What’s been left out of this process is the long-suffering Public. Seemingly at odds, you use the terms “dramatically changed” and “significant” and then conclude the latest proposed unapproved plan (which the public hasn’t seen) isn’t a “significant” change from the over a decade approval. Everyone knows the current project approval is beyond stale, totally outdated and invalid. The area circumstances have changed regarding cumulative impacts and SR 28 lane reductions. The original project approval is so outdated the entire environmental review must be redone.

The new project is being approved one piece at a time. TRPA now knows that the originally approved project will not be built. The developer has rejected it and is preparing to submit a new project. It is a sham to say that the grading is for the old project. It’s for the new project.

TRPA is allowing the developer to make a mockery of the diligent pursuit requirement by allowing grading to begin even though it will be used for a new and different project which hasn’t been approved. This is demonstrated by the dilapidated buildings, dirt piles and junk the developer has left on the site. No approval should be allowed which could continue this. This permit allows the developer to build a slightly different looking junk heap which he will then continue with for another time period unspecified.

By approving this piecemeal road connector grading TRPA is committing the agency to a new project that hasn’t had public involvement. In Public meetings EKN has stated they are changing the primary project access and interior vehicle circulation…this is significant and hasn’t been analyzed or had public input.

The TRPA grading approval for road realignment is premature. The Boulder Bay project has been controversial for over a decade and Wellness Way was proposed as a key concession for evacuation and access for our community. Although already known to TRPA, it has come to our attention that the Granite Place HOA has been granted an easement and through their CC&Rs total access control over Wellness Way/Big Water Drive. This is in direct conflict with what the community was guaranteed.

• Per 15 Granite Place HOA owns per CC&R’s 2.7 all the common elements and facilities includes drives such as Big Water aka Wellness Way.
• Per 19-no use of common elements except by owners per 2.2 of the CC&R’s
• Per 76 & 83-sole right, title and interest in Big Water-aka Wellness Way to the exclusion of all others.
• If the Crystal Bay community had known about this granting/promise of exclusive use to Granite Place HOA, we would have argued that our 4th exit should be off the HOA property
• There is also conflict over the alignment of Wellness Way with the Granite Place HOA. Who will maintain Wellness Way/Big Water Dr. the HOA or developer?

Finally, the current premature grading approval raises a number of questions:

1. Will it be completed and paved including BMP’s this season? The current Biltmore looks like a war zone. We were told the buildings would be razed this year but hasn’t happened.
2. When will the rest of the roads be completed? There should be a guarantee now as part of the permit.
3. How long will the dirt remain on site? The current dirt pile has been there 5 years.

The former and current developer has a history of leaving the project site in disastrous condition. The above-mentioned lack of protection for the Public makes TRPA and the County appear less than neutral. Is this how TRPA policy works for large projects?

Thank you,

Ann Nichols