Case Study: From Historic Mines to Recreational Open Space
DGS lawyers represented Summit County, Colorado and the Town of Breckenridge with respect to the acquisition of over 1,500 acres of property in and around French Gulch in Summit County for purposes of providing public open space for recreational and other uses. Portions of the land are contaminated from historic mining activities, and a mine adit from the Wellington-Oro mine discharges water with elevated levels of zinc and cadmium. The Town and County worked with the current owner of the property, the EPA, the Department of Justice, the U.S. Fish and Wildlife Service, the Colorado Department of Health, the Colorado Department of Natural Resources, the State Voluntary Cleanup program, and the Colorado Attorney General's office, to arrive at a practical solution for treatment of contaminated water and voluntary cleanup of historic mine sites, while minimizing and defining the Town and County's potential exposure to environmental liabilities. DGS lawyers drafted the purchase and sale agreement allowing for the purchase of the property, and have worked on all phases of negotiations and drafting for the project, including a consent decree, statement of work, a memorandum of understanding, a restrictive covenant, three environmental covenants under the state voluntary cleanup program, and numerous real estate documents. The parties celebrated the project in a ceremony on June 29, 2006, at which the EPA Region 8 Regional Administration commended the efforts and achievements of all involved in this creative resolution of environmental liability and creation of open space in one of the most beautiful areas of the country. If you have any questions, please contact Bob Lawrence at (303) 892-7409.