27 November 2023
TOPEKA, Kan. (KSNT) — An extension has been requested for clearing metal and debris from a dumpsite by the Kansas River.
An investigation found unauthorized material from the demolition of the Docking building being dumped into and along the river. The dumpsite, which is located behind Gary’s Berries Corn Maze and Pumpkin Patch in Grantville, is layered with rebar, concrete and wire mesh.
After state and federal officials were alerted, they ordered the property owner, Financial Advisor Gary Starr, to clean up the mess. However, a spokesman for the Kansas Department of Health and Environment (KDHE) said in an email that an extension for the cleanup is currently under review.
“No fines or penalties have been issued to the property owner,” KDHE spokesman Matt Lara said. “An extension is currently under review by the U.S. Army Corps of Engineers as they are the entity that issued the permit.”
The initial deadline KDHE issued for the cleanup was Nov. 17. The Kansas Capitol Bureau visited the site on the initial deadline and found that metal, rebar, wire and trash were still present.
KDHE officials have said that if the unapproved waste is not removed, the property owner could be subject to financial penalties pursuant to K.S.A 65-3409(a)(1). According to the U.S. Army Corps of Engineers (USACE), which issued the permit to Starr, the agency is coordinating with KDHE to resolve noncompliance issues.
“Mr. Starr met our deadline for submitting a plan for restoration,” said Diana McCoy, Chief of Public Affairs for USACE. “Once we complete a review of his plan, we will respond with a timeline for restoration activities.”
The Kansas Capitol Bureau also asked the USACE several questions regarding the cleanup process, which are listed below.
Is the contractor in charge of cleaning this up allowed to drive heavy equipment onto the sandbars of the Kansas River?
“Subject to our approval, the contractor will need to access the base of the slope and work with equipment in that vicinity of the project area to complete remediation work. That area is not a sandbar but the exposed floodplain of the river due to low water flow conditions on the Kansas River.”
Will the Army Corps of Engineers take any action on the permit issued?
“We directed Mr. Starr to submit a plan detailing how the project would be brought into compliance with his permit. We received that plan on November 16th, and we are reviewing and considering whether the proposal will adequately achieve compliance.”
Do you know if Starr has violated any federal laws with the dumping?
“The current work is in non-compliance with the conditions of the permit issued to Mr. Starr through our authorities under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.”
How has the Army Corps of Engineers been involved so far?
“We have been in contact with Mr. Starr, his contractors, as well as KDHE and thus far made two visits to the site. We issued a letter of non-compliance regarding the work to Mr. Starr on November 6th. We will continue to monitor activity at the site, and will make a decision as to whether to direct Mr. Starr to implement the current proposal to achieve compliance; or if alternative or additional measures are necessary.”