �/ R 9 r a 0 900 1800 Feet 11 ostmt •r r: 1 1 ads% j / NIL- x' "' - l wr.. ac ms s - - ,> �1; ,• as etta o191ke �.tr' �- • ZONING EXHIBIT MAP FOR GRAY'S CROSSING 1 ! os . - 1 os os i � _ = 77• I OS 1 o% I `: ' o l i ef p ? ii , • ,,, l I r; t it LEGEND: I I as x (.S.ngle Friry ac•.de , in `n ' It RSA ((Mu.t�Paden-al) FaniIPaden-al) Paden-al) ) 1,- LL�� -I`\ / / G`1 (Nep �bprhgad Colrr�r:ial) - 5 REC (act- eatlm) It ` % 1 ` i • I 1 Ds (Cper SPA) .4. 05 -- - � 7 X 1 7 r ee' 9G1» r - 1000' et 1 GRAYS CROSSING ==- .c,....„.. . i Ad4 10o. 26 GRAYS CROSSING DEVELOPMENT FUEL MODIFICATION PLAN It is the intent of the Fuel Modification Plan to design and locate a fuel break for the Grays Crossing Planned Development, while making the least impact on the natural habitat of the area, taking advantage of all the natural and existing breaks in fuels, and providing for the aesthetic values of the scenic corridor along Highway 89. The perimeter fuel break which meanders along the exterior property lines is designed to take advantage of those areas that already have the characteristics of desirable fuel breaks. All improvements, such as roads, golf course, Interstate 80, Highway 89, and natural cleared openings will be utilized and incorporated into this Fuel Modification Plan in order to limit the loss of native plant species and to enhance and maintain the natural habitat. This Fuel Modification Plan may be incorporated into the scenic corridor characteristics of Highway 89, in order to maintain the aesthetic values that currently exist. This Plan is being developed for the Truckee Fire Protection District, as a condition of the Grays Crossing Development Use Permit. There will be a minimum of 100 ft. wide fuel break around the perimeter of the development, as well as interior fuel breaks along the road system, to prevent the spread of fire both horizontally and vertically. There is one exception to the minimum 100 -ft. width in the area on the western boundary of Phase I, in which there is insufficient width between the property line and the lots to provide for the 100 -ft. break. In this area, Lots #1 thru #13 and Lots #23 and #24, will have their fuels modified to provide for a fire -safe defensible space. Fuel modification entails the clearing or modification of ground cover, providing access for fire trucks and emergency personnel (where possible), removing all of the dead limbs and dead trees, removing some live limbs for ground clearance, removing some of the smaller trees (known as ladder fuels), as well as spacing the larger trees. As recommended by the Natural Resources Conservation Services, a minimum distance on slopes 0% to 20% is fifteen feet between tree canopies. (This is a general statement, and if there is wider spacing directly adjacent to the group of trees it is not Grays Crossing Fuel Modification Plan (continued) necessary to provide the 15 -ft. minimum). There are in some cases clumps of trees which will not have the 15 -ft. spacing between crowns. The fuel break width will vary depending upon the slope of the terrain and density of trees and fuel. The minimum fuel break width will be 100 ft., with a maximum of 200 ft. width. Generally, on level to 20% slopes, the widths will be as follows: On 0 -20% slopes, 100'; slopes 21 -40 %, 150'; slopes 41- 60%, 200'. In addition, as part of this Fuel Modification Plan, there are recommendations for providing a defensible space around dwellings and other improvements, which also requires fuel modification. Many of the lots will have fuel modification activities by chipping dead limbs and dead trees, as well as some small trees. This will add to the defensible space around homes, creating a fire -safe environment. The following is a summary of the current conditions as exist on the ground, and the proposed fuel modification for Grays Crossing. For Phase I (the west side of Highway 89 and to the north of Alder Drive): Current Conditions. Vegetation and forest conditions on the site consist of white fir and Jeffrey pine, mixed with some lodgepole pine, ranging from open -grown to dense stand of various age and size classes, with low sagebrush ground cover. This ground cover is generally less than eighteen inches in height; therefore, it is not considered a ladder fuel and does not need to be removed. There are large openings between the denser pockets of trees that would help impede the rapid spread of fire. Generally the forest stand has one to six dead snags per acre, some dead trees and large down woody debris; therefore, its' current condition is Moderate as relates to fire safety and defensibility. Due to the short growing season, once the forest fuel break modifications are in place, fuel breaks should remain in a fire -safe condition with moderate levels of maintenance activities necessary. Where areas have bare mineral soil and brush removed in construction of the fuel break, the use of clearing or herbicides would be used to maintain current fire -safe conditions. In addition, trees that die, or dead limbs, should be removed periodically to maintain the fuel break characteristics. Fuel Modification Plan for Phase I: Phase I describes the 186 -acres west of Highway 89 and north of Alder Drive. Highway 89 will provide good emergency vehicle access and a break in the fuels. A 100 -ft. fuel break will be constructed within the scenic corridor along an existing road. The road Page 2 of 7 Grays Crossing Fuel Modification Plan (continued) will provide access off of Hwy. 89 to emergency fire vehicles, and make for a defensible line between the Highway 89 and the homes in Grays Crossing Development. The fuel break will be a minimum of 100 ft., and may be wider depending upon slope, to provide fire protection for the development. Along the southern boundary of Phase I, Alder Drive will be incorporated providing a portion of the perimeter fuel break of 100'. A paved bicycle trail will be constructed in the fuel break, as a requirement of the subdivision, adding additional breaks in the vegetation. Along the western and northern boundaries, between adjacent lot ownerships, a 100' to 200' fuel break will be created where possible. As mentioned above, there is an area wherein construction of the 100' wide fuel break is not possible. Along this boundary, there are openings that are void of conifers, which will increase the defensibility of the entire fuel break along this line. This completes the plan for a contiguous perimeter fuel break which provides defensible space by taking advantage of existing roads and improvements along with fuel modification efforts. In Phase I, in conjunction with the perimeter fuel break, the Grays Crossing Development plan will incorporate interior fuel breaks along the subdivision road system to provide for a more fire -safe community. Phase II (east of Highway 89 and north of Interstate 80. Current Conditions. Vegetation on the site consists of Jeffrey pine, lodgepole pine, and an occasional white fir. Some of this is open -grown pine forest, to dense forest conditions, with varying age and size classes. Most of the entire area has low sagebrush ground cover that is less than 18" in height. Unlike Phase I, there are many large openings void of tree cover which will help impede the rapid spread of fire. Generally, the area has many dead lodgepole pine snags, some dead trees, and large quantities of down woody debris. Current conditions are Moderate as relates to fire danger and defensibility. Page 3 of 7 Grays Crossing Fuel Modification Plan (continued) Phase II Fuel Modification Plan: On the northern boundary of Grays Crossing Development, there will be a meandering 100 -ft. wide fuel break constructed along the back boundary of the lots. The lots will have fuel modification activities completed, as well, which will add to the overall width of the fuel break. There will be vegetative management in this area to remove ladder fuels, small trees, dead material, along with pruning of dead limbs, to make this a defensible space. Along the western boundary of Phase II is Highway 89, which provide a fuel break. An additional 100 -ft. wide fuel break will be constructed along the back side of the lots. In the area that does not contain lots, and goes across the swale, the 100 -ft. wide fuel break will be constructed along Highway 89. After crossing Prosser Dam Road, the fuel break will be incorporated into the shopping center and multi- family dwelling units. Highway 89, with the proposed fuel breaks along the development boundaries, will provide for several defensible spaces to stop the spread of fire. Along the southern boundary of Phase 1I is Interstate 80. This provides for approximately 200 ft. in width, plus the clearing. on the north side of the interstate for power lines (which is void of vegetation). This flat terrain and close proximity to Truckee Airport aids in access for fire suppression crews and emergency vehicles. 1 -80 corridor has been used in the past for a fuel break for setting backfires and other fire suppression activities. In addition, there will be a new transmission line installed along with the existing power lines, increasing the width of the easement by 50 ft. All vegetation underneath the lines will be modified, providing a break in the fuels. Golf course fairways #12, #13, #14 and #15 will add an additional layer of protection to the homes in Grays Crossing Development. The eastern boundary consists of a dirt road system, approximately 24' in width, which is down to bare mineral soil. Excepting a few small areas, the entire length is void of conifer species and vegetation excepting low sagebrush. This provides for a natural fuel break, and very limited amounts of vegetation management will be required to provide for fire safety. Golf course fairways #16 and #17 provide for additional protection. This completes the plan for a contiguous perimeter fuel break, which provides defensible space by taking advantage of existing improvements along with some planned fuel modification. The fuel break will be be Page4of Grays Crossing Fuel Modification Plan (continued) generally a minimum of 100 ft. in width, where possible, and in some areas 300 ft. in width. As can be seen on the map, the golf course encompasses the lots and other improvements. The golf course will provide over 100 acres of green non- combustible turf in a horizontal pattern, with a minimum width of 200 feet. This will surround future homes and structures, and in many cases the future dwellings will have the green fairways as a buffer providing fire protection in their back yards. Cart paths will provide a break in ground fuels, and there is planned fuel modification activities taking place between the holes and along the cart paths. In these areas the same type of modification activities (removing dead branches and trees, tree spacing, and removing down woody debris) will be completed without disturbing the natural vegetation. Pruning of dead limbs from all areas in fuel modification activities will be done with a boom truck, which can stay along the main roads, reaching out 70 feet. These modification practices will be scheduled simultaneously with the golf course construction. The golf course, void of trees within the fairways and greens, makes a very effective fuel break which will always be maintained. Roads throughout the Grays Crossing Project add an additional break in fuels that will significantly help fire suppression personnel in case of an emergency. All of the road segments along the eastern boundary, and some segments in the interior of the development, will have fuel modification activities take place to add additional fire protection and another line of defense should major wildland fires occur. Along the roads shown on the attached map, fuel modification efforts such as removing dead trees and limbs, ladder fuels, down woody debris, as well as spacing of trees, will be completed to provide a fire -safe environment. This can be accomplished with minimal amounts of ground vegetation disturbance. All the vegetation removed from the fuel breaks will be chipped and used in landscaping activities or removed to fuel an electric co- generation plant in Loyalton. Providing a fire -safe environment for owners and visitors to the planned Grays Crossing Resort Community is a high priority. We feel that the efforts listed above will provide a fuel break with good access for emergency personnel and equipment, in case of wildland fires. Fuel Modification Maintenance Plan. The perimeter fuel break, where vegetation is being modified, will require different aspects of maintenance Page 5 of 7 Grays Crossing Fuel Modification Plan (continued) in the future to preserve its' fire -safe status. Both in Phase I and in Phase II, along the modified fuel break, dead trees and openings will need to be maintained. There may be a need for some type of future clearing or herbicide use may be necessary to provide for a break in the ground fuels. Annually, the area should be patrolled for dead trees or branches and down woody debris. Any debris that develops from these activities will be chipped and used for landscaping purposes, or scattered in areas that need erosion control. In addition, shrubs over eighteen inches should be pruned or removed. Defensible Space Around Structures. Nevada County has a history of wildland fires. Many homes and other structures have been destroyed as a result of catastrophic fire. Creating a defensible space around a home or structure is required by section 4291 of the California Public Resources Code. The law states that any person that owns, leases, controls, operates or maintains any building or structure in, upon, or adjoining mountainous area or forest - covered lands, brush covered lands, or grass covered lands, or any land which is covered with flammable material, shall maintain around and adjacent to any such building or structure additional fire protection or fire break made by removing all brush, flammable vegetation, or combustible growth which is located from 30 feet to 100 feet from such building or structure or to that property line, whichever is nearer, as may be required by the director if he finds that, because of hazardous conditions, a fire break of only 30 feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet form such building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. There are many ways to help create and maintain defensible space directly adjacent to homes, by selecting fire -wise plants for green landscaping. The brush, even though less than 18 inches in height, will still carry fire to a structure. This vegetative material must be cleared within 30 feet of the structure, and interrupted out to 100 feet or to the property line. Following are removal guidelines for providing a defensible space: Page 6ofTr Grays Crossing Fuel Modification Plan (continued) I. Branches. Remove lower branches up to at least 1/3 of the tree height when understory vegetation, small trees are present. 2. When no understory vegetation is present, remove lower branches to a minimum of six to eight feet from the ground. 3. Lower branches of shrubs should be removed to provide at least twelve inches of separation from ground fuels. Defensible Space Plan. 1. Remove dead vegetation and break up the continuity of brush species. 2. Eliminate ladder fuels and lower limbs of trees. 3. Replace shrubs with low ground cover. 4. Reduce continuous brush field to individual plants or small clusters at least fifteen feet apart. 5. Use driveways, paths and trails to break up plant continuity. Natural contiguous stands of trees and other natural vegetation located outside of the defensible space shall not be removed, to preserve natural habitat; however, dead material and ladder fuel modification are encouraged for fire prevention. Included is a copy of the Defensible Space Requirements and Suggestions, by the Fire Safe Council of Nevada County. Page 7 of 7 , . I _ . . ' . . MII-G-1 . , .., IltIc11 .. . / / ' 1.11,11c1 r ________ __ _ _______ , „„,„ .; n .....,„. "v $7 Z ........—■........... ....... ...— ■--.---. A 1 11 I FM •, 1 • ‘t Ora 1 e 3/4‘ /IN XIIC MO I 1c-37o-19 ..“ ii GRAYS CROSSING ': 1 , N •N 1 I I • , . \ : .. 1 :,, \ n I a-11-4 e N • Phase I - Fuel Modification 1 -.... 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GRAYS CROSSING / � 1 -- ;: r. / :�1 fr." x Wit.. t // Phase II - / OS — � F , Fuel Modi Pl. PAR c � � ./ /^ 2 / ��'ITI / ' Fuel Brea ca v .< CEL . ( \ sil f� - ia '/` / \ ' � _ e. i 1 , il/ i a � / G }idle" }idle" : s co i (iB vxal/BLDG) .___. _. .. �✓v��� ai.� ✓ate,. rHVC J. /0.6 Truckee Fire Protection District Board of Directors . Of Nevada County LJQYd P. Everett r .. v; .•�.. K. Jerry Goulding .•" 9 -' ; Michael D. Mohr ';? 3' �_•�. r Fire Chief Fire Manilla' Josepb F. Straub, Jr. y M ichael 5. Terwilliger Robert W Bena Gary W. Waters • • March 23, 2004 Mr. Larry Rieger . • Sierra Resources Inc. 13026 Madrona Leaf Court Grass Valley, Calif 95945 Re: Gray's Crossing, Truckee California Dear Larry, . The Fuel Modification Plan as submitted to the Truckee Fire Protection District for the above referenced project is acceptable. . If you have any questions or need additional information please call me at 582 -7853. Sincerely, Ibtrizr �. ,--0-- Bob Bena, Fire Marshal Truckee Fire Protection District • 10049 Donner Pass Road • Post Office Box • Truckee, California 96160 • (530) 582.7850 • FAX (530) 682 -7854 S Truckee Fire Protection District Board of Dire tors Of Nevada County Lloyd P. F °e'"" - +3 �°'° a. �•� K. Jerry Couldlex h Fire Chief Fire Marshal Joseph F D. Mohr �r Michael S. Te rui l k'p er Robert W. Bena Joee F. Straub, Jr. 4247sgSb Gary W IS uurc • October 25. 2004 Mr. Larry Rieger Siena Resources Inc. 13026 Madrona Leaf Court .. Grass Valley, Calif. 95945 273 -1473 Re: Gray's Crossing, Phase 1/ The Bluff's • Dear Lany, , • The completed Fuel Modification for the above referenced project Ls acceptable to the Truckee Fire Protection District. if you have any questions or need additional infonnation.piease call me at 582 -7853. • Sincerely, Bob Bens, Fire Marshal Truckee Fire Protection District • • • • 10049 Donner Fava • Post Office Box 2788 • Truckee, California 96160 • (580) 582-7850 • FAX (530) 932 -7684 OCT. 2005 5 :24 EAST 'ST CAR �CT2 27. �:i. i.1;'M _nil 'Nt�:; „�,INRS I NO. a 05 r'. 2/2 Truckee Fire Protection District Board of Directors l ' Of Nevada County Loyd P. Eve ett rd. r �"` -. 1 � K. JarryGoulr1'ng ^'" I Michael D. Mobr �;; Fire Ch ie f Fire Marital yr Josepb E. Straub, Tr. ��"` s ' Michael S. TenvlLber Robert W. Rena y W; Waters October 5, 2005 Mr.:[ arry Rieger Sierci Resources Inc. 130;:5 Madrona Leaf Court Gras Valley, Calif. 95945 273.. 473 Re:(fray's Crossing, Phase 2 Du r Lamy, The r;ompleted Fuel Modification for the above referenced project is acceptable to the Truer cce Fire Protection District_ If ycr 3 have any questions or need additional information please call me at 582 -7853. Sines rely, Bob Rena, Fire Marshal True 'tee Fire Protection District 10049 Donn.er Pass Road • Post Office Box 276E • Truckee, California 96160 • (500) 582-7950 • FAX (580) 582 -7854 75th :laawerenry /1 4 1 Y 1/ / 1927-2002 TRUC 1 -ONNE R • mom_ ' April 4, 2003 c - %ur16V =ptTacr Heidi Scoble, Associate Planner Setthw Standard(' of Excellence Town of Truckee Planning Department 10183 Truckee Airport Road Truckee, CA 96161 BitLzeos Ofke 11570 Donner Pass Road Truckee, California SUBJECT: Gray's Crossing, AKA Planed Community 2 EIR Madaug;lddrre.' Dear Ms. Scoble: Post Office Box 309 - - Truckee California 96160 As addressed in a letter dated January, 14, 2003, the Gray's Crossing /Planned Community 2 EIR is being prepared. Your letter requested confirmation of water Telephone availability per Senate Bill 610 and 221. (530) 587 -3896 www.tdpud.org The District on October 1, 1999 issued a letter to the town stating that the District had sufficient water resources available to supply water to the PC2 development as proposed in 1999. In 1999 the latest Master Plan for the Water System was last updated in 1995 by Sauers Engineering Inc. This Master Plan reviewed current and future needs for the service area, which included PC2. With the supplies available from the sources in the area, it was concluded in 1999 that, the District can meet all demand for this service area including all demands during multiple dry years. The District updated its water master plan in 2001. The 2001 update of the District's Water System Master Plan was based on the Town of Truckee's General Plan in place in at that point in time. The 2001 Water Master Plan Update projected usage at the maximum densities allowable under the Town's General Plan. The 2001 Water Master Plan update addressed the water supply needs for the Prosser, Prosser /Heights, Prosser /Lakeview and PC2 area. The District's update to the Master Plan included addressing all of the elements to inter -tie all of the service areas, which will further reinforce the Districts ability to provide service to this area. The District has water supplies available to these areas, which include the currently available source of supplies that will meet all water demands for the PC2 development area including multiple dry years. The District in 2000, commissioned Nimbus Engineers to conduct a second study of Ground Water Availability in the Martis Valley Ground Water Basin. A final report was presented to the District in February of 2001. The report concluded BOARD OF DIRECTORS 'wept; R. tlgaena that the Martis Valley Ground Water Basin has sufficient water available to meet J. Ronald Henug the District's service areas maximum build out demands in a worst -case multiyear Janes el. ai':.,.'o drought condition. Patric S. Sutton iW/,,n Van Gandy GENERAL MANAGER Peter L. Ho4-nzeieter 75thAnni eniary 1927 -2002 TRUC fl Q N N E R The Gray's Crossing project / PC -2 is within the water service area of the Truckee Donner Public Utility District. The Districts Master Plan anticipated the build out of the PC -2 site at the density shown on the Town of Truckee's General Plan. • The density proposed for the Gray's Crossing projectis less then anticipated in 110g16•tatalrvr =aFs the General Plan and TDPUD Master Plan. Setting Standards of Ercellence The District has capacity to serve this project and the facilities needed to convey water to this site are available and/or will be improved in conjunction with ermined.) Office development of this project. 11570 Donner Pass Road Truckee, California The on and off site water line and storage facilities needed to convey water [Dreilirrg Addrmd service to the site will be constructed to District standards in accordance with the Post Office Box 309 Truckee provisions and specifications outlined in the District's Master Plan. California 96160 Attached is a Compliance Study for S.B.610. The conclusion from this Te/ephone Compliance Study is that, the District has water available for this project, future (530) 587 -3896 demands for the District's service area, and water resources for multiple dry years www.tdpud.org during a 20 year projection. Therefore per the requirements of Senate Bill 610, Water Code section 10910 the District concludes that sufficient water is available for the Gray's Crossing Development. Sincere , Ed Taylor Water Utility Manager • BOARD OF DIRECTORS Joeeph R. Agaer'a J. Ronald Honig Jaared el. Aimee Patricia S. Sutton Netean Urn Gandy GENERAL MANAGER Peter L. Holxnreriger Truckee Donner Public Utility District S.B.610 Compliance Study The purpose of this report is to provide the information required for the EIR by SB 610 for water supply for the Gray's Crossing project. The District presently has approximately 10,900 service connections, and does not have an Urban Water Management Plan at this time. The information provided in this report is taken from the District's Water Master Plan Update dated March 2001. Water Demand The District's existing and anticipated future demands are listed in Table 1. Supporting data for the existing and projected demands in the Truckee area summarized in Tables 3 -8 through 3 -11 from the Master Plan, copies of which are included in the Appendix. The Gray's Crossing project is located in the Truckee area of the water system. The water systems in the Donner Lake and Glenshire areas were acquired after preparation of the Master Plan. The District has prepared water demand projections for these areas which are also summarized in the Appendix. Buildout conditions are expected to occur within the next 20 to 25 years and the water demands of the proposed project, Gray's Crossing, are expected to account for about four percent of the District's total water demand at buildout. Table 1. Existing and Projected Water Demands Annual Average Day Maximum Day AF /year Demand, mgd Demand, mgd Donner Lake - 2002 806 0.72 1.35 Glenshire - 2002 919 0.82 1.85 Truckee - 2002 5,523 4.93 8.95 Anticipated Gray's Crossing Demands 1,109 0.99 1.90 Anticipated Future Demands - Donner Lake 269 0.24 0.47 Anticipated Future Demands - Glenshire 347 0.31 0.86 Anticipated Future Demands — Other Truckee 5,410 4.83 10.11 Total Demands at Build Out 14,383 12.84 25.49 Water Supplies The District currently has ten active wells and two inactive wells in the Truckee area. There are an additional eleven active wells and one inactive well in the Glenshire area and three inactive wells in the Donner Lake area. All of the active wells are equipped with disinfection facilities utilizing liquid chlorine. One additional well (Donner Creek Well) is used for supplying irrigation demands and is not connected to the District's potable water system. The wells are located at various locations throughout the distribution system. Page 1 At the time of its acquisition by the District in May 2001, the Donner Lake Water System was served by three small groundwater wells, the Donner Lake Intake Pump Station and Greenpoint Springs. Since that time, the three wells have been placed into inactive status and the Intake Pump Station has been upgraded from about 300 gpm to 1,400 gpm in capacity. The Greenpoint Springs continue to supply between 100 and 300 gpm to the system. Due to the configuration of the distribution system, surface water drawn from Donner Lake and Greenpoint Springs cannot be utilized outside the Donner Lake area. The water supply capacity available from the foregoing sources is given in Table 2. Based on recent studies of the local groundwater supplies, it is expected that multiple dry years will not have an impact on the available groundwater supplies. Table 2. Water Supply Availability Under Normal and Dry Years Name Normal Single Dry Year Multiple Dry Year Supply Capacity, Supply Capacity, Supply Capacity, gpm gpm gpm Donner Lake Intake 1,400 1,400 1,400 Greenpoint Springs 200 150 100 A Well 200 200 200 Airport 2,300 2,300 2,300 Glenshire Drive 2,000 2,000 2,000 Martis Valley Well No. 1 1,750 1,750 1,750 Northside 850 850 850 Prosser Annex 530 530 530 Prosser Heights 350 350 350 Sanders 300 300 300 Southside No. 2 230 230 230 Well No. 1A 60 60 60 Well No. 9 79 79 79 Well No. 10 240 240 240 Well No. 11 262 262 262 Well No. 12 163 163 163 Well No. 14 25 25 25 Well No. 15 67 67 67 Well No. 17 88 88 88 Well No. 18 190 190 190 Well No. 19 98 98 98 Well No. 20 560 560 560 Total, gpm 11,942 11,892 11,842 Total, mgd 17.2 17.1 17.0 Note: The 2,000 gpm capacity of the Glenshire Drive Well is based on the new pump purchased during the Winter of 2002 -2003. Comparing the values in Table 2 to the existing demand shows that the District currently has adequate long -term supply capacity to meet existing demands. Additional groundwater production capacity is needed to provide backup capacity in the event of a Page 2 failure of one of the existing wells. An additional 8.5 mgd of capacity is needed to meet the projected maximum day buildout water demands Water Rights The District owns 990 AFY of surface water rights in Donner Lake. No studies have been conducted on the long -term availability of water from Donner Lake or the Greenpoint Springs over multiple dry years. However, the District's water rights are considered superior to other rights holders and it is expected that the District's ability to withdraw water from Donner Lake would not be impacted by even a multiple dry year scenario because of the primacy of the water rights. It is assumed that water available from the Greenpoint Springs would be reduced by 25 percent under a single -dry year and by 50 percent under a multiple dry year scenario. Capital Outlay Program The 2001 Water Master Plan Update identified the need for construction of seven new wells along with capacity upgrades to two of the existing wells. Capacity Upgrades to the Prosser Annex and Glenshire Drive Wells were also identified in the Master Plan. A new pump and motor was purchased for the Glenshire Drive Well during the Winter of 2002 -2003. This new pump has a capacity of greater than 2,000 gpm and is expected to be in service by May 2003. More thorough analyses of the Prosser Annex Well have indicated that upgrading of the well is not recommended at this time. The District is actively pursuing construction of additional water supply wells. During the Fall of 2000, test wells were constructed just north of the Truckee Airport and just south of Interstate 80 at the Prosser Village exit. Based on the analyses of the test well, the Martis Valley Well No. 1 was constructed just north of the Truckee Airport in the Spring of 2001. This represents the first well constructed under the CIP program identified in the Master Plan. During the Summer of 2002, the District conducted geophysical testing at a number of locations north of Interstate 80 to further investigate the geology of the groundwater basin. During the Fall of 2002, a test well was constructed just north of Alder Drive and west of SR 89 north. The geology at this location proved unfavorable for construction of a large municipal supply well. The District's 2003 budget calls for the drilling of additional test wells during the Summer of 2003 and it is expected that a new well will be constructed during the Fall of 2003, once a site has been identified. Construction of a second new well is expected for the Summer of 2004. The additional four wells indicated by the Master Plan would be constructed at an interval of about three years thereafter. Page 3 The District anticipates that all of these new water supply facilities will be financed by developer contributions. Permits and Approvals The District's current water supply permit from the Department of Health Services will have to be amended to include new wells connected to the system. Groundwater Basin Description The Martis Valley Groundwater Basin has not been adjudicated, nor has the Department of Water Resources determined that this basin is over - drafted. No plans are being initiated at this time to avoid future overdraft. The most recent information available on the Martis Valley groundwater resource is a groundwater availability study of the Martis Valley aquifer system prepared by Nimbus Engineers in 2001. An independent appraisal of the Martis Valley Ground Water Availability was conducted By Kennedy /Jenks Consultants in December of 2002. This study concurred with the Nimbus Engineers 2001 study findings. The following information was obtained from the Nimbus report: 1. The Martis Valley Aquifer System is comprised of a shallow, unconfined aquifer with a deep confined aquifer. 2. The aquifer units are comprised of sediments and volcanic rocks. 3. The underlying fractured bedrock formations are believed to provide only negligible amounts of groundwater. 4. Average annual basin -wide groundwater flux is estimated at 34,800 AFY. Including the following recharge and discharge components: a. Groundwater recharge generated in the Martis Valley proper has been estimated at 23,744 AFY. Additional groundwater transfer into Martis Valley occurs from the area immediately to the south. b. Groundwater discharge is mostly into the Truckee River, Prosser Creek Reservoir, and Prosser Creek, with groundwater discharge into the Truckee River estimated at 18,793 AFY. 5. In a normal rainfall year, approximately 24,700 AFY of groundwater is available without depleting the estimated 484,000 AF of groundwater storage in the Martis Valley Aquifer System. Page 4 i . .__ e _ _ • D an A -.{ • - I- A —__ M Fuwre BUtt ro.rnsn • wrNlwtt.v ry a - / lords Mandl Ai m all IMMEINal 41. et a .1'aaa N W nth a=900 inho . nton1 Hopkins C� WowlR & 11 Mar Ranch Ranch Wad's Ranch Nothing Sterna Media Vag �' �' son= �i:.;•oca• • o.occ, EeObvraad and 2Andows allay T xtatb ;r • N.veda l' o • oaad •Ta , • - :its r. j Ranch PUO Gtamhlta 73101 Told v a • anlalfe, od.ttn 3 a 508 7pp �n °° AFA 09 ``1.0110 109 y30 Cownaclel It2' 33 M 120300 � - 250 3013 1,224 366 - 1 8 1.735 m - - C oll� c raa 95hde� 300 300 20 2 59 - - -� 436030 5g ip _ 7893DD M.33H m mem WO 1 0D Sill �a - - - - _ 1645 1 5 m - Z00 460 40D • 8M6 510 erea ��� M IIIII :j _ • 40 73,0110 M3D3 �0 1 144 _ '� 140 754 93 p D80 21440 0 /anit H'�rr a?e =50D !p . �� - /aril unit 4 of .:: m0 u la hole etalrate ,: sabot =30 ,v MIMS s comet Includes a = ns n n o c ourse = • = unlesaalhennlse . hob :all amuse =100 acra•laa • Minlal Po n • . Q z S ou rc Q� 9a \ �a P G w [� 0 Y . Avne l Z • Z ©o2 • Zd1 o GI CC T PROJECTED WATER DEMAND IN MARTIS VALLEY AREA The most recent projection of future water demand in Martis Valley is a spreadsheet prepared by Mai Toy of Placer County Water Agency on June 12, 2002, copy included in the Appendix. Total future water demand at buildout is projected to be 21,440 AF /yr. Assuming all of this is supplied by the Martis Valley aquifer system, the available groundwater appears to be sufficient to supply projected water demands at buildout, with a surplus of 3,260 AF /yr in a normal rainfall year. DISTRICT'S WATER DEMAND AND SOURCES At build -out, the District projects the total water usage from groundwater production and surface water of 14,383 AF per year. This total demand for the District is 400 AF per year more than what was projected in the in the June 12, 2002 usage projection by Mal Toy. This additional demand is from the Donner Lake Area and is offset by 990AF of surface water. The District's available and planned water resources consist of 990 AF of surface water, and 13,393 AF of ground water from the Martis Valley Water Basin. Of the foregoing groundwater amounts, the proposed project, Gray's Crossing has a projected usage of 1,109 AF per year. This is base off of the District's 2001 Water Master Plans PCII usage projections. SUFFICIENCY Based on available information, it appears that the Martis Valley aquifer system has sufficient capacity to supply not only the proposed project plus the future demand at build -out for the Truckee Donner PUD, but for the entire development within the Martis Valley. Page 5 D - 0 CD n a Note: Tables 3 -8 through 3 -11 are taken from the 2001 Water Master Plan Update Table 3 -8. Existing Average Day Water Demand by Planning Area Residential Commercial I Total, Planning Area 1 Demand, mgd Demand, mgd mgd Downtown 0.12 0.17 0.29 Gateway 0.19 0.26 0.45 Northeast 0.41 0.05 0.46 Southside 0.51 0.02 0.53 Tahoe Donner 2.27 0.08 2.35 Total 3.50 0.58 4.08 Table 3 -9. Buildout Average Day Water Demand by Planning Area Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Downtown 0.51 1.96 2.47 Gateway 0.57 0.75 1.32 Northeast 0.97 1.42 2.39 Southside 1.05 0.09 1.14 Tahoe Donner 3.32 0.11 3.43 1 Total 6.42 4.33 10.75 Table 3 -10. Existing Maximum Day Water Demand by Planning Area Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Downtown 0.22 0.36 0.58 Gateway 0.34 0.55 0.89 Northeast 0.76 0.10 0.86 Southside 0.93 0.05 0.98 Tahoe Donner 4.15 0.17 4.32 Total 6.40 1.23 7.63 Table 3 -11. Buildout Maximum Day Water Demand by Planning Area Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Downtown 0.94 4.14 5.08 Gateway 1.05 1.59 2.64 Northeast 1.79 2.99 4.78 Southside 1.93 0.16 2.09 Tahoe Donner 6.14 0.23 6.37 Total 11.85 9.11 20.96 Page 7 Table A -1. Existing Average Day Water Demand, Donner Lake & Glenshire Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Donner Lake 0.66 0.04 0.70 Glenshire 0.75 0.02 0.77 Table A -2. Buildout Average Day Water Demand, Donner Lake & Glenshire Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Donner Lake 0.92 0.04 0.96 Glenshire 1.11 0.02 1.13 Table A -3. Existing Maximum Day Water Demand, Donner Lake & Glenshire Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Donner Lake 1.25 0.06 1.31 Glenshire 1.79 0.06 1.85 Table A -4. Buildout Maximum Day Water Demand, Donner Lake & Glenshire Residential Commercial Total, Planning Area Demand, mgd Demand, mgd mgd Donner Lake 1.75 0.07 1.82 Glenshire 2.65 0.06 2.71 Page 8 - 11111111111111111111111 '11111111111111111111111111 rra- a )F RECORDED AT THE REQUEST OF Nevada, County Recorder AND WHEN RECORDED MAIL TO: Kathleen Smith DOC— 2005 - 0048506 -00 Sara Owens Tuesday, DEC 06, 2005 09:00:00 Contract Administration Clerk NOC $0.00: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Ttl Pd $0.00 Nbr- 0000414060 Post Office Box 309 ENM/EM/1-4 Truckee, CA 96160 THE UNDERSIGNED DECLARES Documentary transfer tax is $0 APNs 19- 370 -17 & 19- 370 -18 OFFER OF DEDICATION AND ACCEPTANCE The undersigned hereby conveys, transfers and dedicates all rights, title and interest in and to those certain electric and water system appurtenances more particularly described in the Agreement by and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT and GRAY'S STATION, LLC, a Delaware limited liability company, copies of which are on file in the District office, located in Truckee, Califomia, relating to the improvement and development of Assessor's Parcel Number 19- 370 & 19. 370 - 18 to: TRUCKEE DONNER PUBLIC UTILITY DISTRICT, assuring and warranting to said District that the system is free and clear of all liens, encumbrances and other expense. The undersigned has constructed or caused the construction and installation of the electric and water system and improvements described in said Agreement and does hereby assure and warrant to TRUCKEE DONNER PUBLIC UTILITY DISTRICT that the contractors, subcontractors, employees or agents of Developer has been fully and completely paid and there exists no liens, encumbrances, stop notices or claims on the electric and water system improvement facilities or by any of the subcontractors, employees or agents against the improvement facilities constructed pursuant to the terms of the Agreement or against TRUCKEE DONNER PUBLIC UTILITY DISTRICT. / Date Gray's Station, LLC, a Delaware Limited Liability Company By: East West Resort Development V.L.P., L.L.L.P., A Delaware Limited Partnership as a member and manager. By: HF Holding Corporation, a Colorado Corporation as its general partner B e ) �1 (Signature) G ��// ,At Vi n,, k 2c7 (Printed name and Title) MAIL TAX STATEMENTS TO: SAME AS ABOVE 04 8506 State of Califomia ) County of 4uaof 1 On 1 / 2 efore me, acif-42.-- L � -7! ndei.- personally appeared j t ( fl oM� -'- persso n ally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness ny hand and official ear. [if Notary blic • VIRGINIA AUEE Mj! Commuelon N 1476179 71 Notary Public - CaBromla i y ij Nevada County ` M YCamm _oda, Mm,J_ 2 A 048506 ACCEPTANCE This is to certify that the electric and water system improvements conveyed by this document to the Truckee Donner Public Utility District, a local public agency of the State of California, are hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by Resolution No. 9003 adopted on January 2, 1990. Further, subject to any warranty obligations of developers, District agrees that it shall hereafter own, maintain and repair the electric and water systems described in the agreements referred to above. S Ma Peter L. Holzmeister, General Manager TRUCKEE DONNER PUBLIC UTILITY DISTRICT State of California ) County of Nevada ) On l 'tem &.r ) aoo5, before me, Sara Yfa -e-r , personally appeared PETER L. HOLZMEISTER personally known to me : :: : •• :: • • o c . _'. a _ .: • _ - • - to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. a a R • � a — a a . SARA MAYER Commission N 1386834 WWII a Notary Public - COiifornla Notary Public EAr, 1 1 zr Nevada County MyCamm. EmiresNov24.2Q16 048506 GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Sara Mayer Date Commission Expires: Nov 24, 2006 Notary Commission Number; # 1386834 Manufacturer or Vendor Number. NNA1 (located on both sides of the notary seal border) County and State of Commission: Nevada County, CA Date: Jere be/t / a o oS //� Signature (Firm name, if applicable) h:govcode.dot END OF DOCUMENT rt�1M y !l,! Truckee Donner Public Utility District Board of Directors Joseph R. Aguera J. Ronald Hemig • Business Office (530) 587 -3896 FAX (530) 587 -5056 Patricia S. Sutton Tim Taylor William L. Thomason General Manager Peter L. Holzmelster • January 22, 2007 Jeff Butterworth Truckee Land, LLC P.O. Box 2537 Truckee, CA 96160 To Whom It May Concern: Subject: Unconditional Acceptance of Water Facilities Gray's Crossing Phase 1, APN 19- 370 -17 & 19- 370 -18 The subject project meets the requirements necessary for Unconditional Acceptance (Section 15 of the Water Development Agreement) by the District's Water Department. If you have any questions, please call me at 582 -3927. Si e , • d for • Water Utility Manager c: Mike Connell, TDPUD Post Office Box 309 • 11570 Donner Pass Road • Truckee, California 96160 mid %/1/ 1 ' t IIIIUIIIII11IIIIII ll1111(1IIIIII1111(1111111 Er COPY Nevada, County Recorder Kathleen Smith RECORDED AT THE REQUEST OF DOC— 2006-0040482 -00 Monday, DEC 04, 2006 15:06:43 AND WHEN RECORDED MAIL TO: nwc $0.00:: Ttl Pd $0.00 Nbr- 0000472807 Sara Owens VJR/JR/1 Contract Administrator TRUCKEE DONNER PUBLIC UTILITY DISTRICT Post Office Box 309 Truckee. CA 96160 THE UNDERSIGNED DECLARES • Documentary transfer tax is $0 APN 19370 - 19,19-370- 20,19-370 -21, 19- 370 -22 819370 -23 OFFER OF DEDICATION AND ACCEPTANCE The undersigned hereby conveys, transfers and dedicates all rights, title and interest in and to those certain electric and water system appurtenances more particularly described in the Agreement by and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT and GRAY'S STATION, LLC, By Rich McConn, Project Manager, copies of which are on file in the District office, located in Truckee, Califomia, relating to the improvement and development of Assessor's Parcel Number 19- 370-19, 20, 21, 22 & 23 to: TRUCKEE DONNER PUBLIC UTILITY DISTRICT, assuring and warranting to said District that the system is free and clear of all liens, encumbrances and other expense. The undersigned has constructed or caused the construction and installation of the electric and water system and improvements described in said Agreement and does hereby assure and warrant to TRUCKEE DONNER PUBLIC UTILITY DISTRICT that the contractors, subcontractors, employees or agents of Developer has been fully and completely paid and there exists no liens, encumbrances, stop notices or claims on the electric and water system improvement facilities or by any of the subcontractors, employees or agents against the improvement facilities constructed pursuant to the terms of the Agreement or against TRUCKEE DONNER PUBLIC UTILITY DISTRICT. Date: 4/...f /y��c Gray's Staf n, LLC C / y � By Rick M Conn, Project Manager MAIL TAX STATEMENTS TO: • SAME AS ABOVE State of Califo is ) County of �+ eu&Ce On ld ()( ) °Q C , be ore me, v , a Notary Public, personally appeared ' C rnr , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witnes, s my hand and official seal. `l Signatur (Seal) neeenneeer �, VIRGINW yLLIEE • , �1 Commission # 1476179 Notary Public • Cattfomio _Y .�1 Nevada County o,,,, MyComm. Expires Mar 13, 2008 ACCEPTANCE This is to certify that the electric and water system improvements conveyed by this document to the Truckee Donner Public Utility District, a local public agency of the State of California, are hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by Resolution No. 9003 adopted on January 2, 1990. Further, subject to any warranty obligations of developers, District agrees that it shall hereafter own, maintain and repair the electric and water systems described in the agreements referred to above. '�. Sa Se A -C. Peter L. Holzmeister; General anager TRUCKEE DONNER PUBLIC UTILITY DISTRICT State of California County of t7i On 17ovr.nie4 Qa, ,2oo� , before me, r J2 ra [24J90 s , a Notary Public, personally appeared Pc Fdi L . 1lal� • sl e .( , personally known to me (or to be the persons) whose names) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her/their authorized capacity(ies), and that by his/her/their. signature(s) on the instrument the person($„ or the entity upon behalf of which the person(s),acted, executed the instrument. Witness my hand and official seal. �/ /� n, Sc 0 m 6834t Sinature (Seal) �r vi Notary Public — California $ 41 =7:re Nevada County My Comm. Expires Nov 24. 2006 asa3 RECORDING REQUESTED BY AND IIII III IIII III II IIII I II IIII I II VIII I IIII I III I IIII WHEN RECORDED MAIL TO: Kathleen Smith Truckee Donner Land Trust DOC— 2004 - 0051654 -00 Root 6- Fidelity National Title Co P.O. Box 8816 Monday, DEC 13, 2004 09:03:56 Truckee, CA 96162 - REC $10.00:CCF $2.e0;SBs $5.00 Attn: Perry Norris MIC $1.e0raur $6.00: Ttl Pd $24.00 Nbr- 0000347320 KLB /KB /1 -6 space above for records use only MEMORANDUM OF ASSIGNMENT OF RIGHTS AGREEMENT (PORTION OF COMMUNITY BENEFIT FEE) THIS MEMORANDUM OF ASSIGNMENT OF RIGHT AGREEMENT (PORTION OF COMMUNITY BENEFIT FEE) (the "Memorandum "), is dated as of December / , 2004, and is by and between TAHOE MOUNTAIN RESORTS FOUNDATION, a California nonprofit public benefit corporation ( "Assignor "), and THE TRUCKEE DONNER LAND TRUST, a Califomia nonprofit public benefit corporation ( "Assignee "). RECITALS A. Gray's Station LLC, a Delaware limited liability company (" Gray's Station ") is the owner /developer of that certain master plan community located in Truckee, California, commonly known as Gray's Crossing and more particularly described on Exhibit A hereto ( "Gray's Crossing "). B. Assignor and Gray's Station's predecessor -in- interest, Truckee Land LLC, a Delaware limited liability company ( "Truckee Land "), are parties to that certain Community Benefit Fee Agreement (Gray's Crossing), dated as of December 22, 2003, and recorded in the Official Records on December 30, 2003, as Document No. 2003 - 0067692 (the "Fee Agreement "). C. Pursuant to the Fee Agreement, Assignor is entitled to collect the Community Benefit Fee (as such term is defined in the Fee Agreement). D. In order to fulfill obligations related to the development of Gray's Crossing, Assignor has agreed to assign, for a period of fifteen (15) years, beginning on the date of the first transfer of a residential lot or undivided fractional interest in Gray's Crossing, and subject to certain limitations, Assignor's right to collect a portion of the Community Benefit Fee in an amount equal to 0.50% of the Purchase Price of each Transaction resulting in a Transfer, to Assignee, and Assignee has agreed to assume the right to collect such portion of the Community Benefit Fee. E. All capitalized terms used in this Assignment shall have the definitions assigned to such terms in the Fee Agreement unless otherwise defined herein. - • AGREEMENT NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignor hereby assigns to Assingee, for a period of fifteen (15) years beginning on the date of the first transfer of a residential lot or undivided fractional interest in Gray's Crossing, and subject to certain limitations, Assignor's right to collect a portion of the Community Benefit Fee in an amount equal to 0.50% of the Purchase Price of each Transaction resulting in a Transfer, and Assignee has agreed to assume the right to collect such portion of the Community Benefit Fee. 2. The specific terms and conditions of the assignment described herein are set forth in that certain Assignment of Rights Agreement (Portion of Community Benefit Fee) dated December / , 2004 (the "Assignment Agreement "). All of the terms and conditions of the Assignment Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, this Memorandum has been executed as of the date first set forth above. ASSIGNOR: TAHOE MOUNTAIN RESORTS FOUNDATON, a California nonprofit public benefit corporation By: Name: � �AI Mi tZw.uen� Title: �— ASSIGNEE: THE TRUCKEE DONNER LAND TRUST, a Californi onprofit ,public benefit corporation By: ` � Name: �e (7 ( ■D4 �>S Title: 1ff L+c-( r STATE OF CALIFORNIA ) COUNTY OF et On 11} 1 7 -e--- d� , before me, v `�- , the undersigned, a notary public for the state, 0 ' Persona y appeared r personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. reassasbashaadhant WRCAMAKLEE 4 7 s WITNESS my hand and official seal. ; ;; Notary camm Ptt C CaMamb ta�e ro Nevada Couay My Comm. FxpM Mar 13, 2008 ./ ,� /1/ (e-e— Name: Vrj ��4" NOTARY SEAL • • • • STATE OF CALIFORNIA ) COUNTY OF j4 On �. J t �O Y , before me, NjX , the undersigned, a notary public for the state, v Personally appeared ? j n `a UV known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VNtGIMA AUlE WITNESS my hand and official seal. t'1Ti`- Commwion 1 1/76174 J y -t P) ravoao Could Ca (( My n ._f Mari3,201 Print Name: " ' r9 n 4P-cc _ NOTARY SEAL • EXHIBIT A (Legal Description of Gray's Crossing) The land herein referred to is situated in the County of Nevada, State of California, and is described as follows: Lots I, 2, 4 through 12, 21 and 22 as shown on the Official Map of Boca Sierra Estates, Final Map No. 88 -11, filed in the Office of the County Recorder, County of Nevada, State of Califomia, on April 23, 1991, in Book 7 of Subdivisions, at Page 113. EXCEPTING THEREFROM all that portion of land as described in the Final Order of Condemnation Recorded May 2, 2000, as Instrument No. 2000 - 0012243, of Official Records for State Freeway purposes. ALSO EXCEPTING THEREFROM all that portion of Lot 22 as said lot is shown and so designated on the Official Map of Boca Sierra Estates, Final Map No. 88 -11, filed in the Office of the County Recorder, County of Nevada, State of California, on April 23, 1991, in Book 7 of Subdivisions, at Page 113, Nevada County Records lying West and Southwest of the land as described in the Final Order of Condemnation Recorded May 2, 2000, as Instrument No. 2000- 0012243, of Official Records. 5 Q FF q 0 0 y e • ` b FtF 9T LIFE EXP0 Po East West Partners MEMORANDUM To: Steve Randall From: Rick McConn e Date: October 3, 2005 Subject: Gray's Crossing Phase 2 Quimby Fee Steve, included herewith is Gray's Crossing, LLC check number 2758 in the amount of $286,485.00 payable to the Truckee Donner Recreation and Park District (TDRPD). This represents the Quimby Fee for Gray's Crossing Phase 2 calculated as follows: 195 Lots x $2,623 $511,485 Credit (225,000) Balance Due $286,485 This calculation is based upon paragraph 2. of the Agreement between Gray's and the TDRPD which states the credit is to be applied to fees as they become due. Please sign below to acknowledge receipt of payment. n (b /4/6 5^ Steve Randall RM:va Enc. • MAILING ADDRESS: P. O. BOX 2537 •TRUCKEE, CALIFORNIA 96160 PHYSICAL ADDRESS: 10164 DONNER PASS ROAD, SUITE 3 It TRUCKEE, CALIFORNIA 96161 PHONE 530.587.2222 FAX 530.587.2228 11 , ti /i / i X AGREEMENT THIS AGREEMENT ( _ eement ") is entered into as of December 8, 2004, between • GRAY'S STATION, LLC a Delaware limited liability company ( "Gray's "), and TRUCKEE DONNER RECREATION AND PARK DISTRICT, a municipal entity (the "District "). RECITALS A. The District provides recreation programs and park facilities for the residents of the Town of Truckee, California, and the surrounding community. B. Gray's Crossing development plans provide for the construction of 133 affordable housing units (the "Affordable Units "). C. The Town of Truckee, California (the "Town ") has adopted Section 18.92.095 (Parks and Recreation) of Chapter V of Title 18 of the Town of Truckee Municipal Code and has adopted Resolution 2001 -10 in order to implement the provisions of the Quimby Act (Cal.Gov.Code. §66477) (the "Quimby Ordinance "). D. The District and Gray's have reached an agreement with regard to the payment of Quimby Act fees /waivers /credits and AB 1600 fees as such fees/waivers/credits apply to Gray's Crossing. Such agreement is memorialized by this document. AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Waiver of Quimby Act Land Dedication and/or Fees. Pursuant to Paragraph G of Town Resolution 2001 -10 the District hereby waives the Quimby Act requirements for land dedication and/or in -lieu fees for the 133 Affordable Units to be constructed within Gray's Crossing. At current levels, such waiver represents $348,859 of in -lieu fees. Notwithstanding anything else contained herein to the contrary, the developer or builders of the Affordable Units shall be required to pay AB 1600 mitigation fees at the time building permits are issued for such units. 2. Quimby Act Credits. In recognition of the recreational amenities provided by the development of Gray's Crossing, the District hereby agrees to provide a $225,000 credit towards any Quimby fees to be paid by Gray's or its assignee. Such credits shall be applied to fees as they become 3. Miscellaneous Provisions. This Agreement (i) shall be construed in accordance with the laws of the State of California, with venue in the County of Nevada, (ii) constitutes the entire agreement between Gray's and the District, and (iii) may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The headings and captions of the paragraphs of this Agreement are for convenience and reference only and in no way define, describe or limit the scope or intent of this Assignment or any of the provisions hereof. If any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or I:JAS:OPEN MATTERS:EAST WEST:GRAY'S CROSSING:AGREEMENT [Park and Rec][Gray's Quimby Act](Redline 120704).doc GRAY'S CROSSING, LLC 27 5 8 ' UR REF NO. YOUR INVOICE NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET CHECK AMOUNT 002396 PH2 QuimbyFees 9/21/2005 286485.00 286985.00 0.00 286985.00 FIRSTBANK 2 7 5 8 AVON, CO 81620 GRAY'S CROSSING, LLC 82-399 -1021 • P.O. BOX 2537 TRUCKEE, CA 96160 CHECK DATE CONTROL NUMBER AMOUNT (530) 587-2222 9/28/2005 002758 * * ** *286485.00 Two Hundred Eighty -Six Thousand Four Hundred Eighty -Five and 00 /100 . 8' . PAY TO THE ORDER Truckee - Donner • OF Recreation & Park District AMOUNTS OVER $20,000R= TWO SIGNATURES 10046 Church Street Truckee, CA 96161 Annue i 1 NOV. 4.2004 2 :32PN NO.082 P.2 2 e l±t!;77. ' ': .* t t.' e" (7 , L,y, A East West Partners November 3, 2004 Mr. Steve Randall, General Manager Truckee Danner Recreation and Park District 10046 Church Street Truckee, CA 96161 Re: Gray's Crossing /Payment of Quimby Act Fees /Quimby Act Credits Dear Steve: This letter is a follow -up to our October 13, 2004 letter regarding (i) the ability of East West to utilize certain Quimby Act credits and waivers, and (ii) the payment of the Quimby Act fees due to the District. We appreciate your willingness to work with East West 'to reach a resolution of these issues, As of the date of this letter, the constn4ction of phase 1 of Gray's Crossing is virtually complete. In an effort to process the final map for Phase 1, we have enclosed a check in the amount of $264,923, the Quimby Act fees due for Phase 1 assuming East West is not entitled to any credits or waivers (101 single family lots x $2,623 fee). As we have verbally agreed, East West will pay these fees with the understanding that (i) you and the District will continue a dialogue with East West to resolve the issues outlined in our October 13 letter, and (ii) at the time at which East West and the District come to a resolution of the issues therein, the District will refund East West any overpayment, if any, of Quimby Act fees made by East West to the District for Phase 1. Again, we appreciate your willingness to work with us and wish to resolve this matter in a way that is reasonable and fair for everyone. Please acknowledge the receipt of the enclosed fees and the agreements contained in this letter by signing below and returning a copy of this letter to me. 11/04/2004 THU 13:41 [JOB NO. 5468] 0 002 NOV. 4.2Ok94 C:22PM NO.O82 P.3 Very Truly Yours, r 7rtas-a-rt. Rick McConn Enclosures Acknowledged and Agreed to: Truckee Donner Recreation and Park District, By: Name: Steve Randall Title: General Manager 11/04/2004 THU 13:41 [JOB NO. 5468] Lj003 ryUV. 4.00U4 c dihtI 1 : l i• NU.US2 P.1 East West Partners FAX Date _ $47o#Z--- Number of pages Including cover she& To: From: gall Phone _ Phone (830) 587-2222 Fax Phone _ ��jZ, -7e3e/ Fax (530) 587.2228. CC: RkMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment —-, 2S. • - MAQ.= ADDRESS: PO VOX 2981:3BI CAIH+ORNIA 96160 ' PuY9cALADD7 99: 10164DONNOR PASS ROAD, SUDE ,1RZ* BCAZZORNfA MONS 00367X112 FAX 330,S172228 11/04/2004 THU 13:41 [JOB NO. 5468] fU001 / .f T6 R DECLARATION OF ANNEXATION GRAY'S CROSSING (Phase 2) This Declaration of Annexation is made on the date hereinafter set forth by Gray's Station, LLC, a Delaware limited liability company (the "Declarant "). RECITALS A. Declarant is the owner of that certain real property located in the Town of Truckee, Nevada County, California that is more particularly described in Exhibit "A ", attached hereto (the "Annexed Property "). B. Declarant, by execution of that certain Master Declaration of Covenants, Conditions and Restrictions for Gray's Crossing recorded in the Official Records of Nevada County, California on November 9, 2004, as Document No. 2004 - 0046964 (the "Master "Declaration "), declared that certain properties described therein as the "Initial Covered Property" would be held, sold and conveyed subject to certain protective covenants, conditions, restrictions, easements and equitable servitudes which are also set forth in the Master Declaration. The real property and improvements that are subject to the Master Declaration are commonly referred to as "Gray's Crossing" and are referenced herein as the Development. C. Section 15.02 of the Master Declaration provides that additional land, within the area described in Exhibit "B" attached to the Master Declaration, may be annexed to the Development by the Declarant without the consent of the owners of other land that is subject to the Master Declaration. D. The Annexed Property is within the area described in said Exhibit "B" of the Master Declaration and the conditions precedent to annexation as described in Section 15.02 of the Master Declaration have been satisfied. There are presently no owners of any portion of the lands comprising the Annexed Property other than the Declarant. DECLARATION 1. Annexation of the Annexed Property. 1.01. Declaration of Annexation. By recording this Declaration of Annexation in the Official Records of Nevada County, the Declarant herby annexes the Annexed Property to the Gray's Crossing Development and further declares that all of the real property comprising the Annexed Property is held, and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions, restrictions and equitable servitudes set forth in the Master Declaration, as the same may be amended and supplemented from time to time. The Annexed Property shall include one hundred and ninety- five (195) residential lots which are referred to in the Master Declaration as "Homesites" and seven (7) Common Area Lots. Lots "C ", "D ", "E ", "F ", "G ", "H ", and "P', as more particularly described in Exhibit "A ", attached hereto, shall be the Common Area Lots within the Annexed Property and shall be conveyed to the Gray's Crossing Master Association, a California nonprofit mutual benefit corporation (the "Master Association "). 1.02. Commencement of Master Association Assessments With Respect to Homesites in the Annexed Property. For purposes of determining when Master Association Regular Assessments shall commence with respect to Homesites in the Annexed Property in accordance with Section 4.02(d) of the Master Declaration, the Homesites and Common Areas within the Annexed Property constitute a Phase, as that term is defined in Section 1.43 of the Master Declaration. Regular Assessments provided for in the Master Declaration shall commence with respect to Homesites in the Annexed Property on the first day of the first month following the conveyance by the Declarant of the first Lot in the Annexed Property pursuant to a Department of Real Estate Public Report. 1.03. Expansion of Membership to Include Owners of Homesites in the Annexed Property. Effective as of the commencement of Regular Assessments, as provided in Section 1.02, above, Membership in the Gray's Crossing Master Association shall be expanded to include all of the Owners of Homesites in the Annexed Property, including the Declarant as to Homesites in the Annexed Property that the Declarant owns. Each of said Owners shall be entitled to each of the rights, privileges and benefits of an Owner and a Member of the Master Association, as provided in the Master Declaration, the Master Association Articles and Bylaws, and this Declaration of Annexation, and shall be obligated to comply with each of the obligations and responsibilities of an Owner and an Association Member, as provided in the Declaration, the Master Association Articles and Bylaws, and in this Declaration of Annexation. 1.04. Reservation of Easements. As more fully provided in the Master Declaration, the Declarant herby reserves nonexclusive easements for ingress, egress, and other purposes over the Common Area within the Annexed Property. See particularly Sections 2.03, 2.04 and Article IX of the Master Declaration, regarding Common Area easements. 1.05. Declaration Binding on the Declarant and Successor Owners. The Declarant covenants and agrees for each Homesite that the Declarant owns in the Annexed Property, and each successor Owner, by acceptance of a deed to his or her Homesite in the Annexed Property, covenants and agrees, that such Owner's Homesite is subject to each of the terms, provisions, covenants, conditions, restrictions, reservations, easements and equitable servitudes of both the Declaration and this Declaration of Annexation. 2. Miscellaneous. 2.01. Incorporation by Reference. The provisions of the Master Declaration are incorporated herein by reference and are expressly declared to be applicable to each lot and common area within the Annexed Property and to each owner of any such lot therein. 2.02. Rights Reserved to Declarant. The Declarant expressly reserves the right, at any time prior to conveyance of a Homesite in the Annexed Property, to withdraw the Annexed Property from the Development and from subjection to the Master Declaration and the other Governing Documents of the Master Association and from subjection to the rights, powers and duties of the Master Association, and to nullify the effect of this Declaration of Annexation. 2.03. Effective Date. Subject to the rights reserved to the Declarant in Section 2.02, above, all provisions of the Master Declaration, including, but not limited to, those provisions regarding obligations to pay Assessments to the Master Association, shall apply to the Annexed Property and all Homesites contained therein immediately upon recordation of this Declaration of Annexation. IN WITNESS WHEREOF, the Declarant has executed this Declaration of Annexation this . of September, 2005. GRAY'S STATION, LLC, a Delaware limited liability company By: East West Resort Development V.L.P., L.L.L.P., A Delaware limited liability partnership, Its Manager By: H.F. Holding Corporation a Colorado corporation its General Partner By: —°�� Title: ITrO7 ' —KA EXHIBIT "A" Legal Description of the Annexed Property All that certain real property situated in the Town of Truckee, County of Nevada, State of California, that is more particularly described as follows: Lots WI through W149, inclusive, Lots 121 through R47, inclusive,. and Common Area Lots "C ", "D ", "E ", "F ", "G ", "H ", and "I ", as shown on that certain map entitled "Final Map No. 02 -007, Gray's Crossing Phase 2 ", which map was filed for record in the Office of the Nevada County Recorder on , 2005, in Book of Subdivisions, at Page _. RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: SPROUL • TROST, LLP Attn: Curtis C. Sproul, Esq. 2424 Professional Drive Roseville, CA 95661 (Space Above For Recorder's Use) DECLARATION OF ANNEXATION FOR GRAY'S CROSSING PHASE 2 • Nevada, County Recorder • Kathleen Smith DOC— 2005 - 0044874 -00 Recording Requested By and Poot 6- Fidelity National Title Co When Recorded Return to: Tuesday, NOV 08, 2005 11:14:00 CCF $1.00:NOC $0.001 Ttl Pd $1,00 Nbr- 0000409526 ENM /EM /1 -10 TOWN OF TRUCKEE 10183 Truckee Airport Road Truckee, CA 96161 (Space Above For Recorder's Use) GRANT OF OPEN SPACE EASEMENT TO TOWN OF TRUCKEE THIS GRANT OF OPEN SPACE EASEMENT (the "Agreement ") is made as of 2005, by GRAY'S STATION, LLC, a Delaware limited liability company (the "Grantor "), with a principal place of business at 10164 Donner Pass Road, Ste. 3, Truckee, CA 96161, and the TOWN OF TRUCKEE, a municipal corporation, with a principal place of business at 10183 Truckee Airport Road, Truckee, California 96161, (the "Grantee "). RECITALS A. Grantor is the owner in fee simple of that certain real property described on Exhibit A attached hereto and incorporated herein by this reference ( "Gray's Crossing Phase II "). B. Portions of Gray's Crossing Phase II possess natural, wildlife habitat, and open space values (collectively "Conservation Values "). C. The preservation of open space, wildlife habitat lands and scenic vistas is consistent with the adopted policies of the State of California, the County of Nevada, and the Town of Truckee. D. A portion of Gray's Crossing Phase II containing such Conservation Values will be protected as open space in perpetuity pursuant to this Agreement, said portion is described on Exhibit B attached hereto and incorporated herein by this reference (the "Open Space Property"). E. Grantor intends, as owner of the Open Space Property, to convey to Grantee an open space easement over the Open Space Property, including the right to enforce the protection, in perpetuity, of the natural, scenic, historical, open space and other Conservation Values of the Open Space Property, pursuant to the restrictions contained herein. F. Grantee is authorized to implement and /or enforce a program of natural area conservation and stewardship. G. The parties herein agree to preserve and protect in perpetuity the Conservation Values of the Open Space Property for the benefit of this generation and generations to come, with the primary obligation of conveyance falling upon Grantor or its successors and assigns and the primary responsibility of enforcement falling upon Grantee. • -1- IN 044874 AGREEMENT NOW, THEREFORE, in consideration of the above and for a valuable consideration, and the mutual covenants, terms, conditions, and restrictions contained herein, Grantor hereby grants to Grantee, an open space easement (the "Easement ") in perpetuity over the Open Space Property upon the following terms and conditions: 1. Purpose. The purpose of this Easement is to assure that the Open Space Property will be retained in perpetuity generally in its natural, scenic, and open space condition and to prevent any use of the Open Space Property that will significantly impair or interfere with its Conservation Values. Accordingly, this Easement restricts the use of the Open Space Property to uses that do not degrade the Conservation Values, including hiking and biking trails (which may be paved), equestrian trails, wildlife enhancement, ecological enhancement treatments, timber harvest (for enhancing wildlife habitat, fuels reduction, removal of hazards and appropriate thinning), signage, drainage facilities, trail infrastructure, picnic areas (which may include the construction, use and maintenance of shelters related to such picnic areas), nature study, enjoyment of views (which may include the construction, use and maintenance of viewing decks and viewing facilities), open space, temporary uses that do not degrade the Conservation Values, natural habitat, water wells and infrastructure, and environmental protection consistent with this Easement, along with roadways and roadway uses and infrastructure and utilities, which roadway infrastructure and utility locations may be modified and /or relocated but not substantially expanded in land coverage over the Open Space Property. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee the right to enter upon the Open Space Property at reasonable times following notice to identify the current condition of the Property and monitor compliance with the terms of this Easement and to take all steps reasonably necessary to prevent or mitigate any activity or condition on the Open Space Property which is inconsistent with the purposes of this Easement. 3. Prohibited Uses. Any activity on or use of the Open Space Property that is inconsistent with the purposes of this Easement is prohibited, including development of commercial, industrial or residential uses, golf including turf, mineral exploration, hunting, discharge of firearms and use of off -road vehicles. 4. Reserved Rights. Grantor reserves unto itself and to its successors and assigns all rights which are not transferred and conveyed by this Agreement and which are not inconsistent with the purposes of this Easement, including motorized and non - commercial uses which do not substantially diminish or detract from the Conservation Values of the Open Space Property, water rights, and water service infrastructure, trails, roads and roadway uses as per the final map recorded for Gray's Crossing Phase II, appropriately designed fencing, signage, culverts, landscaping, mailbox areas, utilities, easements and other appropriate improvements. 5. Natural Resources Management Plan. Management of the Open Space Property for Conservation Values by Grantor or Grantor's successors, enforced by Grantee, is defined in and regulated by that certain Natural Resources Management Plan prepared by Audubon International Institute, dated August of 2003, as first amended in October of 2003, later amended in May of 2005 (and as further amended from time to time, the "Management Plan "). The Management Plan may be amended from time to time with the mutual consent of the owner of the Open Space Property and Grantee, and Grantee's consent may not unreasonably be withheld. -2- • 044874 The Management Plan, or an amended version of the Management Plan, shall remain in perpetuity over the Open Space Property. The covenant, conditions & restrictions applicable to Gray's Crossing Phase II shall include a funding mechanism adequate to accomplish the goals and implement the purposes of the Management Plan, as amended from time to time. 6. Maintenance. Grantor or Grantor's successors retain the responsibility for ownership, operation, upkeep and maintenance of the Open Space Property and for payment of real property taxes. 7. Extinguishment. If circumstances arise in the future which render the purposes of this Easement impossible to accomplish, this Easement may only be terminated or extinguished by judicial proceedings in a court of competent jurisdiction or by mutual agreement of the parties. 8. Amendment. If circumstances arise under which an amendment to or modification to this Agreement would be appropriate, Grantor and Grantee may jointly amend this Agreement. The parties' consent to any such amendment shall not unreasonably be withheld. Any such amendment shall be in writing and recorded in the Official Record of Nevada County, California. 9. Abridgement. Nothing in this Agreement shall be construed to abridge the authority of the Town to regulate land uses on the property subject to this Easement consistent with either (i) that certain Development Agreement between Grantor's predecessor -in- interest and Grantee dated as of March 24, 2004, and recorded in the official records of Nevada County, California on April 5, 2004, as Document No. 2004- 0012368 (the "Development Agreement "), or, (ii) in the event the Development Agreement does not control or is not in effect, the Truckee Municipal Code. 10. Notices. Any notice, demand, request or communication that any party desires shall be in writing and delivered as follows: To Grantor: Roger Lessman Gray's Station, LLC c/o East West Partners 10164 Donner Pass Road, Ste. 3 Truckee, CA 96161 To Grantee: Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 11. Recordation. When effective, this instrument shall be recorded by Grantor or Grantee in the Official Records of Nevada County, California. 12. General Provisions. a. The interpretation and performance of this Agreement shall be govemed by the laws of the State of California with venue in Nevada County. b. This Agreement is made for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns and no other entity or person -3- 0448 or party shall have any right of action under this Agreement or any right to enforce the terms and provisions hereof. c. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running with the Open Space Property. It is anticipated that Grantor will ultimately convey the Open Space Property to its successor, the Gray's Crossing Master Association, at which time, Grantor shall be released of liability from this Agreement. GRANTOR: GRAY'S STATION, LLC, a Delaware limited liability company By: East West Resort Development V, L.P., L.L.L.P., a Delaware limited partnership as a member and manager By: HF Holding Corporation, a Colorado corporation as its general partner Dated: io?Li By: Name: Title: / a y %�,r � f', d.� -�.k 1 �– – J GRANTEE: TOWN OF—T UCKEE, a municipal corporation Dated: I l 12.1) / G By: i Nameva� Title: — 176,_, bVl ,,� Approved as of Form: ti Dated: I - 0,\ By: r 4 ,r ,, C'L h L NamefDennis Crabb Title: Town Attorney, Town of Truckee -4- • 044874 ACKNOWLEDGMENT State of California ) • � ) ss. / L County of Jcest ) r� l / On ��c - 3G �2005, before me, �` `24,. :. lam , a Notary Public, personally appeared /64 /Ac X0,7^ , personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the within instrument, the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. tI /��� Notaryts'Signature My Commission Number: My Commission Expires: 3 / /d /c r VIRGINIA ALLEE Com # 1476179 c ;:,„ Notary Pu bl - CQBfotnda 1,3 Nevada County • My Comm. Expires Mar 1 J. 2008 • o4 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT E' .. "4'R S'&k" -rx e :.:=e>c�C.c;ac:e..cierC.c�,s '. .e:n.�eeC•l' € e,c:. t ' —'.er —a ,:ej 11 State of California 1 ss. ikl County of l�LE ✓ +(I O l .�C' t i ) f L L L . ��J %(>> before me, 1 p 9 /off. i�'vj t x �' = G, 'e 14' Date ' Name and Title t Oticr ( Pp.. Doe Notary Pohl 1 k 01 personally appeared . . % , " I � . .. r; � 1 Darnels) at Signer(s) 1 � I , i T . ' y -personally known to me �cc ' ❑ proved to me on the basis of satisfactory RI evidence a to be the person(s) whose name(e) is /ace - 2 a ° ®' '"` .a �` +r „11 subscribed to the within instrument and J UDY PRICE a acknowledged to me that he/she/their executed g ., Commission # 1 the same in his /her /their authorized ei = ,co -I_ Notary P ubl i c - California ii t iai __ capacity(ies), and that by his /herkfieir � ; i� Nevada County tv FY" "" NlyComm. ExpiresDec8.2006 signature(s) on the instrument the person(a), or ,� i.' the entity upon behalf of which the person(e) I acted, executed the instrument. S i i WITNESS a hand and o I seat 2 0 1 i" - Sgnatur: et Actary Public OPTIONAL • Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. g Description of Attached Document 6 t ( � , I s Title or Type of Document: ( 1 ' ei t 4 f . O ii.-1 F.. f'1. Y ' , F 1 F Document Date: Number of Pages: 1,, p Signer(s) Other Than Named Above: t>y Capacity(ies) Claimed by Signer F Signer's Name: RIGHT SIONER �� . OF SIGNER Y ❑ Individual Top or thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General t ❑ Attorney -in -Fact �� ❑ Trustee ❑ Guardian or Conservator 0 ❑ Other: Signer Is Representing: h `�C:"`„'.. -- - _ t et - a 'L?K •'P-(.'CC4CC4. - °. *' », eipc. ° r'T_.. -' : -CA,. e. - 7 W..` "`��`�? © 1999 National Notary Association • 9350 Oe Soto Ave.. RO- Box 2402 • Chatsworth, CA 91313 -2402 • www. nationalootaryorg Prod No. 5907 Reorder: Call Toll-Free 1- 800-876 6827 044874 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT rr- • w _ -. a.- r crc� aP .sue' . Srccerc nc ecCeoeS ec Sttati Is h i h State of California 1�� ss. t5 County of �i. =i/7a i7; J On IC/ ? ' dd.i'', O, 1QJ before me, �l, (I.. d I' T i /'L�f �1! ' ( v ✓v =�' oate Name an4 Title at Officer (e.g , "Jane Noe. Notary Pffelicl personally appeared ; ; - e b/` - N m N. . (s) of Signer(s) i d t rsonally known to me ❑ proved to me on the basis of satisfactory r l A evidence I I ' t :tl a i. A F .w w w A p .s A+. �,, F . i l Ifla JUDY PRICE to be the person(st whose name(s) is /aria subscribed to the within instrument and 1 , t acknowledged to me that he /shek4ey- executed f ` » } , Commission d 1389139 the same in his /heNihei� authorized hr �,_,n 1 Notar. Public - California . ' ", Y Nevada County capacity(ies), and that by his /herttheir r'< My Conn. Expires Dec 8.2T,6 signature(s)-on the instrument the person(s), or Iq the entity upon behalf of which the person(s)i i! acted, executed the instrument. f; WITNE my hand and o . -I seal. f • id tt ..... Sign. I. of• M ary Public I OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 0!1 fraudulent removal and reattachment of this form to another document. :t; { ?{ Description of Attached Document Title or Type of Document: ____61) (7).. A 4 -1-tr l Gi Se—n 'S k'L ,- h Document Date: Number of Pages: Signer(s) Other Than Named Above: (' 'i Capacity(ies) Claimed by Signer i 0 Signer's Name: ' RIGHT THUMBPRINT �( OF SIGNER 1 S 'P1 ❑ Individual Top of thumb here I ❑ Corporate Officer — Title(s): h ' I I ❑ Partner — ❑ Limited ❑ General K F ❑ Attorney -in -Fact 0 Trustee ❑ Guardian or Conservator r ❑ Other: f � Signer Is Representing: ;��I A, -T._ „. i a `f:tip `GCi`t`2'S 4^e_c;�=�' 'E/o.C4— craA.">-- ''ca.lc..fa'i c.,'c 'Zs- <: - • ar, <Y, e _ _ „ts�..,y'. © 1999 National Notary Association • 9350 De Solo Ave PO. Box 2902 • Chatsworth, CA 91313 -2902 • wrrx nationalnotaryorg Prod. No. 5907 Reorder Call Toll - Free 1- 800 -876 -6827 044874 EXHIBIT A (Gray's Crossing Phase 2 Property Description) All that real property situated in the Town of Truckee, County of Nevada, State of California, more particularly described as follows: Lots W 1 through W 149, inclusive, Lots Rl through R47, inclusive, and Lots "A ", "B ", "C ", "D ", "E ", "F ", "G ", "H ", "I ", "J ", and "K ", as shown on that certain map entitled "final Map No. 02 -007, Gray's Crossing Phase 2 ", which map was filed for record in the Office of the Nevada County Recorder I\(i) eintw `�� �^, 2005, in Book of Subdivisions, at Page \ F . 04481 EXHIBIT B (Open Space Property Description) All that certain real property situated in the Town of Truckee, County of Nevada, State of California, more particularly described as follows: Lots "C ", "D ", "E ", "F ", "G ", "H" and "I" as shown on that certain neap entitled "Final Map No. 02 -007, Gray's Crossing Phase 2 ", which map was filed for record in the Office of the Nevada County Recorder (\/y b.er , 2005, in Book $Y of Subdivisions, at Page 13cl 044874 "Recording Requested By and Return To: • Town Clerk Town of Truckee • 10183 Truckee Airport Road Truckee, Ca. 96161 ACCEPTANCE OF GRANT OF EASEMENT TOWN OF TRUCKEE Open Space Easement The Town Engineer of the Town of Truckee hereby consents to the recording of this Acceptance for the Open Space Easement for Final Map No. 02 -007, Phase 2 and on behalf of the Town Council of the Town of Truckee, in accordance with Town Resolution No. 94 -40, hereby takes the following action: The Town Engineer hereby certifies that the interest in real property conveyed by the above mentioned offer of dedication is hereby ACCEPTED to assure that the described area subject to this instrument is retained in perpetuity to the Town in its natural, scenic, and open space condition and to prevent any use of the Open Space Property that will significantly impair or interfere with its conservation values and REJECTED for any /all public /private maintenance and /or snow removal activity on behalf of the Town Council of the Town of Truckee. Gated: I I - c2 - G' TOWN OF TRUCKEE 1 0 A-t/ LAAlt• f 5 • .4 Daniel P. Wilkins, RCE C56267 Town Engineer State of California County of Nevada On - :1/11 °t f.1.,_. 2, C% •3 before me, Judy Price, Notary Public, personally appeared Daniel P. Wilkins, personally / known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JUDY PRIG Commission tt 1389139 / _ ,1�ti, Notary Public_ - California 11 \ y ',' Nevada County .. Signaiure ofNotary � —` My Comm ExpiresDec8.2i:06 v END OF DOCUME ;!;1 ' \\ Nevada, County Recorder Kathleen Smith Recording Requested By and DOC— 2005- 0044875 -00 When Recorded Return to: Acct 6- Fidelity National Title Co Tuesday, NOV 08, 2005 11:14:00 CCF $1.00:NOC - $0.00: TOWN OF TRUCKEE Ttl Pd $1,00 Nbr- 0000409529 ENM /EM /1 -11 10183 Truckee Airport Road Truckee, CA 96161 (Space Above For Recorder 's Use) GRANT OF OPEN SPACE RECREATION EASEMENT TO TOWN OF TRUCKEE THIS GRANT OF OPEN SPACE RECREATION EASEMENT (the "Agreement ") is made as of 41 sift,- mac; 2005, by GRAY'S STATION, LLC, a Delaware limited liability company (the "Grantor "), with a principal place of business at 10164 Donner Pags Road, Ste. 3, Truckee, CA 96161, and the TOWN OF TRUCKEE, a municipal corporation, with a principal place of business at 10183 Truckee Airport Road, Truckee, California 96161, (the "Grantee "). RECITALS A. Grantor is the owner in fee simple of that certain real property described on Exhibit A attached hereto and incorporated herein by this reference ( "Gray's Crossing Phase II "). B. Portions of Gray's Crossing Phase II possess natural, wildlife habitat, and open space values (collectively "Conservation Values "). C. The preservation of open space, wildlife habitat lands and scenic vistas is consistent with the adopted policies of the State of California, the County of Nevada, and the Town of Truckee. D. A portion of Gray's Crossing Phase II containing such Conservation Values will be protected as open space in perpetuity pursuant to this Agreement, said portion is described on Exhibit B attached hereto and incorporated herein by this reference (the "Open Space Recreation Property "). E. Grantor intends, as owner of the Open Space Recreation Property, to convey to Grantee an open space easement over the Open Space Recreation Property, including the right to enforce the protection, in perpetuity, of the natural, scenic, historical, open space and other Conservation Values of the Open Space Recreation Property, pursuant to the restrictions contained herein. F. Grantee is authorized to implement and/or enforce a program of natural area conservation and stewardship coupled with recreational golf usage. G. The parties herein agree to preserve and protect in perpetuity the Conservation Values of the Open Space Recreation Property for the benefit of this generation and generations to come, -1- • 044875 with the primary obligation of conveyance falling upon Grantor or its successors and assigns and the primary responsibility of enforcement falling upon Grantee. AGREEMENT • NOW, THEREFORE, in consideration of the above and for a valuable consideration, and the mutual covenants, terms, conditions, and restrictions contained herein, Grantor hereby grants to Grantee, an open space easement (the "Easement ") in perpetuity over the Open Space Recreation Property upon the following terms and conditions: 1. Purpose. The purpose of this Easement is to assure that the Open Space Recreation Property will be retained in perpetuity generally as a natural, scenic, and open space area and also as a recreational golf course with related facilities. Accordingly, this Easement restricts the use of the Open Space Recreation Property to: a. Essentially natural areas restricted to uses that do not degrade Conservation Values of the Open Space Recreation Property, including hiking and biking trails (which may be paved), equestrian trails, wildlife enhancement, ecological enhancement treatments, timber harvest (for enhancing wildlife habitat, fuels reduction, removal of hazards and appropriate thinning), signage, drainage facilities, trail infrastructure, nature study, enjoyment of views, open space, temporary uses that do not degrade the Conservation Values, natural habitat, water wells, utilities, and infrastructure, and environmental protection consistent with this Easement, and along with golf carts and other roadway uses as depicted on the Specific Plan or final map for Gray's Crossing Phase II, which golf cart, utility and roadway locations may be modified and /or relocated but not substantially expanded in land coverage over the Open Space Recreation Property; and b. Areas with recreational golf use with turf and all associated or related infrastructure and structures, including without limitation, tees, fairways, bunkers, rough areas, landing areas, greens, driving ranges, practice ranges, putting and practice greens, golf instructional areas, golf cart paths; as well as infrastructure, utilities, buildings and any other improvements desired by Grantor for the management and operation of a first class golf resort. Locations of the golf cart paths, utilities, and roadways may be modified and /or relocated by mutual consent of both Grantor and Grantee, whose consent shall not be unreasonably withheld. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee the right to enter upon the Open Space Recreation Property at reasonable times following notice to identify the current condition of the Property and monitor compliance with the terms of this Easement and to take all steps reasonably necessary to prevent or mitigate any activity or condition on the natural area in the Open Space Recreation Property which is inconsistent with the purposes of this Easement. 3. Prohibited Uses. Any activity on or use of the Open Space Recreation Property that is inconsistent with the purposes of this Easement is prohibited, including development of commercial, industrial or residential uses (except as its customary or desirable for recreational golf), mineral exploration, hunting, discharge of firearms and use of off -road vehicles; however, -2- 044875 • golf cart usage and maintenance vehicles shall be an allowed use as well as roadways depicted on the Specific Plan or final map for Gray's Crossing Phase II. 4. Reserved Rights. Grantor reserves unto itself and to its successors and assigns all rights which are not transferred and conveyed by this Agreement and which are not inconsistent with the purposes of this Easement, including motorized and non - commercial uses which do not substantially diminish or detract from the Conservation Values of the Open Space Recreation Property, water rights, and water service infrastructure, trails, roads and roadway uses as per the Specific Plan or final map recorded for Gray's Crossing Phase II, appropriately designed fencing, signage, culverts, landscaping, mailbox areas, utilities, easements and other appropriate improvements. 5. Natural Resources Management Plan. Management of the Open Space Recreation Property for Conservation Values by Grantor or Grantor's successors, enforced by Grantee, is defined in and regulated by that certain Natural Resources Management Plan prepared by Audubon International Institute, dated August, 2003, as first amended in October, 2003, later amended in May of 2005. The Plan or a version of the Plan as amended by Grantor or Grantor's successors and Audubon International Institute shall remain into perpetuity over the Open Space Recreation Property and shall include a funding mechanism adequate to accomplish the goals and implement the purposes of the Natural Resource Management Plan, as amended from time to time. Any substantial amendments to the Audubon Natural Resource Management Plan must be approved by Grantee, which approval shall not be unreasonably withheld. 6. Maintenance. Grantor or Grantor's successors retain the responsibility for ownership, operation, upkeep and maintenance of the Open Space Recreation Property and for payment of real property taxes. 7. Extinguishment. If circumstances arise in the future which render the purposes of this Easement impossible to accomplish, this Easement may only be terminated or extinguished by judicial proceedings in a court of competent jurisdiction or by mutual agreement of the parties. 8. Amendment. If circumstances arise under which an amendment to or modification to this Agreement would be appropriate, Grantor and Grantee may jointly amend this Agreement. The parties' consent to any such amendment shall not unreasonably be withheld. Any such amendment shall be in writing and recorded in the Official Record of Nevada County, California. 9. Abridgement. Nothing in this Agreement shall be construed to abridge the authority of the Town to regulate land uses on the property subject to this Easement consistent with either (i) that certain Development Agreement between Grantor's predecessor -in- interest and Grantee dated as of March 24, 2004, and recorded in the official records of Nevada County, California on April 5, 2004, as Document No. 2004 - 0012368 (the "Development Agreement "), or, (ii) in the event the Development Agreement does not control or is not in effect, the Truckee Municipal Code. 10. Notices. Any notice, demand, request or communication that any party desires shall be in writing and delivered as follows: To Grantor: Roger Lessman Gray's Station, LLC -3- 044875 c/o East West Partners 10164 Donner Pass Road, Ste. 3 Truckee, CA 96161 To Grantee: Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 11. Recordation. When effective, this instrument shall be recorded by Grantor or Grantee in the Official Records of Nevada County, California. 12. General Provisions. a. The interpretation and performance of this Agreement shall be govemed by the laws of the State of California with venue in Nevada County. b. This Agreement is made for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns and no other entity or person or party shall have any right of action under this Agreement or any right to enforce the terms and provisions hereof. c. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running with the Open Space Recreation Property. GRANTOR: GRAY'S STATION, LLC, a Delaware limited liability company By: East West Resort Development V, L.P., L.L.L.P., a Delaware limited partnership as a member and manager By: HF Holding Corporation, a Colorado corporation as its general partner Dated: � ; / / Name: Title: 4'r ,, d7= 4, %ter - vl' • i GRANTEE: TOWN OF TRUCKEE, a municipal corporation -4- 044875 ! (, Dated: �U (:�(5 By: Name: n . , L- ..I.I_ A , , ' �L. Title: Ta44 ..� `._ Approved asMMForm: Dated: /L% / 0, /e By: Name: Dennis Crabb Title: Town Attorney, Town of Truckee -5- 044875 ACKNOWLEDGMENT State of California ) ) ss. County of (, :c 1 ) i1% . �d,3 On " 2005, before me, 1 y a626i1 , a Notary Public, personally appeared 4 . /)1l (e7,,n ,, personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the within instrument, the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. e / (in Ci Notaryt S l ignature My Commission Number: / My Commission Expires: 3 // 3 /c' VIRGINIA ALLEE 6 _ � ♦ Commission # 1476179 L ; -o sr Notary PubNc • California t r Nevada County _t My Comm. Expires Mar 13, 2008 044875 ACKNOWLEDGMENT State of Califomia ) ) ss. County of Ne4c c ) On Or -i (t , 2005, before me, ` t AL, - i ) t i ear, , a Notary Public, personally appeared )C r \ N. `S ( ` A C, (ti `:71, -, k. , personally known to me (or- proved -on -the -- basis -of- satisfactory - evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the within instrument, the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r -. Notary's /Signet rtx e My Commission Number: 1' cX(?1 I '3'i • My Commission Expires: . 1? . . ;i -t:i: ;; JUDY PRICE Commission 8 13 9139 S i z` \ , . Notary Public - California Nevado County u. " My Comm. Expires Dec8, 2006 044815 ACKNOWLEDGMENT State of California ) ) ss. County of ide,;;_;1,;, ) On Oi . /i„ -. , 2005, before me, ..ly,A,, 1 , Cc.- , a Notary Public, personally appeared l ca."r I,_v. CI 1 , personally known to me (or-proved the - basis -of- satisfactory- evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the within instrument, the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' / l C ---- I cal', ` Ij " - .._e" Q1� Notary'9Signatu'k i My Commission Number: 1 - 7)9, (1 j 1'4.) My Commission Expires: 12 -% CU � JUDY PRICE Commission # 1389139 J� 4 , Notary Public - California kt,i; Nevada County My Comm. Exolres Dec 8, 2006 • 044815 EXHIBIT A (Gray's Crossing Phase 2 Property Description) All that real property situated in the Town of Truckee, County of Nevada, State of California, more particularly described as follows: Lots W 1 through W 149, inclusive, Lots R1 through R47, inclusive, and Lots "A ", "B ", "C ", "D ", "E ", "F ", "G ", "H ", "I ", "J ", and "K ", as shown on that certain map entitled "final Map No. 02 -007, Gray's Crossing Phase 2 ", which map was filed for record in the Office of the Nevada County Recorder )2rnv -Q( Sic ^ , 2005, in Book S3 of Subdivisions, at Page ��. 044875 EXHIBIT B (Open Space Recreation Property Description) All that certain real property situated in the Town of Truckee, County of Nevada, State of California, more particularly described as follows: Lot "J" as shown on that certain map entitled "Final Map No. 02 -007, Gray's Crossing Phase 2 ", which map was filed for record in the Office of the Nevada County Recorder n(k' -Q,fc& r , 2005, in Book of Subdivisions, at Page )3 . 044875 'ecording Requested By and Return To: Town Clerk • Town of Truckee 10183 Truckee Airport Road Truckee, Ca. 96161 ACCEPTANCE OF GRANT OF EASEMENT TOWN OF TRUCKEE Open Space Recreation Easement The Town Engineer of the Town of Truckee hereby consents to the recording of this Acceptance for the Open Space Recreation Easement for Final Map No. 02 -007, Phase 2 and on behalf of the Town Council of the Town of Truckee, in accordance with Town Resolution No. 94 -40, hereby takes the following action: The Town Engineer hereby certifies that the interest in real property conveyed by the above mentioned offer of dedication is hereby ACCEPTED for multipurpose access and use and REJECTED for any /all public /private maintenance and /or snow removal activity on behalf of the Town Council of the Town of Truckee. Dated: I i l d - 5 TOWN OF TRUCKEE � c P Daniel P. Wilkins, RCE C56267 Town Engineer State of California County of Nevada J On ).' ; t- Z -&-f 2 6 ( before me, Judy Price, Notary Public, personally appeared Daniel P. Wilkins, personally known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JUDY 1- Cornrni, iP 4 I 48, L r 3R r a , ' Ir., r r - ah(Ornia r i o _ , ty Signaturet fjNotary JUDY PRICE 6 _4,;: Commissions 1389134 Nc!nri - California Ne County I < `r'=-� rgvC;r; Dec a.2'JCkS d - "J r, srcr s r•r> - :∎ ter END OF DOCUMENT IIII III III I III II IIII I IIII II IIII I III I IIII I IIII II II • Nevada, County Recorder • Kathleen Smith DOC— 2 005 - 0044872 -00 Acct 6- Fidelity National Title Co Tuesday, NOV 08, 2005 11:14:00 CCF $1.001NOC $0.00: VI Requested by and return to: Ttl Pd $1.00 Nbr- 0000409539 Town Clerk ENM /EM/1 -64 10183 Truckee Airport Road Truckee, CA 96161 Gray's Crossing SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, dated for convenience this 1 day of October, 2005, by and between Gray's Station LLC, A Delaware Limited Liability Company, hereinafter referred to as "SUBDIVIDER ", and The Town of Truckee, a municipal corporation, acting by and through its Town Council, hereinafter referred to as "Town." WITNESSETH SUBDIVIDER is the owner of that certain tract of land situated in the Town of Truckee, County of Nevada, State of California, generally known as Assessor Parcel Number 19- 370 -17 through 26 & 19- 410 - 19/21/24/26/27 SUBDIVIDER proposes to do and perform certain work of improvement thereon and adjacent thereto as hereinafter set forth; and TOWN requires said proposed improvements be done in a good and workmanlike manner and in accordance with the laws now in force and effect in the TOWN; and SUBDIVIDER declares that he is familiar with the regulations contained in the Town Code and in the Subdivision Map Act (Government Code Sections 66410 - 66499.37) and agrees to comply therewith. WHEREAS, a final map of said tract, prepared in accordance with the provisions of Town Code has been filed by SUBDIVIDER with TOWN: NOW, THEREFORE, in consideration of the approval and acceptance by the Town Council of the TOWN of said final map and the covenants therein contained, the parties hereto mutually agree as follows: 1. GENERAL REQUIREMENTS SUBDIVIDER shall, at his own expense, complete all improvement plans and improvements to the satisfaction of the TOWN within the time specified in Section 2 of this agreement, at an estimated cost for one half of the Prosser Dam Road and the onsite improvements of $7,973,330 and $1, 064,000 for the Highway 89/Prosser Dam • 044872 RoadlAlder Drive intersection improvments , $375,000 for the sewer lift station, and $1,793,000 for the Donner Pass Road / Highway 89 intersection improvments (including the 25% contingencies) for all projects. The total security amount is $11,205,412. Improvements as proposed herein consist of all streets, storm drains, water, electrical, natural gas, phone, cable T.V. and sewer improvements as set forth on the approved improvement plans entitled, Gray's Crossing —Phase 2 On -Site Improvement Plans, approved on August 15, 2005 and the Prosser Dam Road Improvements. All improvements shall be completed and in accordance with the following: A. The referenced Specific Plan, Conditions of Approval and Resolutions, attached as EXHIBITS "A ", `B ", "C" and "D ". B. All applicable provisions of the Town Municipal Code. 2. TIME OF COMPLETION All of said improvements shall be completed within twenty -four (24) months from the date of this agreement. In the event SUBDIVIDER fails to complete the improvements within said twenty -four (24) months, the TOWN may require the SUBDIVIDER or his Surety to pay for the completion of said improvements. 3. SECURITY SUBDIVIDER shall file with TOWN, improvement security guaranteeing all improvements shall be constricted in accordance with approved plans, and any approved modification thereof. Security shall be in the amount of 125 percent of the Contractor's bid price for construction of the above referenced improvements. This information is on file with the Town of Truckee Clerk's Office. Release. Security given for the faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work. Subdivider shall be allowed to make a maximum of three separate withdraws on the security upon compliance with this document. 4. EFFECTIVE DATE OF CONTRACT It is understood that the final map will be approved by the Town Council and will be recorded by the County Recorder of the County of Nevada. The date of recording will be the effective date of this agreement. 044872 5. WAIVER OF SECTION 2819 OF CIVIL CODE OF THE STATE OF CALIFORNIA BY SURETY Should the Town Council of the Town of Truckee extend the time for completion by SUBDIVIDER of the improvements herein referred to, it shall be deemed that the surety has, by furnishing security hereunder, agreed to a waiver of Section 2819 of the Civil Code of the State of California 6. LIABILITY FOR NON - PERFORMANCE AND PERSONAL INJURIES Neither the TOWN nor any of its officers shall be liable to the SUBDIVIDER or its contractors for any error or omission arising out of or in connection with any work performed under this agreement. The TOWN shall not be liable to the SUBDIVIDER or any other person whatsoever for any injury or damage that may result to any person or property in the performance of this agreement. 7. RELEASE AND INDEMNIFICATION SUBDIVIDER hereby agrees to, and shall, hold TOWN, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from SUBDIVIDER's operations under this agreement, whether such operations be by SUBDIVIDER, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any contractor of SUBDIVIDER. SUBDIVIDER agrees to, and shall, hold TOWN, its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows: A. That TOWN does not, and shall not, waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by TOWN, or the deposit with TOWN by SUBDIVIDER, of any of the insurance policies hereinafter set forth. B. That the aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operation of SUBDIVIDER, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. SUBDIVIDER shall not commence work under this contract until he has obtained all insurance required under this section and such insurance shall 044872 have been approved by the town as to form, amount and carrier, nor shall SUBDIVIDER allow any contractor to commence work on his contract until all similar insurance required of SUBDIVIDER shall have been so obtained and approved. C. Compensation Insurance. SUBDIVIDER shall take out and maintain during the life of this contract, workmen's compensation insurance for all his employees employed at the site of improvements and if any work is sublet, SUBDIVIDER shall require contractor similarly to provide workmen's compensation insurance for all of the latter employees, unless such employees are covered by the protection afforded by SUBDIVIDER. If any class of employees engaged in work under this contract at the site of the project is not protected, under any workmen's compensation law, SUBDIVIDER shall provide adequate insurance for the protection of employees not otherwise protected. SUBDIVIDER indemnifies town for any damage resulting to it from failure of either SUBDIVIDER or any contractor to take out or maintain such insurance. Document on file with Town of Truckee Town Clerk D. Public Liability and Property Damage Insurance. SUBDIVIDER shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect town, its elective and appointive boards, officers, agents and employees and SUBDIVIDER from any claims for damages for personal injury, including death, as well as from claims for property damages which may arise from SUBDIVIDER' s or any contractor's operations under this contract, whether such operation be by SUBDIVIDER or by any contractor, or by anyone directly or indirectly employed by SUBDIVIDER, and the amounts of such insurance shall be as follows: E. Public liability insurance, in an amount not less than $500,000 per person, $1,000,000 per occurrence, bodily injury and death; and $250,000 per occurrence, $500,000 aggregate property damage. Document on file with Town of Truckee, Town Clerk. F. No policies of insurance carried by the SUBDIVIDER shall be subject to cancellation except after notice to the Town Manager at the address set forth below by certified mail at least 30 days prior to the date of cancellation. These certificates of insurance and policy endorsements are on file with Town of Truckee, Town Clerk. 8. LIABILITY OF SUBDIVIDER 04 487 2 SUBDIVIDER agrees that the use for any purpose and by any person of any and all improvements hereinbefore specified shall be at the sole risk of the SUBDIVIDER. 9. SUBDIVIDER'S EXPENSES Installation and connection of private utilities by SUBDIVIDER or builders shall be done in accordance with Town Code or any revisions thereof. 10. CHARGES AND CONNECTION FEES All parcels served by these improvements, upon application for sewer or water service, shall be subject to those charges and fees in effect at the time application for service is made. 11. CONSTRUCTION SUBDIVIDER shall cause the improvements to be constructed by a properly licensed contractor or licensed contractors, without expense to TOWN, and TOWN shall not be responsible for any of the cost of said sewer, water, storm drain, electrical, telephone, natural gas, cable T.V., or road improvements or for the performance or nonperformance of the work of construction of said improvements, and the SUBDIVIDER shall hold TOWN free and harmless from any claim or liability resulting from or arising out of the construction work. The SUBDIVIDER is not acting as a contractor, agent, official or representative of TOWN in constructing or providing such improvements or associated facilities or in causing such improvements and facilities to be installed. This Agreement simply provides for the transfer and assumption of responsibility for such improvements and facilities upon performance of all terms of this Agreement. The approval of the plans and specifications as presented by SUBDIVIDER shall not be deemed as a warranty or guarantee by TOWN of proper design or proper specifications of materials or construction. TOWN specifically relies upon the design and specifications, as prepared, as being in accordance with the conditions of the geography and as having specific materials and equipment of the highest practicable quality and character. 12. NOTIFICATION OF DEVIATIONS OR FAILURES TOWN agrees to notify SUBDIVIDER in writing at the address listed below as to any deviations or failure in construction of the improvements pursuant to said plans and specifications and requirements of said TOWN as soon as any deviation is brought to TOWN's attention, and SUBDIVIDER shall immediately cause such deviation or failure to be corrected at the sole cost of SUBDIVIDER. 044872 TOWN is not, by inspection of the construction or installation of the subject facilities, representing SUBDIVIDER or providing a substitute for inspection and control of the work by SUBDIVIDER. Any inspections and observations of the work by TOWN are for the sole purposes of providing notice of the stage and character of the work. The failure of the TOWN to note variances from the plans and specifications for the project does not excuse or exempt SUBDIVIDER from complying with all terms of these plans and specifications. 13. RULES AND REGULATIONS Subject to the provisions of the Resolution and Ordinance described in subparagraphs 1A. and 1B., upon the system being accepted by TOWN, SUBDIVIDER together with his heirs, successors, and assigns, shall be subject to and shall comply with all of the rules and regulations of TOWN and shall pay the fees, rates, tolls, and charges established by the Town Council from time to time. 14. APPROVAL BY TOWN ENGINEER OF TOWN OF TRUCKEE It is mutually agreed by the parties hereto that the Town Engineer shall have the right to reject any or all of the work performed under this contract if such work does not conform with the approved plans and specifications, Town Improvement Standards, and "General Requirements" set forth herein. 15. OBLIGATIONS OF SUBDIVIDER It is the obligation of the SUBDIVIDER to perform work strictly in accordance with the approved plans and specifications and directives of the TOWN. SUBDIVIDER warrants that the plans and specifications conform as a minimum to Town Code, and that they are adequate to accomplish the work and SUBDIVIDER also warrants he will complete all improvements in a good and workmanlike manner in accordance with sound construction practices. Except as provided by law, SUBDIVIDER'S warranty and liability for the condition of the improvements shall expire at the point in time when ownership and/or maintenance responsibility for said improvements are transferred to a subsequent entity who assumes those warranty and liability responsibilities. 16. NOTICE OF COMPLETION SUBDIVIDER shall, upon completion and acceptance of improvements by TOWN, file a Notice of Completion of the improvements. 17. ASSIGNMENT 044872 This contract shall not be assignable by SUBDIVIDER without the written consent of the TOWN. 18. FILING OF "AS- BUILT" PLANS Upon completion of the improvements and prior to acceptance of the water, sewer, and road improvements by TOWN, SUBDIVIDER shall supply TOWN with one (1) mylar set of "as- built" drawings. Said drawings shall be certified by the SUBDIVIDER's engineer as being "as- built" and shall reflect the job as actually constructed, with all changes incorporated therein. 19. BUILDING PERMITS Building Permits will not be issued for any lot until adequate fire protection flows, as determined by the Truckee Fire Protection District Fire Marshall, exist on the project site; and adequate construction access, as determined by the Truckee Town Engineer, exists on the project site being considered for building permit issuance. In no instances will temporary or final certificates of occupancy be issued for any projects for which a building permit is issued until all on -site improvements, as required by this agreement, have been completed. 20. HEIRS, SUCCESSORS, OR ASSIGNEES This contract shall be binding on the heirs, successors, or assignees of each party. Purchasers of individual lots or parcels who are not successors to the SUBDIVIDER as developer of the subdivision shall not be liable on the subdivision covenants hereunder. This in no way shall exempt individual lot owners from the condition that all on -site subdivision improvements contemplated by this agreement shall be completed prior to issuance of temporary or final certificates of occupancy for any structures, and this agreement shall serve as notice to any potential individual lot owners that said requirements exist. Should SUBDIVIDER fail to construct all improvements as required by this agreement, the Town shall in no way become liable for costs, in excess of the bond amounts, necessary to complete improvements. 21. RECORDATION This agreement shall be signed by SUBDIVIDER concurrent with the filing of subdivision map No. 02 -007 and recorded in the official records of Nevada County. This agreement shall run with the land and bind all subsequent owners of the property, and shall be recorded against all parcels created by the recordation of said final map. 22. NOTICES 044812 All notices permitted or required under this agreement shall be deemed made when delivered to the applicable party's representative as provided in this agreement. Additionally, such notices may be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Town: Subdivider: Tony Lashbrook, Town Manager Gray's Station LLC Town of Truckee P.O. Box 2537 10183 Truckee Airport Road Truckee, CA 96161 Truckee California 96161 Attn: Rick McConn Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid, return receipt requested and addressed to the party at its applicable address. 23. APPLICABLE LAW This agreement shall be construed and enforced in accordance with the laws of the State of California. 24. INVALIDITY OF AGREEMENT If this agreement in its entirety is determined by a court to be invalid or unenforceable, this agreement shall automatically terminate as of the date of final entry of judgment. 25. THIRD PARTY LEGAL CHALLENGE In the event any legal action or special proceeding is commenced by any person or entity, other than a party to this agreement or a subsequent landowner not party to this agreement as defined herein, challenging this agreement or any provision herein, the parties and Landowner agree to cooperate with each other in good faith to jointly defend said legal action or special proceeding. Landowner shall be liable for its own legal expenses and costs and shall hold harmless and indemnify the Town from any such costs. 044872 26. LEGAL PROCEEDINGS AND VENUE Venue and jurisdiction for all proceedings pertaining to this agreement shall be in the Superior Court for the County of Nevada situated in Truckee, California. EXECUTED this -Pc day of %Ce= 4> 6e v , 2005, in the Town of Truckee, County of Nevada, State of California. SUBDIVIDER: Gray's Station LLC, a Delaware Limited Liability Company By: East West Resort Development V,L.P., L.L.L.P., A Delaware Limited Liability Partnership as a member and manager BY: HF Holding Corporation, A Colorado Corporation as its general partner j By i /i�r Rick McC nn Vice President — Project Manager ATTES : , VIRGINtAALLEE �� t:; _ Commission # 1476179 E .. vy, N Pub - California t • 04"✓ Nevada County �� -rr My Comm. Expkes Mar 13, 2008 STATE OF CALIFORNIA ) )55. County of NEVADA ) r On L_ .±w.' : )/'. ` r ' 7 =� before me a Notary Public in and for said State, personally appeared �� ✓;• `L`C C r.n ;----, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and £,£icial seal. Notary Public 044872 26. LEGAL PROCEEDINGS AND VENUE Venue and jurisdiction for all proceedings pertaining to this agreement shall be in the Superior Court for the County of Nevada situated in Truckee, California. th EXECUTED this 0 day of Oc -0 b P ( , 2005, in the Town of Truckee, County of Nevada, State of California. TOWN: APPROVED AS TO FORM: APPROVED AS TO IMPROVEMENT COSTS: occ,,v4. p 44,tita,AL To,, n Attorney, J Dennis Crabb Town Engineer, Daniel P W ilkins STATE OF CALIFORNIA )ss. County of NEVADA On 9 L: C, 'ca ---.. , -0c S , before me a Notary Public in and for said State, personally appeared \ > c LA AU, 1;Ci' 3 personally known to me (or proved-- to_me_on the- basis- of_sati- sf- actory- evi to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offilcial seal. ./. .r 1 /t� Q, Notary P blic, � L( L. �p J' "/Ce JUDY PRIC Ccmmission p I3 89 i39 Notary public - California 6 C;, Nevada County My Comm. Expires Dec 8. 2006 044812 EXHIBIT "A" APPLICATON NO. 02-007 GRAY'S CROSSING SPECIFIC PLAN PLANNED DEVELOPMENT 1. The following modifications to the 2000 Development Code, effective as of September 3, 2001, are hereby approved for Application No. 02 -007, commonly referred to as Gray's Crossing. If conflicts occur between the requirements of the Development Code and the requirements of the Planned Development, the requirements of the Planned Development shall control. This planned development shall apply to Application No. 02 -007, and the approval of this planned development shall expire if the development permit for Application No. 02 -007 expires. 2. Approve reduced setback and increased site coverage as described in the specific plan. 3. Approve reduced open space requirements within the Village Center development only when consistent with the Specific Plan and Tentative Map. 4. Allow increased site coverage and reduced open space requirements to allow for the construction of the Attached Housing component of the project when consistent with the Specific Plan and tentative map. 5. Approve minor encroachments into the 50 feet setback from the 100 year flood plain for the following: (a) Lots 33 and 34 (b) Golf Holes 5,6, and 7 (c) Small Portion of Roadway Infrastructure as identified on the approved tentative map. • 044872 EXHIBIT "B" APPLICATON NO. 02 -007 GRAY'S CROSSING SPECIFIC PLAN CONDITIONS OF APPROVAL General 1. The project is approved for those uses listed in Table 1 of the Planning Commission staff report dated September 30, 2003, and as shown on the tentative map /site plan. 2. The development standards for the cottage lots, village center, and attached housing and units shall be as set forth in the Gray's Crossing Specific Plan on file in the Community Development Department. The development standards for all other components of the development shall be subject to the appropriate zoning districts established for the development (Le, RS, CN, RM, and REC) 3. The time limits for development and phasing shall be as set forth in the development agreement. 4. All mitigation measures identified in the certified Environmental Impact Report shall be incorporated into the project as conditions of approval and shall be made part of the development agreement. 5. The Town Planner may hire an independent consultant to inspect the construction of any and all improvements and to verify that construction complies with all mitigation measures, conditions of approval, Development Code standards, and other Town standards and policies. The applicant shall be responsible for all costs associated with the hiring of the consultant and the performance of their duties. 6. The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town, which action is brought within the time period provided for by State law. 7. Prior to issuance of any grading or building permits for the project, the applicant shall provide sufficient evidence to the approval of the Community Development Director demonstrating there is adequate financing for the project to guarantee that the project will be completed or provide performance guarantees with sufficient legal commitments and financial sureties to guarantee the faithful performance of any and all conditions of approval per phase and completion of the project or to guarantee the restoration of the site if the project is not completed. The form, manner, and amount of the guarantee shall comply with the requirements of the Town Planner and the Town Attorney and shall be 4 044872 reviewed and approved by the Community Development Director prior to issuance of permits. 8. Prior to the recordation of any final map for residential lots, a deed restriction shall be recorded on the property in the Nevada County Recorder's Office providing disclosure to potential buyers of the existence of the Truckee Tahoe Airport. The deed restriction shall include the following language: This property is in the area subject to overflights by aircraft using the Truckee Tahoe Airport, and as a result, residents and guests may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents and guests of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying interests in the property shall contain a statement in substantially this form. The deed restriction shall be reviewed and approved by the Town Planner prior to its recordation in the Nevada County Recorder's Office. 9. Prior to the recordation of any final map for residential lots or the issuance of any certificates of occupancy, the property owner shall grant an aircraft overflight easement to the Truckee Tahoe Airport District. The easement shall include the language shown in the "Typical Overlight Easement" sample provided in Exhibit D2 of the Airport Land Use Planning Handbook (CalTrans Division of Aeronautics, December 1993). The easement shall be reviewed and approved by the Town Planner prior to its recordation in the Nevada County Recorder's Office. 10. Pursuant to Section 21089 of the California Public Resources Code and Section 711.4 et seq. of the California Fish and Game Code, fees in the amount of $850.00 and $32.00 shall be submitted to the Planning Division within five (5) working days of the approval of the project. A check in the amount of $882.00 shall be made payable to the County of Nevada and submitted to the Town Planner. No grading or building permits shall be issued until the fees are paid. The fees are required to be collected on behalf of the Department of Fish and Game and are not for Town purposes. 11. The covenants, codes, and restrictions (CC &R's) or similar regulations or restrictions for the subdivision shall not prohibit secondary residential units on those lots zoned single family residential and constructed in accordance with the Town Development Code. 5 044872 12. Woodstoves, fireplaces, zero clearance fireplaces, and other woodburning devices shall be prohibited in the project except one fireplace may be installed in both the commercial lodge and the clubhouse. 13. Prior to recordation, a note shall be placed on the final map for each phase, to prohibit the use of woodstoves, wood burning fireplaces, zero clearance wood burning fireplaces, and other wood burning devices within the subdivision. 14. Prior to recordation of each phase of the final map, the applicant shall provide evidence to the Community Development Department of the payment er-pay of a the Park Land In -Lieu recreation mitigation fee of $2,623 per newly created single family parcels, or an alternate fee determined by the Truckee Donner Park and Recreation District. Written evidence by the Truckee Donner Park and Recreation District shall be provided to the Town for any alternative fee or agreement made between the district and the developer. 15. The 100 year flood plains shall be identified and mapped on the final map prior to recordation. 16. A 50 feet no building setback from the 100 year flood plain of the season tributary shall be identified and noted on the final map prior to recordation. No permanent building structures, including the retention ponds shall be permitted within the no building setback area, with the exception of the following: a. Unit 4 i. Lots 33 and 34 ii. Golf Holes 5, 6, and 7 Ili. Small portion of Roadway Infrastructure as identified on the tentative map Open Space 17. The development area for the project shall substantially conform with the approved tentative map /site plan of the project site. The size and location of the development area shall be shown on all construction and building plans submitted for the project, and the Town Planner shall verify that the development area complies with the requirements of this condition. 18. Prior to the recordation of any final map for the first phase of the development, the applicant shall grant the Town of Truckee, or other agency or organization approved by the Town Council, an open space easement restricting uses within the open space area to open space, passive recreation, and other compatible uses. The easement shall be created and established in accordance with the requirements of the Town Attorney and Town Planner. It is recognized that the easement will accommodate golf course tees, fairways, and greens and other minor golf course improvements located in the vicinity of fairways and greens (e.g., water fountains; restrooms); exclude the employee housing,; and allow for existing and future public utility facilities. If the subdivision is recorded in phases, 6 044872 the Town Planner may allow the recordation of the open space easements in the concurrent phase. Trails 19. Trails within the project site shall be dedicated, constructed, and maintained as as follows: Trail Segment: Segment 1 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner and Town Engineer. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved Class I with separated soft surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 2 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 4' separated soft surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 3 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner and Town Engineer. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 4' separated soft surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 4 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 4 7 044872 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved Class I trail to connect to the SR89N under crossing, specifications as shown on the map and to be verified by the Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 5 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 4' separated soft surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 6 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner and Town Engineer. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved surface trail Class I with separated soft surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 7 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 4' Class II, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. 8 044872 Trail Segment: Segment 8 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 9 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Segment 10 Location: As shown on the Trails Plan; potential conflicts with utility easement / utility roads to be identified; final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 8' separated paved surface trail, specifications to be determined by Town Planner; Improvement plans to be created prior to initiating of Phase 2 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. Trail Segment: Link Units 3 and 4 Location: Final alignment to be approved by Town Planner. Width of Offer: To be determined by Town Planner and Town Engineer. Improvements: 4' separated soft surface trail, specifications to be determined by Town Planner; May be combined with golf cart path; Improvement plans to be created prior to initiating of Phase 3 of the tentative map or specified in the Development Agreement. Maintenance: Developer to maintain until accepted by another entity; maintenance agreement to be executed and recorded. 9 044872 Buildings 20. The developer shall submit to the Town Planner a comprehensive sign plan for the project. The sign plan shall include details and specifications on the location, size, materials, design, lighting, etc. of the sign and shall address all exterior signs including the project entry sign, directional signs, informational signs and kiosks, street signs, building signs, and address signs and supports. The signs shall be consistent with the Town Design Guidelines. 21. All exterior lighting shall comply with Town lighting standards, specifications, and guidelines and the Gray's Crossing Specific Plan in effect at the time of installation of the lighting. Prior to the issuance of any building permits, a comprehensive lighting plan shall be submitted to the Town Planner for review and approval. The lighting plan shall address street and driveway lighting, parking lot lighting, and all other exterior lighting including lighting on the exterior of structures. The lighting plan shall include all information necessary to demonstrate compliance with all requirements of the these conditions of development. 22. Street lighting and other lighting outside the approved developmentarea shall not be allowed except for street lights required by the Town of Truckee for traffic safety issues, and lighting for the monument sign at the project entry. 23. Prior to construction of the cottage units, buildings within the village center, attached housing, and recreation facilities shall submit a formal application for a Development Permit consistent with Chapter 18.74 shall be submitted and approved. 24. All utility lines necessary to serve the development shall be underground. 25. Landscaping is required to buffer buildings from SR 89N. Prior to issuance of improvement plans for phase 1, a final landscape plan, to be approved by the Town Planner shall be submitted for all landscaping to be located within the designated Scenic Corridor as shown on Sheet 31 of the Development Code. Housing 26. 725 housing units are approved for the Grays Crossing development. The following housing stock will be required per the approved housing plan in accordance with the phasing established by the Development Agreement: 1. 408 Single Family Lots 2. 89 single family cottages 3. 21 live /work lofts 4. 115 Attached housing units 5. 92 affordable /employee housing units 10 044872 Streets and Utilities 27 Prior to Town Council review, additional detail on the horizontal curvature and vertical profile of the roadways shall be submitted to the Engineering Division to ensure that the project can be built as required in the Town Engineering Standards and as shown on the Tentative map. 28. Prior to Town Council review, the tentative map needs to show pedestrian, golf cart and bikeway facilities. All cart path crossings shall be coterminous with trail crossings over right -of -way. 29. Prior to Town Council consideration, design exceptions to the Engineering Standards must be applied for and justified. 30. All golf cart crossings shall be constructed under Prosser Dam Road unless evidence is provided by the applicant, and reviewed and approved by the Town Engineer to demonstrate that there are significant construction constraints that would preclude the under - crossings. If the Town Engineer determines at grade golf cart crossings are more appropriate than under - crossings, then tear drops crossings within the Town right -of -way can be approved in conjunction with a round about at Prosser Dam Road and the entry to the proposed recreation center. 31. The knuckle shown on Figure 3 -8 of the Tentative Map requires Town Engineer approval and may not be allowed. Additional design information is required prior to approval. 32. A 80 feet right -of -way will be required along Alder Drive and Prosser Dam Road. 33. Snow store storage easements shall be required at the end of cul -de -sacs, at street intersections, for all properties that abut public right -of -ways, and at the discretion of the Town Engineer. The location, size, and dimensions of the easements shall be as determined by the Town Engineer, and the easements shall be created in accordance with the requirements of the Town Engineer. 34. Prior to recordation of a final map three sets of improvement plans at a - scale agreed upon by the Town Engineer and the developer, on 24 "x36" plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work in the proposed public rights -of way and easements. The plans shall incorporate proposed grades within those rights -of -way, as well as proposed methods by which to accommodate drainage and necessary BMP's. Improvement plans shall also incorporate cost estimates for all work to be performed within the Town maintained right -of -way. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan submittal. Public improvement plan check fees and inspection fees are calculated using the estimated construction costs of portions of work within the proposed right -of -way and easements. 11 044872 35. Improvement Plans: Prior to commencement of any street improvement construction, engineered improvement plans shall be submitted to, reviewed by, and approved by the Town Engineer. The improvements shall be designed in accordance with the requirements of the Town Engineer. The improvement plans shall identify the method by which trees to be retained will be flagged in the field to ensure they are not removed during construction. The Town Engineer shall not approve the plans until the plans are approved by the Town Planner, and the plans shall not be valid until the Town Planner approves and signs the plans. 36. The Improvement Plans shall include the location and amount of disturbance within a designated wetland. The project will be required to restore or create a wetland and riparian habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed). A wetland restoration plan shall be prepared by a biologist and approved by the Town Planner. Additionally, the disturbance and /or removal of the wetland and riparian habitat will need to comply with all Federal and State Regulations. 37. Timing of Improvements: The street improvements shall be constructed and completed in accordance with the construction phasing of the project and as necessary to provide access to all structures as determined by the Town Engineer. The street improvements shall be completed prior to occupancy of structures within the applicable development phase. 38. Prior to recordation of a final map, the applicant shall provide identification of all existing drainage on the property and adjacent property which may affect this project in accordance with the Town Engineering Standards. This identification shall show discharge points on all down stream properties as well as drainage courses after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre - project stormwater flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. 39. Prior to recordation of the final map, both on -site and off site frontage improvements for this project are required. These improvements will include but may not be limited to: a. Curb, gutter and sidewalk along all multi - family, commercial, town home, high density, and employee housing as determined by the Town Engineer. b. A pedestrian trail and bikeway shall be provided and be consistent with Condition Number 19, the Bikeways and Trails Master Plan, and with the Old Greenwood subdivision trails plan. c. Prior to issuance of the first building permit or final map recordation the applicant shall pay its fair share of cost improvements at the SR267 /Northstar Drive and Donner Pass Road /Bridge Street intersections as outlined in the EIR mitigation measure 4.2.1 d. The applicant shall construct the improvements to the SR 89 / Donner 12 044872 Pass Road as described in the EIR mitigation measure 4.2.1 e. Prior to Phase 2 development the applicant shall conduct a signal warrant analysis at the SR89 /AlderDrive /Prosser Dam Road intersection, and if the warrants are met the applicant shall construct a signal or roundabout at this location. It warrants are not met the applicant shall prepare design plans for a roundabout or signal at this intersection that is acceptable to Caltrans and the Town and post a bond equal to 125% of the approved construction estimate, and conduct an annual warrant analysis, in addition to the construction of a left turn lane onto Alder Drive. f. Prosser Dam Road from SR 89 to the easterly limit of the project needs to be upgraded to two 12' lanes with feu two foot shoulders, and associated ditches /grading, as approved by the Town Engineer. The applicant will be required to pay for 50% of the cost to upgrade this portion of roadway reconstruction. 40. Prior to recordation of the final map, the applicant shall be required to offer for dedication to the Town of Truckee 20' drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. 41. Prior to the recordation of any final map for residential lots, a road maintenance association shall be formed in accordance with the requirement of the Town Engineer. The association shall be responsible for maintenance (including snow removal) of all road improvements including within the development including, the emergency access /maintenance street, and project access streets and all drainage facilities for the streets. The document establishing the road maintenance association shall be reviewed and approved by the Town Attorney and Town Engineer. 42. Prior to issuance of a building permit, an offer of dedication for frontage improvements shall be completed, if not already completed through the recordation of the final map. 43. The applicant shall be required to enter into maintenance and hold harmless agreement for any and all frontage improvements, including, but not limited to on street parking, sidewalk, trails, and landscaping. 44. Prior to issuance of a building permit, a maintenance agreement for frontage improvements shall be completed, including, but not limited to on street parking, sidewalk, trails, and landscaping. 13 044872 45. Prior to certificate of occupancy for any building, frontage improvements shall be completed, or provide a surety equal to 125% of the engineer's estimate to the satisfaction of the Town Engineer. 46. All roadway and utility infrastructure shall be constructed and approved by the respective responsible agencies or bonded for. 4 Lots adjacent to Prosser Dam Road will require a no access easement across the property frontage abutting Prosser Dam Road. 48. The project access streets shall be improved to the specifications shown on the tentative map /site plan unless such specifications are reduced by the Town Engineer. The alignments of the streets shall substantially follow the alignments shown on the approved site plan /tentative map. 49. The applicant shall submit to the town Planner proposed street names for the project access streets serving the project. The street names shall not be identical or similar to existing street names in the Town of Truckee or the surrounding area. The street names shall be approved by the Town Planner prior to issuance of any certificates of occupancy for structures served by the street. 507 Street Name Signage: All signage shall be approved by the Town Engineer and installed prior to Town approval of the completion of the improvements of the primary access street. Street name signs for the interior access roads shall be • installed at the locations determined by the Town Engineer. These signs need not meet Town street sign specifications, however, the design and specifications of the signs shall be approved by the Town Engineer and the Truckee Fire Protection District. 51. Cul -de -Sacs serving 10 or more lots may not be accepted for public access and/or maintenance. The developer shall be required to enter into a maintenance agreement for the private maintenance of the road. The language of the maintenance agreement shall be approved by the Town Engineer. 52. The developer shall install curb /gutter /sidewalk for all roadway infrastructure relating to the cottage lots, the village center, and the attached housing units and /or any other high density generating land uses within the development. 53. The two emergency access points depicted on Phases 1 and 4 shall be paved and maintained all year round. The developer shall be required to enter into a maintenance agreement for the subject improvements. The language of the maintenance agreement shall be approved by the Town Engineer. 54. The CC &R's for the subdivision shall include the use of the golf cart paths for pedestrian access for property owners within the subdivision seasonally, and open to the general public at times the golf course is not open. 14 044 872 55. The developer shall prepare a transit plan identifying methods and equipment necessary to provide transit services for project owners, residents, lodging guests, and employees. Transit services shall provide transportation to Downtown Truckee and provide connections to private and public transit providers. The transit plan shall be reviewed and approved by the Public Works Director. The project owners shall become members of the Truckee North Tahoe Transit Management Association. Development Agreement 56. The development agreement shall accurately describe the project that is ultimately approved by the Town Council. 57. The development agreement shall include a provision that states that the Community Development Director may approve minor changes to the project in accordance with the Development Code, the Planning Commission may approve major changes to the project in accordance with the Development Code, and the Town Council shall approve any changes to the development agreement. 58. The development agreement shall include a provision which states that all development shall be subject to Town fees, including impact fees and mitigation measures, in effect at the time of building permit issuance and the development shall be subject to all increases in fees and to any new fees that may be adopted by the Town Council after execution of the development agreement. 59. The development agreement shall include a provision to incorporate the affordable /employee housing requirements, including the density bonus units for the project as approved by the Town Council. 60. The development agreement shall include a provision which states that acceptance of offers of dedication for streets, including maintenance, shall be at the discretion of the Town Council notwithstanding Town policies and standards in effect at the time of execution of the development agreement or subsequently adopted. 61. The development agreement shall be reviewed and approved by the Town Attorney prior to execution of the agreement. 62. The development agreement shall include a provision that indemnifies the Town from subsequent actions taken pursuant to CEQA. 63. The development agreement shall include a provision that allows for any other item required by State law and Chapter 18.150 of the Development Code that are discovered by the Town Attorney to be missing or lacking in the development agreement. 64. The development agreement shall clearly state that the agreement is between 15 044872 the property owner and the Town of Truckee; other local special districts and governmental agencies are not parties to the agreement; and the development agreement has no effect on the rules, regulations, and fees of other local special districts and governmental agencies that may have permit or approval authority over the project. • 65. The development agreement shall include a provision which mandates that Truckee be made the situs for all project - related purchases which are subject to California sales and use tax. If the developer can demonstrate that the project - related materials cost more than 5% than what can be purchased elsewhere, then the developer may purchase the materials outside of Truckee. 66. The development agreement shall include a provision which requires the developer to actively solicit and broadly distribute to any local labor, suppliers, and contractors before importing those services and supplies. Documentation of the effort shall be required, but ultimately, any determination made on such availability shall be based on the findings that the labor and supplies are locally available and the local pricing of labor and supplies is competitive. 67. The development agreement shall clearly state that the development standards and policies applicable to this project for the life of the development agreement shall be those standards and policies in effect on the date of execution of the development agreement, except as said standards and policies may be modified or added on to by the conditions of approval for the project. 68. The Development Agreement shall include a provision that would allow the amount of lodging units to be increased up to 300 units, provided that the developer can demonstrate an adequate site layout that is consistent with the approved tentative map. 69. The Development Agreement shall include a provision that would allow fractional ownership of the lodging units only on the basis that an equivalent transient occupancy tax could be generated with the fractional ownership units. 70. All approved amendments to the Development Agreement shall be reported to the Planning Commission at a regularly scheduled meeting, no less than 60 days of the amendment. 71. All modification to the Operating Memorandum of the Development Agreement shall be reported to the Town Council at a regularly scheduled meeting, no less than 60 days from the date of the modification. 72. The Development Agreement shall include a provision that would allow the slight modifications to the proposed affordability targets based on market forces and demand, with the caveat that an equivalent affordability target shall be achieved. The modifications to the affordable housing counts and targets shall be approved by the Town Planner. 16 044872 73. The developer will have the option to either make the golf course semi - private and in compliance with Mitigation Measure 4.1.4, or create a public golf management plan that would allow for public play times for the general public and lodging units. 74. The Development Agreement shall require all 21 live /work lofts be targets towards moderate families of 3 persons. 75. The Development Agreement shall include a requirement to place deed restriction for local buyers or an equivalent process approved by the Town Planner for all 97 bonus units. Other Conditions 76. Prior to issuance of Improvement Plans the Planning Commission shall review and approve the design, materials, and aesthetics for all BMP's and /or drainage facilities within the Gray's Crossing development. The Commission will only have discretion of the BMP and drainage system design. 77. Prior to any grading and /or disturbance of the Gray's Crossing site, fhe Planning Commission shall review the Sustainability Guidelines prepared for the development for consistency with the information represented at the meeting and contained in all documents submitted for the Gray's Crossing Specific Plan, EIR, and miscellaneous reference materials. 78. Approve the tentative map allowing multiple phases of the map to be recorded for the project as proposed and outlined in the Development Agreement. 79. An expanded, comprehensive water quality monitoring program shall be required for the development of the golf course. The monitoring program should include both pre and post development monitoring of surface and ground water for the life of the golf course. The monitoring plan shall be developed in conjunction with the following requirements: a. Lahontan Regional Water Quality Control Board (RWQCB )staff; b. Storm Water Pollution Plan for the project (SWPPP); c. National Pollution Discharge Elimination System (NPDES) Permit for construction issued by the State Water Quality Control Board. d. The written recommendations of the Truckee River Watershed Council. The monitoring program shall include the following elements: a. A statement of success criteria and methods used, including dates of observation and contact information for the monitor. b. Summary of data collected. c. Photographs. d. Evaluation of attainment of criteria and recommended remedial actions, if any. 17 044812 e. Recommendations for modifications of methods or criteria, if applicable. f. Surface and ground water sampling not less than quarterly, or as recommended by the independent consultant. The results of such sampling shall be provided to the Town and shall be a public record. Under the SWPPP requirements and NPDES requirements, responsibility and compliance with the monitoring program is the responsibility of the land owner(s). Given such, the land owner has the obligation to prepare and submit the monitoring program. The Town staff shall retain, at the owner's expense, an independent contractor to review and provide recommendations for actions needed to improve and /or implement the monitoring program. The independent contractor retained by the Town shall provide an annual written report as to the adequacy and success of the water quality control methods utilized in the monitoring plan. The results of this annual report will be used to amend or adjust the operations program to insure continual water quality success. The independent contractor may, at its discretion, submit a report and make recommendations to the Town at any time the contractor deems such a report necessary to protect water quality. The landowner shall implement the recommendations in the independent contractor's annual or other report to ensure the protection of ground and surface water quality. 80. The Town may hire an environmental consultant, at the expense of the land owner, to review the Natural Resources Management Plan (NRMP) and advise the Town regarding this document. The final NRMP shall be forwarded to the Planning Commission for review to ensure consistency with the environmental consultant's recommendation. An environmental consultant shall also be hired at the expense of the land owner(s) if any and all amendments to the NRMP are proposed after the Planning Commission's review. The amended document shall be brought back to the Planning Commission for re- review and compliance with this condition. 81. In the event the pedestrian and bike under - crossing for west/east bound travelers under State Route 89 North cannot be achieved in its existing location, the applicant shall provide an altemate under - crossing under State Route 89 North. 82. All project approvals for the Gray's Crossing Specific Plan shall become null and void if the development agreement between the Town of Truckee and East West Partners is not signed within the 30 days of the project approval. 18 044812 EXHIBIT "C" APPLICATON NO. 02 -007 GRAY'S CROSSING SPECIFIC PLAN FINDINGS The Town Council hereby accepts and incorporates herein by reference the following in support of these findings: • Town Council staff report dated February 5, 2004 • Town Council staff report dated January 7, 2004 • Town Council staff report dated December 16, 2003 • Planning Commission minutes of November 4, 2003 • Planning Commission minutes of October 15, 2003 • Planning Commission minutes of September 30, 2003 • Planning Commission staff report dated November 4, 2003 • Planning Commission staff report addendum dated October 15, 2003 • Planning Commission staff report dated October 15, 2003 • Planning Commission staff report dated September 30, 2003 • Final Environmental Impact Report prepared by Pacific Municipal Consultants • Fiscal Impact Report prepared by Goodwin Consulting Group for the Gray's Crossing development California Environmental Quality Act 1 a. The land use approvals are in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted. A Final Environmental Impact Report has been completed in accordance with the requirements of the CEQA Statutes and Guidelines. The Final EIR finds that the project may have significant effects on the environment, however, mitigation measures have been identified that eliminate or reduce each significant effect to a less than significant level. A mitigation monitoring and reporting program has also been completed in accordance with the requirements of CEQA. The findings of Fact and Statement of Overriding Consideration has been included below to further support the aforementioned CEQA finding. • 19 044872 CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS J OF THE TOWN COUNCIL FOR THE TOWN OF TRUCKEE for GRAY'S CROSSING February 5, 2004 20 044872 INTRODUCTION The 1996 Truckee General Plan provides for development of the Gray's Crossing site as a "Planned Community" area, which requires approval of aSpecific Plan prior to development. (See Truckee General Plan, pp. 50 -51, Plate 2.) In the General Plan, the site is designated as Planned Community -2 ( "PC -2 "). (ibid.) In 1999, the Hopkins Trust submitted an application to the Town of Truckee ( "Town ") for development of the site entitled the "Boca Sierra Estates Specific Plan." The Boca Sierra Estates Specific Plan proposed development of a 789 -acre site in a combination of mixed land uses, including single - family residential units, multi - family residential units, a retail /mixed -use village center, a golf course and related recreational facilities, and a church site. A Draft Environmental Impact Report ( "EIR ") was prepared for the Boca Sierra Estates Specific Plan and an administrative Final EIR was being reviewed by Town Staff when the property was transferred to East West Partners ( "East West ") and environmental review was suspended. (See Draft EIR, p. 1 -1.) East West revised the Project, changing its name to Gray's Crossing, and continued with the planning process. As described in the June 2003 Draft EIR and the September 2003 Final EIR prepared for the Gray's Crossing Specific Plan/Tentative Map Project ( "Project "), the Project area now encompassing approximately 757 acres and proposes a mixed -use planned community. Proposed land uses include single - family and multi- family residential units, a commercial component and mixed -use village center, church site, and recreational facilities that include a golf course. The Project would also include construction of local streets and infrastructure. Approximately 55 percent of the Project area would be preserved as open space. (See Draft EIR, pp. 1 -1 to 1 -2.) The Town is the lead agency for the environmental review of the Project and has the principal responsibility for its approval. These findings, as well as the accompanying statement of overriding considerations in section XIII, infra, have been prepared in accordance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ( "CEQA "), the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the Town's Development Code. I I. DEFINITIONS AND ACRONYMS These findings use the same definitions and acronyms set forth in the EIR. In addition, the term "Commission" refers to the Town Planning Commission, and the term "Council" refers to the Town Council. III. PROJECT DESCRIPTION • A. OVERVIEW The Gray's Crossing Specific Plan proposes the development of a 757 -acre site as a destination recreational community with a golf course and other amenities, single - family, 21 014,812 cottage, and attached housing, and a mixed -use village center. The Project proposes the following: Residential Land Uses -- 408 single - family residential lots; -- 89 cottage lots that allow for cottage units; -- 21 live -work lofts located above the retail floor in the Village Center; -- 115 attached housing units, in a village setting, ranging from studio flats to 3- and 4- bedroom townhomes; and -- 92 unit affordable /employee housing complex, comprised of 64 units of Gray's Crossing affordable housing and 28 units of Old Greenwood employee housing. Village Complex A 47,900 square foot Village Center that includes the following: • -- Office and Retail — 38,900 square feet of office and retail floor space. This area would also accommodate 21 live -work lofts above the retail floor; -- Lodge — 120 rooms with 5,000 square feet of conference facilities and limited food service. Each unit within the Lodge will be designed to allow for flexible use such as commercial condominiums, time -share or fractional ownership; -- Community Cultural Center — A 7,200 square foot multi -use building that can accommodate worship services, community gatherings, cultural events and theater; -- Gas Station — A 1,800 square foot service station and convenience store; -- Attached Housing — See Residential Land Uses above; and -- Church Site — An approximately 1.5 -acre site to provide a future worship center and multi -use facility for the Truckee Ecumenical Partnership. Golf Course An 18 -hole championship golf course, practice range, maintenance facility, fitness center, and clubhouse with restaurant and lounge. The golf course will be constructed on four parcels totaling 193 acres, and the turf and rough area will make up approximately 108.5 acres. Open Space Approximately 417.6 acres of open space is dispersed throughout the Project and is connected by a series of trails that network throughout the development and neighboring properties. 22 044812 Church Site Approximately 8 -acres is provided for a future worship center and related facilities. (See Draft EIR, pp. 3 -1 to 3 -2.) B. PROJECT OBJECTIVES The following objectives have been identified for the Project: • Develop a neighborhood community consisting of mixed land uses, which include open space, lodging, recreational amenities (such as a golf course and trails), local residential uses, and a neighborhood oriented retail shopping area. • Provide for both an environmentally and economically sound development. • Cluster residential development in'response to natural features and resources on the site consistent with the economic goals of the Project. • Create design guidelines that establish specific criteria for all land use components within the Specific Plan. • Provide scenic amenities desired by the public and devote large areas to open space. • Conserve wetlands, natural drainages, and other wildlife habitat of significant biological, scenic, and recreational value. • Provide trails, lodging, professional office space, and neighborhood retail services. • Provide for affordable and employee residential housing units within the overall development. • Generate tax revenue for the Town of Truckee, special district areas, and Nevada County. • Establish permanent employment opportunities and secondary jobs. • Implement the Town of Truckee General Plan's comprehensive pedestrian and bike trailway system by providing pedestrian and bike lanes throughout the Project site, which connect to adjacent subdivisions, Downtown Truckee, and areas east and west of the Project site. • Provide opportunity to Zink sewer services to Prosser Lakeview Estates. (See Draft EIR, p. 3 -20.) 23 044812 C. DISCRETIONARY APPROVALS The Project requires the following permits and approvals from the Town: • Certification of Gray's Crossing Specific Plan Project EIR. • Adoption of a Mitigation Monitoring Program for the Gray's Crossing Specific Plan. • Adoption of the Gray's Crossing Specific Plan by resolution, • Adoption of the abandonment of public access and utility easements • Adoption of a tentative map, planned development, use permit, and lot line adjustment to divide the 757 + /- acre Project site into 408 single - family residential lots, 89 cottage lots, 22 multi - family lots, 11 commercial Tots, 14 open space parcels, 4 golf parcels, and 1 church parcel. The Town and the applicant have also proposed to enter into a development agreement for the project. The development agreement is a discretionary entitlement. The agreement is not necessary for the project to proceed. It would, however, "vest" the entitlements requested by the applicant. The applicant may have to obtain additional approvals and permits from local, regional, state and federal agencies. These other agencies may use the Town's EIR in their decision- making processes. These other permits include: • Lahontan Regional Water Quality Control Board ( "RWQCB ") Waste Discharge Permit, National Pollutant Discharge Elimination System ( "NPDES ") permit, SWPPP, CHAMP, and Water Quality Certification or waiver, under sections 401 and 402 of the Clean Water Act ( "CWA "). • U.S. Army Corps of Engineers ( "COE ") approval of permits under section 404 of the CWA, which may include an evaluation of cultural resources under section 106 of the National Historic Preservation Act. • California Department of Fish and Game Streambed Alteration Agreement under sections 1601 and 1603 of the Fish and Game Code. • Caltrans Encroachment Permits related to widening and /or other modifications to existing roads in the vicinity of the Project. • California Department of Forestry Timberland Conversion Permit. • Foothill Airport Land Use Commission ( "ALUC ") review of the Project's compatibility of land uses against height, noise, and safety guidelines in relation to airport uses and guidelines. 24 044872 • The Project may require service agreements or permits with utilities providers, including the Truckee Donner Public Utility District, Truckee Sanitary District, Tahoe Truckee Sanitation Agency, Truckee Fire Protection District, and Nevada County Department of Environmental Health. (See Draft EIR, pp. 1 -3) IV. ENVIRONMENTAL REVIEW PROCESS In accordance with section 15082 of the CEQA Guidelines, the Town prepared a Notice of Preparation ( "NOP ") in July 2002. The Town circulated the NOP to the public, local, state, and federal agencies, and other interested parties to solicit comments on the proposed Project. The July 2002 NOP is presented in Appendix A of the Draft EIR. Concerns raised in response to the NOP were considered during preparation of the Draft EIR. Upon completion of the Draft EIR, the Town filed a Notice of Completion ( "NOC ") with the State Office of Planning and Research. The Town concurrently published the two - volume Draft EIR for public and agency review on June 16, 2003. The public review period exceeded the minimum 45 days required by CEQA, ending on August 15, 2003. (Public Resources Code, Section 21161.) The Town received 21 comment letters from agencies, interest groups, and the public on the Draft EIR. In September 2003, the Town published the Final EIR for the Project. The Final EIR includes comments on the Draft EIR, responses to significant environmental issues raised in those comments, and revisions to the text of the Draft EIR. This document and the Draft EIR constitute the Final EIR. The Town Planning Commission conducted public hearings on the project on September 30, October 15, and November 4, 2003. The hearings lasted approximately 15 hours. On November 4, 2003, the Planning Commission voted 4 -1 recommending approval of the project to the Town Council. On December 16, 2003, and January 7, 2004, the Town Council held hearings on the project, provided additional direction to staff, and continued the item to February 5, 2004. V. RECORD OF PROCEEDINGS In accordance with Public Resources Code section 21167.6, subdivision (e), the record of proceedings for the Town's decision on the Project includes the following documents: • The NOP and all other public notices issued by the Town in conjunction with the Project; 25 044872 • The Draft EIR for the Project (June 2003); • All comments submitted by agencies or members of the public during the comment period on the Draft EIR; • All comments and correspondence submitted to the Town with respect to the Project, in addition to timely comments on the Draft EIR; • The Final EIR for the Project, including comments received on the Draft EIR and responses to those comments, and technical appendices (September 2003); • Documents cited or referenced in the Draft and Final EIRs; • The mitigation monitoring and reporting program for the Project; • All findings and resolutions adopted by the Commission or the Council in connection with the Project and all documents cited or referred to therein; • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the Town, consultants to the Town, or responsible or trustee agencies with respect to the Town's compliance with the requirements of CEQA and with respect to the Town's action on the Project; • All documents submitted to the Town (including the Commission and Council) by other public agencies or members of the public in connection with the Project, up through the close of the Planning Commission and Town Council public hearings; • Any minutes and /or verbatim transcripts of all information sessions, public meetings, and public hearings held by the Town in connection with the Project, including but not limited to Planning Commission hearings on September 30, 2003, October 15, 2003, and November 4, 2003, and Town Council hearings on December 16, 2003, January 7, 2004, and February 5, 2004.; • Any documentary or other evidence submitted to the Town at such information sessions, public meetings and public hearings; • The 1996 Truckee General Plan and all environmental documents prepared in connection with the adoption of the General Plan; • The Town of Truckee Development Code and all other Truckee Municipal Code provisions cited in materials prepared by or submitted to the Town; • Any and all resolutions adopted by the Town regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions; 26 044872 • Matters of common knowledge to the Town, including, but not limited to federal, state, and local laws and regulations; • Any documents expressly cited in these findings, in addition to those cited above; and • Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The official custodian of the record is the Town Clerk of the Town of Truckee, 10183 Truckee Airport Road Truckee, CA 96161. VI. CONSISTENCY WITH APPLICABLE PLANS The Draft EIR evaluates the Project to determine whether it is consistent with applicable plans. In this case, the relevant local land use plan is the Town's 1996 General Plan. The EIR provides an extensive analysis of the Project's consistency with the General Plan's goals and policies. Consistency is evaluated as a component of each impact area in the relevant EIR environmental analysis section. Where inconsistencies were identified, appropriate mitigation measures were formulated, including changes to the Project, to ensure that the Project is consistent with the General Plan. (See, e.g., Draft EIR, Impacts, 4.1.2, 4.1.3, and 4.1.4.) Any potential inconsistencies were, therefore, rendered consistent through implementation of the mitigation measures identified in the Draft and Final EIRs and adopted in these findings. (See Impacts Discussion in accompanying table.) The Council hereby finds that the Project is consistent with the General Plan for the reasons set forth in the EIR, in the staff report, and in these findings. The Council further finds that the project is not inconsistent with any mandatory and fundamental General Plan policies, or any other applicable plan. (See, e.g., DEIR, p. 4.1 -31, 4.2 -51, 88 (consistent with the Town of Truckee Trails and Bikeway Master Plan); Town Council Staff Report, pp. 406 (December 16, 2003).) The Council further finds that the project is consistent with the development density and intensity standards set forth in the General Plan. (See Town of Truckee General Plan, Land Use Element, Table 2.4, Table A.1.) Vi'. MITIGATION MONITORING AND REPORTING PROGRAMS A Mitigation Monitoring and Reporting Program ( "MMRP ") has been prepared for the Project, and is being approved by the Council by the same resolution that has adopted these findings. (See Pub. Resources Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15097.) The Town will use the MMRP to track compliance with Project mitigation measures. The MMRP will remain available for public review during the compliance period. ?7 044872 In addition, the Town has incorporated into the project a condition of approval requiring the applicant to establish and implement a comprehensive surface water and ground water monitoring program shall be developed and implemented for this project. The program will include both pre - development and post - development monitoring. The program will include the elements set forth in the condition of approval. The condition of approval also provides the Town with authority to retain, at the owner's expense, an independent contractor to review and provide recommendations for actions needed to improve or implement the monitoring program. VIII. SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Draft EIR identified a number of significant and potentially significant environmental effects (or impacts) that the Project will cause. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Other effects cannot be avoided by the adoption of feasible mitigation measures or alternatives, and thus will be significant and unavoidable. Some of'these unavoidable significant effects can be substantially lessened by the adoption of feasible mitigation measures. Other significant, unavoidable effects cannot be substantially lessened or avoided. For reasons set forth in Section XII, infra, however, the Council has determined that overriding economic, social, and other considerations outweigh the significant, unavoidable effects of the Project. The Council's findings with respect to the Project's significant effects and mitigation measures are set forth in the table attached to these findings. The findings set forth in the table are hereby incorporated by reference. IX. PROJECT ALTERNATIVES A. ALTERNATIVES ANALYSIS Where a significant impact can be substantially lessened (i.e., mitigated to an "acceptable level ") solely by the adoption of mitigation measures, the lead agency, in drafting its findings, has no obligation to consider the feasibility of alternatives with respect to that impact, even if the alternative would mitigate the impact to a greater degree than the proposed Project. (Pub. Resources Code, § 21002; Laurel Hills Homeowners Association v. City Council (1978), 83 Cal.App.3d 515, 521; see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730 -731; Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376, 400 -403.) As indicated in the discussion of Project impacts, most significant effects identified in the Project EIR have been substantially lessened, if not fully avoided, by the adoption of feasible mitigation measures. As a legal matter, the Council, in considering alternatives in these findings, need only determine whether any alternatives are environmentally superior with respect to those impacts not mitigated to a less than significant level. If any alternatives are superior with respect to those impacts, the Council is then required 28 044872 to determine whether the alternatives are feasible. If the Council determines that no alternative is both feasible and environmentally superior with respect to the unavoidable significant impacts identified in the EIR, then the Council may approve the proposed Project as mitigated, after adopting a statement of overriding considerations. The Gray's Crossing Project will result in the following significant, unavoidable impacts, even with the implementation of all feasible mitigation: Impact 4.2.12: Full development of the Proposed Project is expected to add to year 2023 traffic volumes along Interstate 80 and State Route 89 (north of Interstate 80). While State Route 89 (north of Interstate 80) is anticipated to operate properly, Interstate 80 is expected to be deficient. Impact 4.4.6: Implementation of the proposed Project and other reasonable foreseeable projects would result in regional ROG, NOx, and PM10 emissions that would exceed the NSAQMD threshold of significance, thereby contributing to regional air pollution in the Truckee sub -Air Basin. This is considered a cumulative significant impact. (Draft EIR, pp. 4.2 -84, 4.4 -16.) These findings address the relative merits of Project alternatives with respect to all potential impacts of the Project. These findings also address whether the various alternatives avoid any of the significant unavoidable impacts associated with the Project. As the following discussion demonstrates, none of the project alternatives (other than the no- project alternative) avoids these particular impacts. In addition, although some of the alternatives are environmentally superior with respect to certain impacts, none of the alternatives is both feasible and attains most of the Project objectives. As set forth in the El R and in section III B, supra, of these findings, the Project objectives provide a basis for comparing Project alternatives and determining the extent that the objectives would be achieved relative to the Project. (See Draft EIR, pp. 3 -1 to 3 -2.) In accordance with the provisions of CEQA Guidelines section 15126.6, the Draft EIR identified and compared environmental effects of the following three alternatives with environmental impacts resulting from the proposed Project: Alternative 1 -- No Project/No Build Under this alternative, no development of the Project site would occur. The Project site would retain existing conditions and land use designations. Alternative 2 -- Reduced Development Under this alternative, development would occur similar to the proposed Project, but there would be an overall reduction in development distributed over the proposed multiple land uses for the PC -2 site: residential, commercial /retail, and recreational. For example, residential areas would be reduced in size through a reduction in lot size and via the elimination of different residential lot types; the golf course component would be condensed to a nine -hole course, and the 29 044872 associated facilities such as the clubhouse and fitness center would also be reduced; and the village center would have a reduction in commercial and retail space to minimize the overall footprint of development. The residential development would be clustered and moved further away from the two intermittent drainages that traverse the Project site by reducing residential lot sizes in Residential Units 1 through 4, and by eliminating fifty (50) single - family residential units, seven (7) cottage units, and five (5) units of attached townhomes, resulting in a total of 360 single - family dwelling units, 50 cottage units, and 43 units of attached townhomes, respectively. The 92 units of affordable /employee housing would remain unchanged. The reduction in lot sizes and elimination of a number of residential units and the reduction in size of the golf course and associated facilities, as well as the overall reduction in commercial /retail area, would result in an increase in open space of approximately 150 acres. Alternative 3 — Density Increase Option The Council requested that the Draft EIR evaluate additional housing opportunities for the Gray's Crossing site in an effort to offset housing needs in the Truckee region. In response to the Council's request, a "Density Increase Option" altemative was developed for the Project site, which would increase the number of residential units from 642 to 753 and would also provide additional affordable housing opportunities. The Village Center and golf course attributes of the Project would remain the same. The Density Increase Option has a development area footprint similar to the proposed Project. (See Draft EIR, p. 6 -2.) The Draft EIR's analysis of these alternatives appears in Chapter 6. This analysis is hereby incorporated by reference into these findings. Based on the analysis in the Draft EIR, the Council finds that the No Project/No Build Alternative (Alternative 1) and the Reduced Development Alternative (Alternative 2) are the environmentally superior alternatives. The Town's findings with respect to these alternatives are set forth below. B. ENVIRONMENTALLY SUPERIOR ALTERNATIVES 1. Basis for Identifying Environmentally Superior Alternatives Table 6-4 in the Draft EIR, recreated below, compares the Project's overall impacts with the alternatives discussed above. Based on this comparison and the analysis in the Draft EIR, the No Project/No Build Alternative (Altemative 1) and the Reduced Development Alternative (Alternative 2) were identified as the environmentally superior alternatives. These alternatives were determined to have less adverse environmental impacts than the Project as proposed. 30 044872 TABLE 6 -4 COMPARISON OF ALTERNATIVES TO THE PROPOSED PROJECT Alternative Alternative . Alternatrve Issue 1 2 Reduced Density No Project Developme Increase nt Option Land Use B S W Population and W B • B Housing Visual Resources B B S Transportation and B B W Circulation Air Quality B B W Noise B S W • Biological Resources B 8 W • Geology and Soils B S S Hydrology and Water B B F S Quality Cultural Resources B B W Community Services B S S Utilities and Service B 8 W Systems B - Impacts better than those of proposed Project. S - Impacts same as those of proposed Project, or no better or worse. W - Impacts worse than those of proposed Project. 2. Analysis of Environmentally Superior Alternatives As explained above, the Council need only determine whether any alternative is environmentally superior with respect to Project impacts that have not been reduced to a less than significant level. If any alternative is superior with respect to those impacts, the Council is then required to determine whether the alternative is feasible, and /or whether the alternative meets the Project's objectives. Regarding Gray's Crossing, all of the significant effects identified in the Project EIR, with the exceptions of one cumulative traffic impact (Impact 4.2.12) and one cumulative air quality impact (Impact 4.4.6) have been reduced to a less than significant level by the adoption of feasible mitigation measures. The Council must, therefore, consider the Project as compared to the environmentally superior alternatives with respect to these two remaining significant and unavoidable impacts. 31 0(0 +87 a. No Project/No Build Alternative The Council finds that, because the No Project/No Build Alternative would not result in further development at the site, the impacts of the Project would be avoided under this alternative. Nevertheless, the Council rejects the No Project/No Build Alternative. The Council finds that the No Project/No Build Alternative does not meet any of the basic objectives for the Project nor does it meet any of the General Plan's goals and policies for the PC -2 site. (See Draft EIR, pp. 3 -20, 6 -5.) In addition, the Council finds that beneficial effects, such as the creation of jobs, construction of single- and multi - family housing, affordable housing, and secondary housing opportunities within the Town, and the provision of land for a church facility would not occur under the No Project/No Build Alternative. Also, failure to develop this site would likely result in other development further from the town core, contributing to sprawl. For each of these reasons, the Council rejects the No Project/No Build Alternative. The Town of Truckee General Plan sets forth specific standards goveming development of the PC -2 area. The Town adopted these policies in 1996. The voters of the Town upheld these policies in a referendum. These policies therefore represent goveming policy regarding how development on the Gray's Crossing site should occur. These policies include the land uses set forth in Table 2.4 of the General Plan. The Town's Housing Element relies in part on PC -2 to provide the residential density necessary to meet the Town's housing goals. (Truckee General Plan, Table 7.33.) The No Project/No Build Alternative is inconsistent with these policies. Under this altemative, the entire site would remain as undeveloped open space. No housing would be provided. The recreational and commercial uses called for by the General Plan would not occur. The Town therefore rejects the No Project/No Build Alternative as inconsistent with the Town's General Plan and inconsistent with the Town's objectives for the project. b. Reduced Development Alternative The Reduced Development Alternative would involve a similar development to the proposed Project but with an overall reduction in size and scale. Residential uses would be reduced in size and number. Lot sizes on single - family homes would be reduced and fifty (50) single - family residential units, seven (7) cottage units, and five (5) units of attached townhomes would be eliminated. This would result in a total of 360 single - family dwelling units as opposed to 408 units, 50 cottage units as opposed to 89, and 43 units of attached townhomes as opposed to 48. The 92 units of affordable /employee housing would remain unchanged. The golf course component of the Project would also be condensed to a 9 -hole course under this alternative and the facilities related to the golf course, including clubhouse and fitness center, would be reduced. Commercial and retail space at the village center would be reduced as well. The live -work lofts included in the village center would also be reduced. (Draft EIR, pp. 6 -5 to 6 -8.) 32 044872 The reduction in residential, recreational, and commercial uses proposed by the Reduced Development Alternative would correlate to a minor reduction in the significant and unavoidable impacts of the proposed Project. The Town finds, however, that these reductions would yield only nominal environmental benefits. (Draft EIR, pp. 6 -6 to 7.) Although the Reduced Development Alternative may offer an incremental reduction in cumulatively significant traffic and air quality impacts (Impacts 4.2.12 and 4.4.6), which the Project EIR concludes are significant and unavoidable, these impacts would remain significant and unavoidable under the Reduced Development Alternative. This alternative also clusters development primarily south of Prosser Dam Road. The applicant has indicated that reconfiguring the development in this manner would require additional site grading that may in fact create additional significant impacts possibly worse than those associated with the Project as proposed. (See Final EIR, Comment 18-7.) Moreover, the Reduced Development Alternative does not meet some of the basic objectives for the Project, nor does it fulfill the Town's vision for the PC -2 site as set forth the General Plan's goals and policies. (See Draft EIR, pp. 3 -20, 6 -5.) With respect to Project objectives, property tax revenues to the Town would be substantially reduced under the Reduced Development Alternative due to the decreased lot sizes and reduction of the proposed golf course to a nine -hole course. Also, reduction of the scale of the golf course, the facilities related to the golf course, and commercial /retail space would reduce the number of jobs expected to be generated by the proposed Project. Regarding the General Plan's goals and policies, the reduction in recreational and commercial uses proposed by the Reduced Development Alternative diminish the site's status and appeal as a "destination recreational community." (See General Plan, p. 65, PC -2 Policies 6 and 7.) The Council concludes that, on the whole, the Redesign Alternative is not superior to the Project. The Council further finds that the Reduced Development Altemative does not meet all of the Project's objectives nor does it meet some goals and policies for the PC -2 site as set forth in the General Plan. The Council, therefore, rejects the Reduced Development Alternative. The Reduced Development Alternative may also be financially infeasible. The Reduced Development Altemative would reduce the Project's commercial /retail and recreational uses. Additionally, the number of residential single - family lots would be reduced by approximately 12% and the size of the remaining single - family lots would be considerably smaller. The golf course would also be condensed to a nine -hole course. Changes to the size of single - family lots, as well as the reduction in the scale of the golf course, decrease the value of the Project's residential properties as well as their marketability. The applicant has provided the Town with analysis addressing the economic viability of the Reduced Development Alternative, focusing on the economic repercussions of the reducing the golf course to nine holes. (See August 9, 2003, Memorandum prepared by Economic Research Associates; see also letter to Tony Lashbrook, Town of Truckee, from Rick McConn, East West Partners (December 5, 2003), p. 3 (concluding that "Alternative 2 would not generate a rate of return that would allow it to be financed "); see also memo to Tony Lashbrook, Town of Truckee, from Rick McConn, East West Partners (December 11, 2003) attaching letter from Crescent Real Estate Equities, Ltd. (December 11, 2003).) The analysis indicates that changes in the 33 044872 Project's design under the Reduced Development Alternative will significantly lower the expected return on the applicant's investment thereby jeopardizing the Project's funding. Thus, the Council finds the Reduced Development Alternative to be infeasible. X. MITIGATION MEASURES AND ALTERNATIVES PROPOSED BY COMMENTERS A. ALTERNATIVES 1. SWA GROUP/ MOUNTAIN AREA PRESERVATION FOUNDATION ALTERNATIVE One commenter included an alternative clustered design plan for the Project site attempting to "better meet local housing needs." (Final EIR, Comments 10 -2, 10 -47.) This alternative concept was designed by SWA Group and was included as Exhibit 1 to Letter 10 submitted on behalf of the Mountain Area Preservation Foundation ( "MAPF "). (SWA Group's clustered alternative was also referred to in Comments 10-47 and 11 -1.) SWA was granted a'' /2 hour to present its alternative at the Planning Commission and . the public at the hearing on October 15, 2003. SWA Group's proposed clustered alternative would use the 757 -acre site to authorize the following development: Affordable /Employee 100 units Attached Units 120 units Single Family 416 lots The lot sizes of the single - family units would be substantially reduced and the majority of the single - family units would be located adjacent to Interstate 80. Residential, commercial, and recreational components of the proposed alternative would be confined to the area north of Interstate 80, east of Highway 89, and south of Prosser Dam Road. The site would be leveled by means of grading. The character of the site would generally be similar to a conventional, small -lot subdivision. The golf course would be eliminated. Although the EIR considered a reasonable range of alternatives, the Responses to Comments in the Final EIR addressed SWA Group's proposed altemative and that discussion is hereby incorporated by reference. The analysis of impacts from SWA Group's proposed altemative indicates that although there may be an incremental reduction in the significant and unavoidable traffic and air quality impacts from the Project as proposed, impacts associated with SWA Group's proposed alternative would be similar. (Final EIR, p. 2 -86; letter to Tony Lashbrook, Town of Truckee, from Francine Dunn, EDAW (December 8, 2003).) Additionally, clustering development almost entirely south of Prosser Dam Road would require additional site grading and tree removal, causing additional significant environmental impacts, including impacts to geological and air quality resources. (See letter to Tony Lashbrook, Town of Truckee, from Francine Dunn, EDAW (December 8, 2003), including Project Comparison Matrix 34 044872 and Analysis.) Possible reductions in vehicle miles traveled under the proposed alternative are unsubstantiated and cannot be quantified, in part, because the proposed alternative is conceptual. The proposed alternative would also expose a greater number of people to noise from 1 -80. (Matrix, p. 3.) As discussed above with respect to similar aspects of the Reduced Development Altemative, SWA Group's proposed alternative also does not meet some of the basic objectives for the Project, nor does it meet the General Plan's goals for the PC -2 site. (See Draft EIR, pp. 3 -20, 6 -5; Final EIR, p. 2 -85; General Plan, pp. 64 -65; Project Comparison Matrix and Analysis, EDAW (December 8, 2003).) The proposed alternative does not meet Project objectives in that elimination of the championship golf course and decreased lot sizes would substantially reduce property tax revenues to the Town and County and would likely result in the inability to secure the community facilities district financing that is being pursued. (Goodwin Consulting Group Memorandum (October 22, 2003).) Moreover, elimination of the proposed championship golf course and related facilities would significantly reduce the number of full and part time jobs that the proposed Project would generate. Small lot size, elimination of the golf course, and configuring development within the area south of Prosser Dam Road, also limits the development potential of the site as expressed in the General Plan. As discussed above with respect to environmental impacts, clustering development south of Prosser Dam Road fails to consider "existing natural features" of the site as required by PC -2 Policy 1. (General Plan, p. 64.) PC -2 Policy 3 further requires that development of the site be "oriented and massed to provide for maximum exposure to winter sun[.]" (Id. at p. 65.) The alternative groups the buildings closely and provides narrow lots that would allow for only minimal setbacks. Many lots would have limited rear -yard frontage to the south, and thus would have little or no solar access. PC -2 Policy 2 states that development of the site should "[p]reserve open space corridors connecting to adjacent open space lands." Although the proposed alternative would provide more open space than the Project as proposed, the alternative creates a block of open space, not open space corridors as described in PC -2 Policy 2. (Id. at p. 2.) Reconfiguration of the Project and elimination of the proposed golf course also changes the character of the site. It effectively transforms the Project from a "destination recreational community" as described in General Plan PC -2 Policy 6 into a standard subdivision development. (See General Plan, p. 65, PC -2 Policy 6; Project Comparison Matrix, EDAW (December 8, 2003), p. 1.).) Although SWA Group's alternative offers passive recreational opportunities by providing trails, Table 2.4 in the General Plan specifies that the PC -2 site should incorporate "Recreational Commercial Uses, including such uses as a golf course, recreation center, hotel, and stables." (General Plan, p. 52; Project Comparison Matrix and Analysis, EDAW (December 8, 2003).) The General Plan's policies reiterate that development of the PC -2 site should "[pjrovide amenities such as a golf course, riding stables, cross country ski area, hiking /biking trails, recreational center, and hotel." (See General Plan, p. 65, PC -2 Policy 7.) 35 044872 Importantly, this site is the only area designated in the General Plan for development as a "destination recreational community." This policy is directive and specific. The SWA Group alternative does not comply with this policy. For all of these reasons, and each of them, the Council finds this altemative fails to meet Project objectives and the General Plan's goals for the PC -2 site. (See General Plan, pp. 64 -65; see also Letter from Gage Davis Associates (November 10, 2003), p. 2.) The Council also rejects the MAPF /SWA alternative as inconsistent with the PC -2 policies within the General Plan. (see Project Comparison Matrix and Analysis, EDAW (December 8, 2003); Planning Commission staff report (November 4, 2003), pp. 24 -25); City Council Staff Report (December 16, 2003), pp. 3 -4.) The financial feasibility of SWA Group's alternative is also questionable. The applicant provided an analysis prepared by Economic Research Associates and Goodwin Consulting Group on the viability of a golf course in this area and the economic implications of eliminating the proposed golf course. (See September 25, 2003, Memorandum prepared by Economic Research Associates; Goodwin Consulting Group Memorandum (October 22, 2003); see also Final EIR, p. 2 -86.) These two studies are incorporated by reference into these findings. Economic Research Associates' report indicates that homes located within a golf course community have significantly higher values, This analysis shows that elimination of the golf course would substantially decrease the profitability of the development and its viability. The applicant has indicated, and Economic Research Associates' analysis confirms, that it is the premium price paid for lots with golf course frontage that allows for the development of the affordable housing units while maintaining the profitability of the development as a whole. (See Final EIR, p. 2 -86.) After MAPF expressed disagreement with the fiscal impacts analysis, Staff commissioned a second fiscal impacts study based on valuations and unit counts provided by MAPF. (See attachment 8 of the November 4, 2003 staff report; see also Planning Commission Hearing minutes of October 15, 2003, p. 4). East West Partners also submitted evidence demonstrating the fiscal infeasibility of the SWA alternative. (see attachment 9 of the December 16, 2003 staff report (letter to Tony Lashbrook, Town of Truckee, from Rick McConn, East West Partners (December 5, 2003), pp. 1 -3, explaining that the MAPF /SWA alternative is economically infeasible because it would result in negative returns and a high -risk to potential investors); see also memo to Tony Lashbrook, Town of Truckee, from Rick McConn (December 11, 2003) attaching letter from Crescent Real Estate Equities, Ltd.).) The Council, therefore, finds SWA Group's proposed alternative infeasible. 2. "NO GOLF" ALTERNATIVE Commenters also generally suggested that a "no golf' alternative should be considered. (See Final EIR, Comments 6 -18, 10-47, and 11-4.) SWA Group's clustered alternative, which did not include a golf course, is addressed in the Responses to Comments in the Final EIR and in these findings. As explained above with respect to SWA Group's alternative, elimination of the golf course would make proceeding with the Project 36 044872 financially infeasible. (Final EIR, p. 2 -78) The analysis prepared by Economic Research Associates indicates that elimination of the golf course substantially decreases the profitability of the development and potentially jeopardizes the applicant's ability to obtain financing. (See September 25, 2003, Memorandum prepared by Economic Research Associates; Final EIR, p. 2 -84.) The applicant has further shown that the array of affordable housing proposed by the Project can only be successfully accommodated with single - family lots with golf course frontage, acting as the "economic engine" for the Project. (Final EIR, p. 2 -84.) The No Golf Alternative would also not meet several of the project objectives. (Final EIR, p. 2 -78; Planning Commission staff report (November 4, 2003), p. 19.) Lastly, the No Golf alternative would not reduce otherwise significant and unavoidable impacts to less than significant levels. The Council, therefore, finds a "no golf' alternative infeasible. 3. OTHER PROPOSALS One commenter suggested that a neo- traditional alternative with development clustered either south of Prosser Dam Road or west of Highway 89 be considered. (See Final EIR, Comment 11 -10.) The Council considers the Project as proposed to be neo- traditional in that it is pedestrian friendly, incorporates commercial components, and encourages architectural features that connect the neighborhood and that are harmonious with the surrounding natural environment. (See Gray's Crossing Specific Plan, pp. 109 -123.) Both SWA Group's proposed alternative and the Reduced Development Alternative cluster development south of Prosser Dam Road in the manner suggested by this commenter. SWA Group's alternative was discussed in the Final EIR Responses to Comments and is addressed in these findings in section X A, supra. The Reduced Development Alternative was discussed in section 6 of the Draft EIR and in section IX B2b, supra, of these findings. The conclusions set forth above regarding the infeasibility of clustering development south of Prosser Dam Road are reincorporated here as applicable to this suggested alternative. Similarly to the Council's conclusions with respect to clustering development south of Prosser Dam Road, analysis in the Draft and Final EIRs indicates that clustering development west of Highway 89 would also result in significant adverse impacts. The Gray's Crossing Specific Plan Vegetation Constraints and Landform Constraints Maps show that intensifying development west of SR 89 could impair wildlife habitat and would require substantially more grading due to the slope increase to the north and removal of significant amounts of additional forest habitat. (See Final EIR, p. 2 -119.) The Council, therefore, rejects these alternatives. One commenter suggested that an alternative be explored that is based on site constraints maps and that avoids areas of high resource value. (Final EIR, Comment 10 - 47.) As indicated by the Draft EIR and Gray's Crossing Specific Plan, the Project as proposed was based on site constraints maps and designed to avoid sensitive resource areas. Sensitive natural features, including wetlands, floodplains, and plant communities, were mapped, and the site plan avoids these resources. (See Gray's Crossing Specific Plan Vegetation Constraints and Landform Constraints Maps; Final EIR, p. 2 -119 (Response to Comment 11 -10).) In addition to clustering development 37 044872 and preserving wooded areas and other habitat, the Project proposes to leave 100 -year floodplain areas, adjacent to the two drainage swales that bisect the Project site, undeveloped. (See Draft EIR, pp. 4.7 -32 to 33 and Figure 3 -6; Final EIR, p. 2 -17.) The Council, therefore, concludes that the Project as proposed embodies this suggested alternative. B. MITIGATION MEASURES Two commenters proposed an open -space fee to mitigate for impacts to open space and habitat resources. (Final EIR, Comments 3-4, 10 -23.) The EIR concludes the Project will not have a significant impact on "open space." (Final EIR, Master Response 2.4.4, Response to Comment 10 -23.) The Council therefore finds that this mitigation measure is not necessary in order to address the Projects' significant impacts. Moreover, as explained in the Final EIR, the $40,000 fee per unit proposed in Comment 10 -23 is infeasible and is not roughly proportional to the open -space impacts of the project. (Final EIR, p. 2 -90 (Response to Comment 10 -23).) in addition, the history of this particular parcel is notable. The Hopkins Family Trust acquired this parcel as part of a land exchange with the U.S. Forest Service, whereby the Forest Service acquired approximately 11,000 acres of high -value open space. This area, by contrast, is relatively close to existing roadways and other infrastructure, and is surrounded on three sides by existing development. Although the Final EIR indicates open -space funding is not required to address a significant environmental impact, the Town and the Applicant have agreed to an open - space funding mechanism addressing this comment. Section 3.11 of the Development Agreement establishes a 0.25% transfer fee to be paid or assigned to the Truckee Donner Land Trust for a period of 15 years. This fee is expected to generate approximately $ 8 million earmarked for acquisition or maintenance of open space. One commenter proposed mitigating impacts to water quality by clustering development and eliminating the Project's proposed golf course pursuant to the SWA Group's alternative. (Final EIR, Comments 10 -40 and 10 -41.) This commenter further proposed that the Project should increase the number of small units, which would be more affordable to local residents, again referencing the SWA Group alternative, apparently to mitigate housing impacts. (Final EIR, Comment 10 -43.) Notably, housing is not an environmental issue under CEQA, except to the extent the lack of affordable housing may result indirectly in environmental impacts such as traffic or air quality. (See Napa Citizens for Honest Gov't v. Napa County (2001) 91 Cal.App.4th 342.) Per the discussion of the SWA Group Altemative above in section X Al, supra, the Council finds that modifying the Project in this manner fails to meet Project objectives or the General Plan's goals and is likely infeasible. This commenter also proposed increasing setbacks for development from water features as a means of further mitigating impacts to water quality. (Final EIR, Comment 10 -42.) The Project currently proposes to leave 100 -year floodplain areas adjacent to the two drainage swales that bisect the Project site undeveloped. (See Draft EIR, pp, 4.7 -32 to 33 and Figure 3 -6; Final EIR, p. 2 -17.) These undeveloped areas would provide a substantial buffer zone or setback ranging from approximately 30 feet to 300 38 044872 feet wide along seasonal tributaries. (Ibid.) Thus, the Council concludes that this mitigation is already being implemented to the extent practicable. No building structures will be placed within 50 feet of the 100 -year floodplain. ( The Council further finds that this mitigation measure is not necessary in order to address the Project's significant and unavoidable impacts. The Final EIR concluded that the project would not have a significant impact on surface water or groundwater quality. To provide further assurance that no such impacts will occur, the Town has incorporated into the project a condition of approval requiring the applicant to establish and implement a comprehensive surface water and ground water monitoring program shall be developed and implemented for this project. The program will include both pre - development and post - development monitoring. The program will include the elements set forth in the condition of approval. The condition of approval also provides the Town with authority to retain, at the owner's expense, an independent contractor to review and provide recommendations for actions needed to improve or implement the monitoring program. One commenter proposed a second access point to Highway 89 to avoid impacts to Prosser Woods Estates from developing one "giant cul -de -sac" and recommends three possible alignments (alignments A, B, and C) for this second access. (Final EIR, Comment 13 -2.) The analysis in the Draft and Final EIRs indicates that this proposed secondary access is not required for safety reasons nor is required for traffic operations in that projected Levels of Service ( "LOS ") along Prosser Dam Road and at the Prosser Darn Road /Alder Drive intersection were found to be acceptable. (Final EIR, p. 2 -122.) Additionally, these alignments rely on additional points of access to Highway 89, which is a decision under the jurisdiction and control of Caltrans. The EIR explains that Caltrans generally limits additional points of access to state highways in order to improve traffic flow and limit vehicle conflicts. Furthermore, alignment C, which connects a neighborhood cul -de -sac back to Prosser Dam Road, would impact a significant wetlands area. (Ibid.) For these reasons and based on the analysis in the Draft and Final EIRs, the Council rejects these proposals. This commenter also proposed a new intersection alignment at East Alder Creek Road to minimize people missing the turn -off to the Gray's Crossing Unit 4 lots and having to turn - around at the gates of Prosser Woods Estates. (Final EIR, Comment 13 -3.) The commenter also indicates that this would require new easements and that a "No Outlet" sign should be placed at the intersection accessing Prosser Woods Estates. (Final EIR, Comment 13 -5.) As explained in the Final EIR, it is unlikely that the occasional lost driver would impact the PWE access. Attempting to gauge how many drivers could miss the turn -off would be speculative and is not required under CEQA. More importantly, the EIR found that the increase of traffic along Alder Creek Roaddoes not constitute a significant impact; thus, no further mitigation is required. (Final EIR, pp. 2- 122 to 123.) One commenter expresses concern over the proximity to Prosser Lakeview of three to four lots located in the northwest corner of Unit 4 of the Gray's Crossing site (depicted in Draft EIR Figure 3 -10) and suggested relocating these lots. (Final EIR, Comment 20 -2.) The commenter notes that these planned lots are within approximately 225 feet of 39 044872 existing Prosser Lakeview homes. The Draft EIR acknowledges that implementation of the proposed Project may alter the views from existing residences adjacent to the Project site. (Draft EIR, Impact 4.9.5.) The Draft EIR determined that based on the steep topography and vegetation to be retained, separating land uses north of the Project site, including Prosser Lakeview, would not have views of the Project. (See Draft EIR, Figure 4.9 -1, p. 4.9 -19.) Substantial set backs incorporated into the Project design also make this impact less than significant. Thus, even if it were feasible to relocate these lots, no further mitigation is required. (See Laurel Hills Homeowners Association, supra, 83 Cal.App.3d at p. 521.) This commenter also requested that the Project implement design standard requiring the use of natural colors and materials and requiring minimal rear yard lighting. (Final EIR, Comment 20 -3.) As explained in the Draft and Final EIRs, the Project's Specific Plan includes design standards, development guidelines, and landscape and lighting programs that minimize potential visual impacts associated with the Project. (Draft EIR pages 4.9 -20 to 23; Final EIR, p. 2- 140.) Design standards provide that lighting levels should be compatible with neighborhood ambient light levels and encourage the use of a "few well placed low intensity lights." (Specific Plan page 104.) The Specific Plan's Design Guidelines also stress harmony with the natural environment and the use of natural materials. (Specific Plan, Ch. VI and pages 104, 112.) The Council, therefore, concludes that the Project as proposed already incorporates this suggestion. To further protect views, this commenter suggests that no discretionary thinning of trees, beyond that needed for fire safety and trail maintenance, be allowed on the Project site. (Final EIR, Comment 204.) The Draft EIR acknowledges that implementation of the proposed Project may alter the views from existing residences adjacent to the Project site. (Draft EIR, Impact 4.9.5.) This impact, however, is considered to be less than significant and no mitigation is required. (lbid; see also Final EIR, p. 2 -141.) As explained in Section 3 of the Draft EIR, the Specific Plan Development Guidelines identify a building envelope for residential lots within which grading and construction would occur. The building envelope is the only area within which alterations to the existing landscape may occur. (Draft EIR page 3 -31.) The Specific Plan further provides that existing trees and natural features should be incorporated into site design. (Specific Plan page 93.) The Council finds that a measure expressly disallowing all discretionary thinning is not necessary in order to address the Projects' significant and unavoidable impacts. This commenter also suggests that there should be "no internal vehicular connection to Rainbow Drive." (Final EIR, Comment 20 -5.) The traffic analysis in the Draft EIR evaluated Rainbow Drive and indicated that no significant traffic impacts are anticipated. (See Draft EIR pp. 4.2 -9, 24, 46, 76 to 77, and 88). Moreover, as explained in the response to this comment in the Final EIR, Gray's Crossing residents are not expected to access the site via Rainbow Drive as it provides longer travel times than access via Prosser Dam Road and the only direct access from the Project site to Rainbow Drive is an emergency access. (Final EIR, p. 2 -141.) No further mitigation is required. This commenter also offers suggestions for improvements to the Project's public trail system. (Final EIR, Comment 20 -6.) The Project Specific Plan includes trails and 40 044872 bikeway facilities and provides for future connections to offsite facilities as designated in the General Plan's Open Space, Natural /Scenic Resources, and Trails Map and the Downtown Truckee Specific Plan Pedestrian and Bicycle Circulation Map. (Draft EIR p. 4.1 -20.) No further mitigation is required. XI. RECIRCULATION One commenter stated that the Town should recirculate the Draft EIR for further public review. (Final EIR, Comments 10 -23, 10 -35; letter to Heidi Scoble from Stefanie Olivieri (December 8, 2003).) Pursuant to section 15088.5 of the CEQA Guidelines, recirculation of an EIR is required when "significant new information" is added to the EIR after public notice is given of the availability of the Draft EIR for public review but prior to certification of the Final EIR. The term "information" can include changes in the project or environmental setting, as well as additional data or other information. New information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project altemative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (CEQA Guidelines, § 15088.5.) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. The above standard is "not intend[ed] to promote endless rounds of revision and recirculation of EIR's." (Laurel Heights Improvement Assn. v. Regents of the University of California (1993) 6 Cal. 4 1112, 1132.) "Recirculation was intended to be an exception, rather than the general rule." (Ibid.) 41 044872 The request for recirculation, as set forth in Comments 10 -23 and 10 -35, indicates that the commenter believes circulation is required because the Draft EIR's analysis of cumulative impacts and biological resources (specifically wildlife movement corridors) was inadequate. (Final EIR, Comments 10 -23 and 10 -35.) The Draft EIR addresses cumulative impacts as a component of each environmental impact section and again in section 5.0. As described above, cumulative traffic and air quality impacts were determined to be significant and unavoidable in spite of proposed mitigation. The Council concludes that the analysis of cumulative impacts in the Draft EIR was not "so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded." (CEQA Guidelines, § 15088.5, subd. (4).) The Council, therefore, finds that recirculation is not required on these grounds. Impacts to biological resources and movement corridors are evaluated in section 4.7 of the Draft EIR and discussed at length in the Responses to Comments in the Final EIR. (See Draft EIR, pp. 4.7 -12 to 13 and 4.7 -31 to 34; Final EIR, pp. 2 -12 to 15.) Additionally, at the applicant's request, a consulting biologist conducted a separate evaluation of the EIR's analysis of biological resources, focusing on wildlife movement corridors, and found the analysis to be adequate. (See letter from Carter Schleicher to Whitman F. Manley (September 18, 2003).) This biologist also provided a supplemental report specifically addressing local and migratory wildlife movement corridors. (See report from Carter Schleicher, Wildlife Movement Gray's Crossing, Truckee Califomia (October, 2003).) The Council finds that the EIR's analysis of biological resources and movement corridors is adequate and that additional information on these topics provided by consulting biologist Carter Schleicher "merely clarifies or amplifies" the analysis in the Draft EIR. (Laurel Heights It, supra, 6 Ca1.4th at p. 1129, citing Sutter Sensible Planning, Inc. v. Board of Supervisors (1981) 122 Cal.App.3d 813, 822 -823.) Similarly, the purported reasons for recirculation contained within the letter to Heidi Scoble (December 8, 2003) are also not sufficient under CEQA to require recirculation of a revised EIR. First, the Final EIR's consideration of the proposed "clustered" and no -golf course alternative does not require recirculation because the alternatives would not avoid an impact that would otherwise be significant. In fact, the alternative would result in additional significant impacts. (Letter to Tony Lashbrook from Whit Manley (December 16, 2003), pp. 2-4.) Second, the information contained within the Final EIR regarding water quality and water supply does not require recirculation because such impacts are already mitigated to Tess than significant levels and, the information merely provides additional information about how the applicant will carry out mitigation measures already within the Draft EIR. (Id., p. 5.) Third, recirculation is not required based on the additional information regarding traffic impacts (Id., p. 6), or the Natural Resources Management Plan. (Id., p. 7.) Inclusion of the Development Agreement also does not trigger recirculation. (Id., p. 7.) Thus, the Council finds that preparation and recirculation of a revised EIR is not required. 42 044872 xlI. STATEMENT OF OVERRIDING CONSIDERATIONS "CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Califomian." (CEQA Guidelines, § 15021, subd. (d); see also City of Del Marv. City of San Diego (1982) 133 Cal.App.3d 401.) To reflect the ultimate balancing of competing public objectives, when an agency decides to approve a project that will cause one or more significant effects on the environment, it must prepare a statement of overriding considerations." (CEQA Guidelines, § 15021, subd. (d), 15093.) A statement of overriding considerations must set forth the specific reasons why the agency found that the projects "specific economic, legal, social, technological, or other benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, subd. (a), 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) As set forth in these findings, the Council's approval of the Project will result in two significant adverse environmental effects that cannot be avoided even with the adoption of all feasible mitigation measures (i.e., cumulative air quality (Impact 4.4.6) and cumulative traffic on I- 80(Impact 4.2.12)). The findings concerning Project alternatives list these significant, unavoidable impacts. Despite these impacts, the Council chooses to approve the Project because the economic, social, and other benefits that the Project will produce render the otherwise significant and unavoidable effects acceptable. The following statement identifies the reasons why, in the Council's judgment, the benefits of the Project as approved outweigh its unavoidable significant effects. Any one of these reasons is sufficient to justify approval of the Project. The substantial evidence supporting the various benefits can be found in the documents identified for inclusion in the Record of Proceedings, as defined in section V, supra. The Council finds that the Project would have the following economic, social, and environmental benefits: Implementation of, and consistency with, local plans As set forth in these findings, the Project is consistent with the 1996 Truckee General Plan and all other applicable plans. (Draft El R, Sections 4.1 through 4.12; Specific Plan, Chapter 2.) Specifically, the Project implements the goals and policies set forth in the General Plan, including those specific to the site's PC -2 designation. The Project provides a mix of uses consistent with the General Plan and offers amenities such as a golf course, hiking trails, and a recreational center pursuant to PC- 2 policies. (General Plan PC -2 Policy 7.) The Project also achieves the General Plan's goals regarding clustering of residential development to preserve habitat, natural site features, and areas of open space. (See e.g., General Plan Goal 7, Policies 7.1, 7.2, PC -2 Policies 6, 8.) 43 044872 The Project site is surrounded on three sides by existing subdivisions and will function as an in fill development connecting these existing neighborhoods. (General Plan Policy 2.3.) Also, by providing housing and commercial opportunities adjacent to the Town's core the Project helps limit potential sprawl. The Project further balances the need to provide affordable housing opportunities with the vision set forth in the General Plan that the Project site "be developed as a destination recreational community." (General Plan PC -2 Policies 6, 8.) Regional Employment The commercial and resort components proposed for the Project are expected to generate new permanent jobs, as well as numerous secondary jobs. Table 4.12 -7 in the Draft EIR shows that at buildout of the Project it would generate 168 full -time jobs. Including part-time employees, the number of jobs generated by the Project is estimated at 235. (Draft EIR, p. 4.12 -13.) Additionally, construction of residential units, retail shops, offices, and other facilities in the Project area will provide, over a period of six years, work for numerous individuals in the construction industry, as well as for architects, engineers, and other professionals. (See Draft EIR, p. 3-40; Final EIR, pp. 3.0.31 to 32, 55.) These temporary and permanent employment opportunities are an important benefit of the Project. Section 3.3 of the Development Agreement requires the applicant to use its best efforts to ensure that construction and operation - related jobs are directed towards local residents. Section 3.4 of the Development Agreement establishes a "buy local" program to maximize opportunities for local merchants to benefit from the project. Economic Benefits In addition to providing revenue from property taxes on the sale of Gray's Crossing properties, realization of transit occupancy sales tax will have a positive impact on the Town and Nevada County. These benefits are quantified in a Fiscal Impact Analysis attached to the September 30, 2003, Staff Report to the Planning Commission. The net benefits (revenue less the cost of providing services) are conservatively estimated at $600,000 per year. In addition, Section 3.2 of the Development Agreement requires the applicant to ensure that its general contractors and major subcontractors exercise their option to obtain a Board of Equalization sub - permit for the job site and allocate all eligible use tax payment to the Town; this provision will result in the direct allocation of the local share of use taxes to the Town. Recreational Benefits The project will result in significant recreational benefits for the community. These benefits include: constructing and maintaining on -site trail segments identified for public use in the Town Trails Plan; providing access to golf cart paths during non -golf hours; providing local access to the golf course as described in section 3.5.3 of the Development Agreement; public access to the on -site fitness facility, as described in section 3.5.4 of the Development Agreement; constructing and maintaining a trail link 44 044872 with Downtown Truckee, as described in section 3.5.5 of the Development Agreement; and participating in the financing of constructing an off -site trail from the project site to Prosser Reservoir, as described in section 3.5.6 of the Development Agreement. Taken together, the value of these improvements is in excess of $500,000. Housing Benefits The project includes a significant affordable housing component. This program will result in constructing deed - restricted and market rate housing that is affordable to a wide range of the Town's residents. Under this program, 225 residential units will be affordable. Affordable housing is in short supply in the Town and region, and the Town faces significant constraints in increasing that supply. (See Town of Truckee, Housing Needs Analysis (March 8, 2002).) The project's affordable housing represents a significant increase in the availability of such housing. The Town's General Plan provides that the PC -2 project must provide 100 affordable units. 28 affordable units have been moved from the Old Greenwood property to the Gray's Crossing site. The project includes 97 additional affordable units, over and above the 128 units required by the General Plan and the Old Greenwood project. The 225 affordable housing units provide a critical housing stock which the Town could not otherwise supply. The estimated building cost is $197,000.00 per unit. Transit Benefits The project includes development and financing of a transit plan linking the project to Downtown Truckee, ski resorts, and other key locations in the region. This plan will reduce congestion and related air quality emissions, and provide a significant benefit to the Town's residents. Land Dedications and Donations The project includes dedication of "the commercial triangle" and a 9.5 acre parcel adjacent to the middle school. This land will be available for uses to be determined as part of a collaborative community process. The land to be dedicated has substantial value to the Town, and may be used for open -space or public benefit uses. (See Development Agreement, § 3.8.) The value of these dedications has a conservative range of $2 million ($2.00 per square foot) to $7 million ($7.00 dollars a square foot based on the Town Council resolution 2002 -50 for commercial land) depending on what type of uses can be located on these parcels. The project also calls for reimbursement to the school district the cost of acquiring the site for a middle school. This reimbursement will save the school district $236,000. The project also dedicates as site in the Village for a multi -use community performing arts center. The value of this dedication is approximately $400,000. 45 044872 Open Space The project incorporates significant open space. The project also incorporates a Natural Resource Management Plan, which will serve to protect, maintain and enhance the value of this open space. In addition, the applicant had incorporated into the Development Agreement the commitment to dedicate a transfer fee of 0.25% on each real- estate transaction for a period of 15 years, to be paid or assigned to the Truckee Donner Land Trust for the purpose of acquiring and maintaining open space. The value of this fee is estimated at $8 million. Infrastructure Improvements The project includes financing of improvements to water and sewer facilities. These improvements will benefit not only the project, but will also remedy deficiencies in existing infrastructure, at no cost of existing residences. The value of these extra improvements is estimated at $1.3 million. The Town finds that the project complies with and implements the General Plan. The Town also finds that the project provides significant public benefits to the Town, over and above those mitigation measures or conditions of approval necessary to address the projects impacts. • 46 044072 Adoption of Mitigation Monitoring Program 2. The Mitigation Monitoring Program has been completed in compliance with Section 20181.6(a) of the CEQA Statutes and Section 15097 of the CEQA Guidelines, and the mitigation measures are fully enforceable through permit conditions, agreements, or other measures as set forth in the Mitigation Monitoring Program. Zoning Map Amendment 3a. The proposed amendment to the Zoning Map ensures and maintains internal consistency with all of the goals, policies, and actions of all elements of the General Plan and any applicable Specific Plan. The Open Space, Recreation, Neighborhood Commercial, Single family residential and multi - family residential zoning district are consistent with and does not create any inconsistencies with the goals, policies, and actions of the General Plan, and any and all future development allowed in the subject zoning district will be reviewed through the land use permit process to ensure such development is consistent with the General Plan. The modification to the existing scenic corridor along SR 89N is also consistent with and does not create any inconsistencies with the goals, policies, and actions of the General Plan. 3b. The proposed amendment to the Zoning Map will not be detrimental to the public interest, health, safety, convenience, or welfare of the Town. The proposed amendment and appurtenant development proposal will be consistent with the general development standards of the Development Code, with the exception of those standards approved through the Planned Development. The amendment and development will not result in significant environmental impacts that cannot be eliminated or reduced to a less than significant level upon incorporation of the mitigation measures into the project. The compatibility of the OS, REC, RS, RM, and CN districts and the proposed development with adjacent public and residential land uses is discussed in the E(R and staff report with the findings that such development will not be incompatible with surrounding land uses. 3c. The proposed amendment to the Zoning Map ensures and maintains internal consistency with other applicable provisions of the Development Code. The OS, REC, RS, RM, and CN zoning districts are consistent with the PC -2 land use designation, and the amendment to the Zoning Map has no effect on the provisions and standards of the Development Code, with the exceptions of those approved through the Planned Development. 47 044812 3d. There is adequate capacity in the community sewer and water systems to serve the potential development, and the site is physically suitable for the requested zoning designation and anticipated land use development(s). As supported by the discussion contained in the `Public Services and Utilities" chapter of the EIR, the Truckee Donner Public Utility District, Truckee Sanitary District, and Truckee Tahoe Sanitation Agency have sufficient capacity, in regards to both supply, treatment, and delivery, to serve the proposed development. The EIR also states that the project site can sufficiently accommodate the proposed development to ensure such development does not result in significant impacts on the environment including surrounding land uses. Development Agreement 4a. The Development Agreement is in the best interests of the Town and will promote the public interest and welfare of the Town. This finding is supported by the discussion contained in the "Development Agreement — Public Interest" section of the Planning Commission staff reports. Planned Development / Use Permit / Minor Use PermitlTentative Map 5a. The proposed development is allowed within the subject zoning district and generally complies with all applicable provisions of the Development Code, Town Municipal Code, and Public Improvement and Engineering standards relating to both on- and off -site improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines. The proposed development is consistent with the PC -2 land use designation and Table 2.4, Planned Community 2 Land Uses as discussed in the `Planned Development" section of the September 30, 2003 Planning Commission staff report. 5b. The proposed development would produce a comprehensive development of superior quality than which might otherwise occur from the strict application of the provisions and standards identified in this Development Code. This finding is supported by the discussion contained in the Planning Commission staff reports and by the Environmental Impact Report. 5c. The proposed development includes one or more project features listed in Section 18.46.050(E)(2) of the Development Code. This finding is supported by the discussion contained in the "Open Space" section of the Planning Commission staff report. 48 044872 5d. The proposed development, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable Specific Plan, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and all applicable provisions of the Subdivision Map Act. The proposed development is consistent with the applicable goals and policies of the General Plan as discussed in detail in the EIR and in the "Housing" "Open Space "" Trails", "Destination Recreation Community", "Specific Plan" `Traffic" and "Scenic Corridor" sections of the Planning Commission staff report. All trail corridors that run through the project site as identified in the Trails Master Plan have been substantially accommodated by the proposed development, thereby allowing public access internally within the proposed development and north - south and east -west through the project site. The trail improvements to be constructed as part of the development proposal are consistent with the types and specifications of trails identified in the Trails Master Plan. The EIR, as discussed in the "Air Quality" chapter, finds the proposed development is consistent with the Particulate Matter Quality Management Plan upon incorporation of the mitigation measures. The proposed development is consistent with the applicable provisions of the Subdivision Map Act as discussed in later findings. Furthermore, in regards to the issue of golf, the Draft EiR concludes a private golf course is inconsistent with General Plan PC -2 policies 6 and 7. (See Draft EIR, pp. 4.1 -30 — 4.1 -31.) The Draft EIR identifies mitigation measure 4.1.4 to address this impact. MM 4.1.4 states that the golf course "shall be operated to provide limited use to lodge guests, as well as the public." The Draft EIR concludes that, with the incorporation of this mitigation measure, the potential General Plan consistency will be resolved. (Ibid.) The Town has adopted this mitigation measure and included the measure in its findings and MMRP. This measure is also incorporated into the entitlements by way of section 3.5.3 of the Development Agreement, which provides: [quote]. Section 3.5.3 thus spells out the nature and extent of the limited public play that the applicant will be required to provide to local residents and lodge guests, as required by MM 4.1.4. The Council finds that section 3.5.3 is consistent with, and implements, General Plan PC -2 policies 6 and 7 and MM 4.1.4." 5e. The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood. The proposed buildings and structures, as conceptually shown in the Specific Plan, are consistent with the "high quality" objectives established by the Design Guidelines. However, prior the issuance of a building permit for any structure identified in the Specific Plan, the formal "Development Permit" application will be required to be submitted for Planning Commission review for further details on specific site location,. building design, building materials, parking, lighting, circulation, and landscaping. 49 044872 5f. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. As supported by the discussion contained in the "Public Services and Utilities" and "Community Service" chapters of the EIR, the public service providers of the community have found that the proposed development, as designed and upon incorporation of the mitigation measures, will not negatively affect their ability to provide services to the development or to other service customers of the community. • 5g. The subject site is physically suitable for the type and density /intensity of development being proposed, and adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code. As discussed in finding 5d, the development has been designed to be consistent with the PC -2 policies identified in the General Plan. The submitted Specific Plan further outlines the components of the development and its consistency with the General Plan and Development Code in terms of development standards and design. As discussed in the "Planned Development" section of the staff report, the project proposes to deviate from certain development standards relating to site coverage and setbacks to afford the developer flexibility in site design. 5h. The subject site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. The streets will be constructed to Town standards, and the traffic analysis prepared as part of the EiR finds that the extemal streets providing access to the development and the internal streets can accommodate the projected traffic. There will be no vehicular access (except emergency and Town maintenance vehicles) to streets within the Prosser Lakeview Estates subdivision.. 5i. The proposed development is consistent with all applicable regulations of the Nevada County Department of Environmental Health and the Truckee Fire Protection District for the transport, use, and disposal of hazardous materials. Prior to issuance of any development permits for the project, the Nevada County Department of Environmental Health and Truckee Fire Protection District must approve the issuance of the development permit. Through this permitting process, these agencies will ensure that any hazardous materials that may be transported, used, or disposed in reliance of the development permit will comply with their regulations. 5j. The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity. 50 044872 This finding is supported by the discussion contained in the EIR and by Findings 3b and 5e. 5k. The proposed development will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity and zoning district in which the property is located. This finding is supported by the discussion contained in the EIR and by Findings 3b and 5e. 51. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. The proposed development proposes to abandon public access and utility easements created by the Boca Sierra Estates subdivision. If the abandonment of the easements is approved by the Town Council, the development will not conflict with any easements acquired by the public for access. This finding is further supported by the discussion contained in the `Easement and Right -of- Way Abandonment" section of the staff report dated September 30, 2003. 5m. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board. Sewage from the proposed development will be discharged into the Truckee Sanitary District collection system and the Truckee Tahoe Sanitation Agency treatment facility. The treatment facility has sufficient capacity to accommodate sewage flows from the development (Finding 2d), thereby not negatively affecting 7TSA's ability to comply with RWQCB requirements. 5n. The purpose of the dedications and exactions required by the review authority for the proposed subdivision have been identified, and there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. The Town is not requiring any dedications or exactions for the subdivision. The applicant is offering the dedications of the streets to allow the Town to accept these streets in the future for public maintenance. The applicant is also offering dedications for the trail alignments for public access as a community benefit. 5o. The disturbance and /or removal of habitat for State and Federally listed animal and plant species for the proposed development complies with all applicable Federal and State regulations; the disturbance and /or removal of the habitat 51 044812 cannot be avoided and there are no feasible alternatives or mitigation to disturbance or removal of the habitat; and any habitat removed or destroyed as part of the development are mitigated by the restoration or creation of habitat at a ratio of 1.5 units of restored habitat for each unit of habitat removed or destroyed. The mitigation measures of the EIR require the proposed development to survey the site for special status species that have not yet surveyed. if such species are found on the site, the proposed development must be designed to avoid disturbance or removal of the habitat and to comply with all applicable Federal, State, and Town regulations for the protection of the species and its habitat. 5p. The removal of wetlands cannot be avoided and there are no feasible alternative or mitigation to disturbance of wetlands. This finding is supported by the discussion contained in the EIR. Mitigation Measures have been desinged to ensure the disturbance and /or removal of wetlands for road infrastructure and circulation within the project will be restored to accommodate no net loss of wetlands. 5q. The wetlands cannot be avoided and there are no feasible alternatives or mitigation to disturbance of wetlands. (minor use permit for wetland encroachment) This finding is supported by the discussion contained in the EIR. 5r. Any wetlands removed or destroyed as part of the project are mitigated by the restoration or creation of wetland habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed). (minor use permit for wetland encroachment) • This finding is supported by the discussion contained in the EiR. 5s. The disturbance and/or removal of the wetland complies with all applicable Federal and State Regulations. (minor use permit for wetland encroachment) Prior to issuance of any permit for the project's related infrastructure, including the disturbance of the wetland, approval from the Lahontan Regional Water Quality Control Board, the Department of Fish and Game, and the Army Corps of Engineers will need to approve and permit the development. Abandonment 6a. The street and public service easement has been superseded by relocation of the street and utilities; the relocation of the street would not cut off all access to a person's property which, prior to relocation, adjoined the street; there are no other public facilities located within the easement; and the street and public service easement are not necessary for present or prospective public use. 52 044872 This finding is supported by the discussion contained in the `Easement and Right -of -Way" section of the staff report and by Findings 41. Water Supply 7a. Projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. The Truckee Donner Public Utility District (TDPUD) has adopted a water master plan as required by State law. The TDPUD, in reviewing the proposed development, fond that the water usage needs of the development were considered in the water master plan and that TDPUD has sufficient supplies and deliveries to serve demands of the project without adversely affecting existing uses and planned uses identified in their water master plan. Water supply information in support of their findings has been incorporated into and independently verified by the analysis conducted in the EIR. Based on this information, and on testimony provided to the Council by representatives of the TDPUD (testimony of Ed Taylor, TDPUD, to City Council (December 16, 2003)), the Council finds that a sufficient water supply exists to meet the projected demands associated with the project; that the existing public water system is able to serve the project with infrastructure improvements; that the project applicant, as the landowner, and/or TDPUD have the right to extract the additional groundwater needed to supply the proposed project; and that there are no reasonably foreseeable impacts to agricultural or industrial uses within the public water system's service area that use the same water source. Approval of Lot Line Adjustment 8a. The Lot Line Adjustment does not create a greater number of parcels than originally existed, and the parcels resulting from the Lot Line Adjustment and development on those parcels conform to all applicable requirements of the Development Code and Town Building Code. The lot line adjustment will not create additional parcels. The additional parcels to be created by the proposed development is being done through the tentative map /subdivision process. 8b. The Lot Line Adjustment does not create a greater number of nonconforming parcels than originally existed and will not cause a parcel that was nonconforming before the adjustment to become more nonconforming as a result of the Lot Line Adjustment except in those cases where the Lot Line Adjustment will substantially improve the conditions of the existing nonconforming parcel. The parcels involved in the lot line adjustment, both before and after the adjustment, conform with the size and dimension requirements of the Development Code. 53 044812 8c. Any existing conforming development on a parcel will not become nonconforming as a result of the Lot Line Adjustment. Where existing development is nonconforming before the adjustment, the Lot Line Adjustment itself will not increase the nonconformity except in those cases where the Lot Line Adjustment will substantially improve the conditions of the existing nonconforming development. There is no development on the parcels involved in the lot line adjustment. 8d. Existing utilities, infrastructure, and easements will not be adversely affected by the Lot Line Adjustment, or if utilities, infrastructure, or easements will be adversely affected, conditions have been applied to the approval of the Lot Line Adjustment to facilitate their relocation. The lot line adjustment will not affect any utilities or easements within the property to be transferred. The ,holders of the easements will retain the same rights to the easement after completion of the lot line adjustment. 54 044812 EXHIBIT "D" TOWN OF TRUCKEE California AMENDED RESOLUTION NO. 2003 - 54 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE CERTIFYING THE FINAL EIR AND APPROVING THE USE PERMIT, PLANNED DEVELOPMENT, TENTATIVE MAP, AND LOT LINE ADJUSTMENT FOR THE GRAY'S CROSSING DEVELOPMENT WHEREAS, the Town of Truckee has received an application requesting approval of several and use permits and approvals for a mixed use commercial resort / residential development on APNs 19- 410 - 19/21/24/26/27 and 19-370 - 17/18/19/20/21/22 /23/24/25/26; and WHEREAS, said actions require legislative action by the Town Council, and the Planning Commission is charged with the responsibility of reviewing the application and forwarding to the Town Council a recommendation for the approval or denial of the application; WHEREAS, the Town of Truckee Planning Commission, at a duly noticed public hearing, adopted Resolution No. 2003 -22 on November 4, 2003, thereby recommending certification of the Final Environmental Impact Report and approval of the project, and adopting findings in support of such actions; and WHEREAS, a public notice was published in the Sierra Sun and mailed to property owners within 300 feet of the project site and all other interested persons informing the public of the date, time, and location of the public hearing for the Council's consideration of the Final EIR and the project; and WHEREAS, the Council held three public hearings on the matter at a regular meeting beginning on December 16, 2003, and concluding on February 5, 2004 at which time the Town Council considered all information and public comment related thereto. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE as follows: 1. The Council hereby certifies: (a) that it has independently reviewed and analyzed the Final EiR, (b) that the Draft EIR circulated by the Town reflects the Council's independent judgment, (c) that the Final EIR reflects the Council's independent judgment; and (d) that the Final Environmental Impact Report prepared for the Gray's Crossing development is adequate and complies with CEQA, based on the findings set forth in Exhibit C attached hereto and incorporated herein. 044872 Council Resolution No. 2003 -54 Page 2 2. The Council hereby adopts the Mitigation Monitoring Program for the Gray's Crossing EIR, based on the findings set forth in Exhibit "C" attached hereto and incorporated herein. 3. The Council hereby approves the use permit, planned development, tentative map, minor use permit, and lot line adjustment for the Gray's Crossing development, subject to the regulations, standards, and conditions set forth in Exhibits "A" and "B ", attached hereto and incorporated herein. 4. The Town Council adopts the findings set forth in Exhibit "C" attached hereto and incorporated herein in support of the Council's actions to approve the Gray's Crossing development the findings prepared under Public Resources Code section 21081, subdivision (a), and the statement prepared under Public Resources Code section 21081, subdivision (b); the actions to amend the Development Code as described in Ordinance No. 2003 -07; to approve a development agreement for the project as described in Ordinance No. 2003 -08; to certify the Final EIR; to adopt the Mitigation Monitoring Program; and to approve the use permit, planned development, tentative map, minor use permit, and lot line adjustment. BE IT FURTHER RESOLVED, the actions of the Council to approve the use permit, planned development, and tentative map shall become effective on the date in which Ordinance No. 2003 -07 and Ordinance No. 2003 -08 are adopted by the Town Council and the ordinances become effective in accordance with the Town Municipal Code and State law. Further, this resolution and the actions contained herein shall not become effective unless and until the development agreement attached to Ordinance No. 2003 -08 is executed by both the East West Partners and Truckee Land LLC. The foregoing Resolution was introduced at a Regular Meeting of the Truckee Town Council, held on the 5 day of February, 2004 by Councitmember Owens who moved its adoption, seconded by Councitmember Threshie and was carried by the following vote: AYES: Council Members Owens, Florian, Ingalls, Vice Mayor Threshie, and Mayor Susman NOES: None ABSENT: None nit `. • oshua Susman, Mayor ATTEST: 4 tl /1 n A _A_ Judy r ice, T.t Jerk t r 11.1