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The X Games: Brownfields to Recreation and Conservation Uses Presented By: Gail Wurtzler, Davis Graham & Stubbs LLP Robert Lawrence, Davis Graham & Stubbs LLP Mike Cooper, Shaw Environmental and Infrastructure Miranda Freeman, Triangle Economic Research
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Old Works Golf Course (before)
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Old Works Golf Course
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Trail of the Coeur d’Alenes
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French Gulch (before)
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French Gulch
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American Airlines Center (before)
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American Airlines Center
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BASF Waterfront Park
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Bridgeport Ballpark Harbor Yard
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California Speedway
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David A. Lorenz Park
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Ohio River Park
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Pepsi Center
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Rocky Mountain Arsenal
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Rocky Flats
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Silver Bow Creek
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Vintondale
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Where do these projects come from? Settlement of Litigation Administrative Processes Mitigation Requirement Supplemental Environmental Project (SEP) Voluntary Action
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When is a recreation/conservation Brownfield a good idea? Protect remedy, public health and environment Limited options for re-use Catalyst for revitalization Win-win for all stakeholders
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Why aren’t there more of these projects? Need to benefit variety of stakeholders Need to resolve concerns of stakeholders Different points of view need to be reconciled
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Stakeholders Government entities Lead agency and other agencies Local, state and federal PRPs Property owners (project and neighboring) Public Interest Groups
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Government Concerns Protective of health and environment? Potential of change in standards Proper resolution of PRP obligations? Coordination with other government units Public reaction Funding Litigation risk
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PRP Concerns Completing project within budget Protection from liability Who is responsible for O&M? Risk of changing standards Public and stakeholder reaction Transactions costs Exit strategy
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Neighboring property owners Who is looking out for their interests? Effect on their property rights and values Is remedy protective? Risk of changing standards Who is responsible for O&M?
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Public Interest Groups Is the project protective? Is there a better alternative? Is this an appropriate resolution of PRP’s obligations? How ensure project is success? Funding O&M Protect remedy Means to address changes in standards, etc.
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Tool Box
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Structure Public-private partnership models Public partnership models
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Structure Successful models require: Homework A shared vision Clear and rational process Communicate early and often Understanding and accepting goals, capabilities and limitations of the other parties Fair deal structure
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Remediation frameworks Compulsory government programs Voluntary cleanup programs
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Institutional Controls and Environmental Covenants What will be protected? How? Who will enforce? How? Tools deed restrictions zoning restrictions special land use districts groundwater use restrictions specific state statutes
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EPA Initiatives Ready for Reuse Determination Return To Use Initiative Regional streamlined processes
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Funding PRP Tax Increment Funding (TIF) User fees Special district Grants Loans In-kind Federal and state tax incentives Private nonprofits
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Release/Limitation of Liability CERCLA and other consent decrees Covenants not to sue Indemnification agreements Environmental insurance State liability protection programs
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Measuring Benefit of Project PRP Government agencies Neighboring landowners Community
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Who do I call? PRP property owner Local officials State voluntary cleanup program Public interest groups relevant to project Brownfields or reuse official at relevant federal agencies
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