photo by: Josie Heimsoth/Journal-World

Douglas County commissioners held their business meeting at the Douglas County Courthouse commission meeting room, 1100 Massachusetts St., on Wednesday, January 15, 2025.

The Douglas County Commission unanimously approved two permits related to the expansion of Kansas Highway 10 on Wednesday, after a bit of discussion about whether existing road materials would pose an environmental risk as they were being broken apart.

The commissioners approved the conditional use permits, or CUPs, at their regular meeting on Wednesday. The permits are for a landfill to dispose of concrete, concrete products, reinforcing steel, asphalt pavement, rock and uncontaminated soil, as well as for “borrow pits” to supply materials required for the expansion.

The unanimous vote came after a brief discussion about whether the projects posed a pollution risk. Commissioner Erica Anderson said that when highway materials are broken down, it can create dust and other potential contaminants that could run off into bodies of water. She suggested that it might be necessary to brainstorm a mitigation plan to make sure no contaminants ended up in Clinton Lake, which is located south of the landfill and borrow pit sites.

“I don’t know if that’s working with staff and the (Lawrence-Douglas County) Planning Commission to put something in place just to ensure that we don’t end up with any sort of contaminants moving forward,” Anderson said.

Commissioner Shannon Reid, on the other hand, said she didn’t think the activity of breaking the asphalt and containing it in this type of landfill would present any concerning risk of possible contamination.

She said that one condition for approval that was originally listed in the permits, stating “the drainage/stormwater plan shall be approved by the county engineer,” wasn’t necessary for this development because she thought that the landfill and borrow pits wouldn’t be a permanent use of the land. All of the commissioners voted to strike this condition for approval from both CUPs, as Douglas County Engineer Chad Voigt said a stormwater plan wasn’t necessary.

Commissioner Patrick Kelly said that while there could be some contaminants in the asphalt, he said he was confident the Public Works department had thought the issue through. He added that while landfills and borrow pits are not great things to talk about when it comes to land use, they are necessities that happen because the county needs infrastructure.

“We’re talking about sites to find (and) borrow materials to build the road,” Kelly said. “It seems like the applicant has tried to listen to the concerns and make accommodations to the harms that have been raised as best they can.”

The landfill will cover approximately 5.2 acres, with excavation depths ranging from 4 to 12 feet. The borrow pits will extend across about 12.4 acres, with excavation depths between 3.6 feet and 10.1 feet. Once the landfill is closed and materials have been removed, both sites will be regraded to restore the original topography and seeded with grass, as stated in the memo included in the agenda.

The borrow pits and landfill will be located near a drainage swale that flows into Clinton Lake, with the aim of minimizing travel distance for haul trucks by being close to the highway. According to the memo in the meeting agenda, several agencies — such as the U.S. Army Corps of Engineers, the Kansas Department of Health and Environment, the Division of Water Resources and the Kansas Department of Wildlife and Parks — have been consulted regarding the project, particularly its potential impact on Clinton Lake. None of these agencies raised concerns about the possibility of contaminants leaching into the groundwater and affecting the water quality of Clinton Lake.

The memo indicates that the property has primarily been used for agriculture and is generally suitable for it, with slopes less than 5%. However, the drainage and steeper slopes through the western portion of the property render the land unsuitable for agricultural purposes. Excavation and soil removal could potentially level the area for future agricultural use. The memo notes that in future use, the land is not intended for agriculture but is recommended for urban residential development upon annexation.

Construction on the K-10 expansion is currently in progress and is expected to be completed by spring 2028. As the Journal-World reported, the Kansas Department of Transportation has awarded a $170 million contract to Missouri-based Emery Sapp & Sons to widen the South Lawrence Trafficway, K-10 Highway, to four lanes with a median. A major component of the project involves replacing the Wakarusa Drive crossing with an interchange, which will separate traffic on Wakarusa Drive from the SLT.

In other business, the commission:

• Welcomed two newly seated county commissioners — Anderson and Gene Dorsey — as Wednesday was the first meeting with five commissioners.

• Adopted a revision to the Douglas County Code on emergency management and emergency medical services, the first such update in years. The most significant change acknowledges the establishment of the Douglas County Emergency Management Department, which was established as an independent department since the last revisions to the code.

• Approved a joint cities-county emergency management resolution, creating a unified body for emergency management within Douglas County. This includes the cities of Lawrence, Eudora, Baldwin City, and Lecompton. Additionally, the proposed bylaws for the Douglas County Emergency Management Board were also approved.

The board aims to foster strong collaboration between the county, cities, first responders, and residents of Douglas County on issues related to preventing, preparing for, responding to and recovering from emergencies or disasters.

According to a memo in the agenda, the resolution and bylaws were revised to ensure compliance with the Douglas County code on emergency management and emergency medical services, as well as to align with current laws, standards, policies, procedures and best practices.

As the Journal-World reported, in February, the county signed an agreement with Lawrence, Baldwin City and Eudora to operate and fund the Emergency Communications Center. This followed a 10-month effort to update a 1994 agreement, during which stakeholders worked with Wichita State University’s Public Policy and Management Center to assess the county’s emergency communications. One recommendation was to formalize the 911 Board into an Emergency Communications Center Board with clear bylaws defining its functions.

• Reviewed a report by the government relations and advocacy firm Little Government Relations, detailing legislative activities to date and highlighting areas of potential interest for Douglas County to monitor in the coming weeks.

• Heard a presentation on the Kansas Open Meetings Act and the Kansas Open Records Act during a work session. These laws ensure the public’s right to access government records and observe government meetings.

• Held an executive session for the purpose of consulting with the county counselor.