1. 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

2. Old Works Golf Course (before)

3. Old Works Golf Course

10. Trail of the Coeur d’Alenes

18. French Gulch (before)

19. French Gulch

20. American Airlines Center (before)

21. American Airlines Center

24. BASF Waterfront Park

29. Bridgeport Ballpark Harbor Yard

31. California Speedway

33. David A. Lorenz Park

36. Ohio River Park

38. Pepsi Center

40. Rocky Mountain Arsenal

42. Rocky Flats

46. Silver Bow Creek

47. Vintondale

51. Where do these projects come from? Settlement of Litigation Administrative Processes Mitigation Requirement Supplemental Environmental Project (SEP) Voluntary Action

52. 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

53. 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

54. Stakeholders Government entities Lead agency and other agencies Local, state and federal PRPs Property owners (project and neighboring) Public Interest Groups

55. 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

56. 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

57. 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?

58. 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.

59. Tool Box

60. Structure Public-private partnership models Public partnership models

61. 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

62. Remediation frameworks Compulsory government programs Voluntary cleanup programs

63. 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

64. EPA Initiatives Ready for Reuse Determination Return To Use Initiative Regional streamlined processes

65. Funding PRP Tax Increment Funding (TIF) User fees Special district Grants Loans In-kind Federal and state tax incentives Private nonprofits

66. Release/Limitation of Liability CERCLA and other consent decrees Covenants not to sue Indemnification agreements Environmental insurance State liability protection programs

67. Measuring Benefit of Project PRP Government agencies Neighboring landowners Community

68. 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