Douglas County approves clean‑rubble landfill and borrow‑pit CUPs for K‑10 expansion with five‑year limits and conditions

The Douglas County Board of County Commissioners on Jan. 15 approved two related conditional use permits to allow a clean‑rubble landfill and a borrow pit on land west of K‑10 for the K‑10 expansion project. The permits were approved with conditions that include a five‑year time limit, limits on hours (sunrise to sunset), restrictions on materials (clean rubble only and no asphalt in the southern landfill area), truck‑route limitations and requirements for reclamation and surety bonding.

Mary Miller, city/county planner, told the commission the two applications were reviewed together and that a conditional use permit (CUP) is discretionary: “A conditional use is a discretionary use. So it’s a use that you can approve or deny, or you can approve it with conditions.” Miller said state regulators (Kansas Department of Health and Environment, KDHE) had determined the landfill would qualify as a “clean rubble” site, meaning it would accept materials such as concrete, brick, rock and uncontaminated soil and would not need a KDHE solid‑waste permit. Miller also described planning‑commission recommendations and added conditions, including a deed note informing future owners of landfill use and a requirement to keep asphalt out of the lower (southern) landfill area after the Army Corps raised concerns about asphalt‑spray chemicals running off toward Clinton Lake.

Chris Storm of Storm Engineering, representing King’s Construction, the contract purchaser and proposed operator, said the site was chosen to “cause the least amount of impact to the surrounding community while … supporting the completion of the K‑10 expansion project.” He told commissioners the applicant worked with staff on the plan and accepted many of the recommended conditions, including removing landfill activity from an easement held by Southern Star pipeline company and performing an engineer load study where access crosses that easement.

County staff and outside reviewers described the conditions that would govern the uses. Miller summarized the planning commission’s conditions that the county add: five‑year time limits with an…