Enforcement

Environmentally Responsible Redevelopment and Reuse (ER3) Success Story - Empire Canyon

In December 2010, DV Luxury Resort, LLC (DVLR) opened the Montage Deer Valley resort, a “green” hotel, spa and condominium project, on the formerly contaminated Daly West Mine Site. It is located in Empire Canyon, a historic ore mining and processing area in Park City, Utah. Concerned about Superfund liability, DVLR worked with the EPA under the ER3 initiative, to take advantage of the EPA’s enforcement incentives, which influenced DVLR to significantly minimize the environmental impacts of the planned redevelopment.

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The EPA, DOJ, and DV Luxury Resort, LLC (DVLR) negotiated a Prospective Lessee Agreement (PLA) for this development (PDF) in November 2006 to provide the developer liability relief from certain future enforcement actions by EPA in exchange for DVLR's assistance in implementing cleanup actions and commitment to sustainable redevelopment at the site.

DVLR agreed to incorporate “green” features into the design, construction, and operation of the development of the Montage Deer Valley resort to minimize the project's environmental footprint. An Outline for Sustainable Building Work Plan for Montage Resort at Deer Valley (PDF), submitted pursuant to the PLA, details the “green” features of the project. Built according to smart growth principles, the Montage Deer Valley earned a Leadership in Energy and Environmental Design (LEED) Silver rating from the U.S. Green Building Council (USGBC).

Some of the sustainability features include:

  • Using over 15% recycled content for construction materials and over 21% of material sourced and manufactured within a 500-mile radius of the resort
  • Developing a comprehensive waste management policy
  • Purchasing wind-generated power as a participant in the Utah Blue Sky Partner Program
  • Incorporating environmentally sensitive landscaping and stormwater runoff filtration
  • Enhancing the public transportation system for Empire Pass and establishing a comprehensive rideshare program for employees
  • Setting aside 2,800 acres of open space as a conservation easement.

The Empire Canyon PLA was the first agreement under the ER3 initiative that the EPA entered into with a private party to transform a contaminated site back into an environmental and economic asset for the community. Former EPA Administrator Johnson attended the 2007 Earth Day celebration groundbreaking for the Montage Deer Valley project, which demonstrates that environmentally responsible redevelopment and reuse at formerly contaminated sites can be achieved through cooperation and collaboration with federal, state, public, and private partners.

Learn More: ER3 success stories