Feds order accountability in Docking dumpsite cleanup plan

7 February 2024

TOPEKA (KSNT) – Plans to remedy the tons of rubble and waste dumped into the Kansas River from the Docking building demolition have been approved.

This photo from Tuesday, Sept. 20, 2022, shows the Robert B. Docking State Office building in Topeka, Kansas, named for a Kansas governor. (AP Photo/John Hanna)

In October of 2023, a 27 News investigation revealed unauthorized rubble and waste from the Docking state office building was being dumped into the Kansas River right behind Gary’s Berries, a corn maze and pumpkin patch owned by Topeka businessman, Gary Starr.

KSNT 27 News found truckloads of concrete, metal rods and other construction debris were dumped into and along the river. After the discovery, federal officials ordered Starr to clean up the mess.

On Nov. 14, 2023, Starr met with Thomas Hayes with the Kansas Department of Health and Environment. In the meeting, Starr told the KDHE that as much unapproved waste would be removed as possible. To remove the waste, Starr proposed a plan to create 10-12 foot wide benches that would allow equipment to travel along them.


Docking building rubble dumped into Kansas River

The plan includes covering the rubble with six inches of topsoil and a cover of Virginia wild rye, western wheatgrass and switchgrass. The expected time to remove waste material was 2 to 3 weeks and 1 to 2 weeks to stabilize and cover the bank in soil.

Graphic from a remediation plan correspondence between Philip G. Balch and the USACE on behalf of Gary Starr.

In a follow-up response from Dec. 4, 2023, the USACE requested Starr provide a post-construction monitoring and maintenance plan to ensure the project is successful.

“The plan should identify the criteria that determine project success, which can include such parameters as slope stability, and vegetative performance,” the USACE told Starr in the letter. “The plan should also include monitoring activities, how the success parameters will be measured, and the actions undertaken if the parameters are not met. The remediation project will not be considered complete until the Corps has conducted a final inspection and you have received written notification that no further action is necessary.”

On behalf of Starr, Philip G. Balch responded to the USACE saying the site would be monitored and pictures would be submitted bi-monthly until vegetation is well established. Balch recommended the USACE conduct a final inspection and finalize the remediation once the slope is 75% covered in vegetation.


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“Mr. Starr will actively monitor the slope stability and development of vegetation,” Balch said on behalf of Starr in response to a USACE email. “In the event of a material change in slope stability prior to final sign off by the Corps, Mr. Starr will cause the slope to be returned to a condition consistent with the plans submitted with this response.”

27 News attempted to contact Starr for follow-up comments but has yet to receive a response.

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