The city received a letter from FEMA on Jan. 3, stating that flood-control devices under Interstate 80 and pumps at the Sparks Marina are sufficient to protect the marina from Truckee River flooding.
The area in question is south of Prater Way, west of Sparks Boulevard, north of Interstate 80, and east of McCarran Boulevard.
In spring of 2007, FEMA threatened to relinquish flood protection status on lands that the agency had already taken out of the floodplain years ago, as part of a map update of levees nationwide following Hurricane Katrina and the New Orleans levee disaster.
The change would have threatened homeowners and business owners with the requirement of carrying costly flood insurance — and could have stalled construction of the $1 billion Legends retail and entertainment complex and The Legends casino-resort-spa at the edge of the Marina.
In July 2005, FEMA brought the land out of the floodplain by issuing a Letter of Map Revision. FEMA then updated its electronic maps and demanded proof again that the same lands were still not in danger of flooding by the Truckee River.
In 2004, eight "tide-flex" devices were installed in existing storm drain pipes along Interstate 80, under the direction of FEMA. The devices stop Truckee River flood water from flowing backward into the storm drain and flooding the Sparks Marina, said Flood Control Manager Shawn Gooch.
In October, the Sparks City Council approved a change to the city ordinance related to floodplains. The new ordinance allowed for a structure's finished floor to be at the floodplain level — lowering it from the 1-foot-or-higher level that was previously required. The move was a proactive step by the city to protect current residents and business owners, should FEMA move the Sparks Marina area back into the flood hazard zone.
Sparks staff met with marina area homeowners to discuss how the possible changes could affect them. Affected developments included the Harbor Cove subdivision, Marina Village apartments and the Marina Commercial Building, which houses The Jib restaurant, coffee & wine bar and Scraps Dog Bakery, among other restaurants, shops and offices.
City Councilman Mike Carrigan expressed frustration at the fact that the city spent millions of dollars to satisfy FEMA's requirements back in 2005, only to be told later that the rules have changed. However, staff was confident that FEMA would keep these lands out of the flood hazard zone.
"The chance of a billion-dollar project being shut down because someone changed their mind is unacceptable," said Councilman Ron Schmitt at a previous council meeting. "We all need to work on this. It must be a priority."
Vice president of marketing for RED Development Dave Claflin said that lawyers for the company, which is building the Legends complex at the marina, determined that the insurance costs would have been minimal.
"We have full faith that the city is going to be able to work out with and move ahead with every facet of our development," Claflin said previously.
Scheel's All Sports, which is set to open in 2008, as well as the Legends Casino, are already above the base elevation for flooding, according to Sparks planning staff.
Originally, FEMA was scheduled to return floodplain maps to Sparks in March, after which Sparks staff will be able to submit final comments. FEMA was then to release the final floodplain maps by September.
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