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Legacy Park remediation permitted; town appeals EPA Brownfield denial as federal funding stalled by continuing resolution
Summary
Town and project representatives said remediation permits are in hand and work will begin at Legacy Park; federally earmarked funds were dropped after Congress enacted a year‑long continuing resolution, and the town is pursuing re‑submission and an EPA appeal.
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Town officials and project consultants updated the Cutler Bay Town Council on March 19 on progress at the 16‑acre Legacy Park project and on related brownfield funding, saying remediation permitting has cleared and initial earthwork will start soon while federal earmark funding fell out of the current appropriations process.
Emma Jones, owner’s representative from Stantec, said the project team chose “option 3” at a recent workshop and is advancing the design‑assist process for the community center, pool and pool building first. She said the town now has the permit to begin on‑site remediation to remove arsenic and other contaminants and that a kickoff meeting would align the remediation and construction teams; “you will start to see activity out at the site,” she said.
Jim Davenport, the town’s federal lobbyist with Thorn Run Partners, told the council a previously included $1 million for the town’s Lakes by the Bay water quality/stormwater project had been removed when Congress passed a full‑year continuing resolution that funds government at FY2024 levels and omits new earmarks and community project funding. Davenport said Congress is already working on the FY2026 appropriations process and he intends to resubmit the town’s project to Rep. Salazar and other federal contacts.
“Anytime they pass a year‑long CR, they basically do not fund any new programs,” Davenport said, describing the procedural impact that dropped the $1 million that had appeared in an appropriations bill last spring. He said he would prioritize the town’s Lakes by the Bay project in upcoming advocacy for FY2026 funding and work with Town Manager Rafael and staff on resubmission.
Stantec said the town is limiting design efforts to the community center and pool buildings until those elements fit within the project budget, and is advancing remedial excavation work now that the remediation permit is in hand. The consultant also indicated the town will use some land originally designated for a police building to provide interim parking and pursue a future grant for a standalone police facility.
Council members asked questions about schedule and costs; staff said remediation activities will begin imminently and that the project team remains focused on controlling cost and maximizing value within the approved scope.

