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TRPA sends Barton a cease-and-desist during weekend storm

STATELINE, Nev. – After a winter storm dumped more rain into the Basin after a relatively dry winter, Barton Hospital’s new site on Highway 50 had increased stormwater runoff—a major concern for both those in the nearby neighborhood and the health of the lake. The Tahoe Regional Planning Agency (TRPA) sent a cease-and-desist letter regarding Barton’s best management practices (BMPs), requesting on Monday that they send a schedule to complete additional approved BMPs.

Barton acquired the parcel on 168 Highway 50 in 2021, which was previously the site of Lakeside Inn and Casino. They performed some environmental remediation when demolishing the site, including taking care of groundwater infiltration—a major concern in that area.

Though Barton filed their temporary BMPs in July, Jeff Cowen, TRPA’s public information officer, said their contractors consistently noticed an issue with their BMPs at the bottom of the site, where stormwater runoff was identified.



In the letter, TRPA code compliance manager Steve Sweet said they inspected the property four times—thrice in the last two months—and found violations where erosion controls were not installed properly or functioning correctly, unstable areas, unmaintained or uninstalled BMPs, and indirect discharge to Lake Tahoe as a result of these violations.

Sweet stated that TRPA staff had met with R.O. Anderson representatives back in September of last year, expressing concerns with winterization and stabilization, along with asking for a plan to infiltrate water into the existing basin on site—no plan was made to fix these issues. In mid-January, TRPA staff met again with R.O. Anderson representatives and Barton representatives, and Barton committed to install additional BMPs to prevent additional discharge.



But the plan wasn’t submitted until nearly two weeks after the meeting, which meant there wasn’t enough time to implement it. Cowen said, “It didn’t seem like work was being done fast enough for the storm.” And indeed, more sediment was discharged during the rains. Barton had received a grading exception to move dirt in the Basin—which normally isn’t allowed between October 15 and May 1, but could not work on the site while rain was falling.

Cowen stated that they felt the letter was an appropriate escalation in the enforcement action chain, since the issues were fairly serious and could have been prevented. He felt that it “solidified TRPA’s position” that things were not acceptable on-site—especially because there had been previously identified issues and engagement from neighbors in Oliver Park, Kahle Drive, and Laura Drive that there were persistent issues. Kahle Drive, which has a high underground water level, will be getting Environmental Improvement Program (EIP) projects this summer, where it will be raised to fix the drainage problems.

Mindi Befu, Barton’s public information officer, said in an email, “Barton has been working with the TRPA since December on an enhanced BMP plan for the proposed hospital project site (165 Highway 50). Barton did not complete the enhancements within enough time to be as effective as needed prior to the Atmospheric River weather event beginning at the end of last week.” She indicated that they took immediate action to minimize the runoff, including installation of a pump system, handwork on trenches, additional layers of straw rolls, installation of a dual layer of filter fence, and daily monitoring of the site through contractors.

Befu stated, “As the storm cycle concludes, Barton will complete implementation of the approved BMP plan, which is designed to direct stormwater runoff to the two retention ponds. Barton will continue to follow TRPA and Douglas County guidance to improve onsite treatment. We remain committed to protecting Lake Tahoe and our surrounding environment.”


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