Case Study: Open Space and Mine Cleanup
DGS lawyers represent 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. 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.