Our primary concern with New Boston Crossing (NBC) is environmental justice. Allowing this project to proceed threatens the protection of the Haskell-Baker wetlands and sets a harmful precedent for future development in the Wakarusa River Valley, risking the loss of vital ecosystems. The project mirrors the SLT, disregarding Indigenous voices for economic gain, and proposes subsidized housing in one of the least accessible areas of town, further marginalizing vulnerable communities.

There are potential unmarked burial sites in the floodplain near the Wakarusa River linked to children from Haskell Institute (now Haskell Indian Nations University) who attempted to escape the brutality of the residential school. Despite condemnation of the project and a request from the Haskell Board of Regents for ground-penetrating radar, the developer proceeded with an invasive survey, discovering pre-contact artifacts and ignoring Indigenous community concerns. With recent Department of Interior reports confirming unmarked burials on Haskell land, this issue must be approached with sensitivity and a commitment to reconciliation.

The Wakarusa wetlands, a culturally and spiritually significant area, are at risk from this project, which continues the legacy of environmental degradation associated with the South Lawrence Trafficway. It’s concerning that, despite the city’s equity policies, the ongoing destruction of wetlands and disregard for Indigenous concerns persists. Additionally, the project’s placement of affordable housing in a floodplain raises safety concerns, particularly for vulnerable populations. The housing is isolated, far from essential services, and at risk from flooding, as it’s downstream of the Clinton Dam and Washington Creek. The area's history of flooding, including the 2019 500-year flood event, highlights the dangers of this development. Further, raising the floodplain elevation removes legal flood insurance requirements, leaving future homeowners vulnerable, especially since the developer is claiming to work with Tenants to Homeowners.

Wetlands on the site, which host ecologically conservative species, will be destroyed, with over 3 acres impacted. The developer’s vague plans for mitigating these impacts, including bioswales, are insufficient, as the land’s clay-heavy soil is not conducive to stormwater management. Additionally, the developer cannot give us any concrete details on who is going to install and manage these bioswales, what the long term management/maintenance of the green spaces will look like, and how the development will impact the Haskell-Baker wetland complex. Moreover, the City’s approval of the floodplain development permit violates regulations, as the developer admitted that the project would increase flood velocities. The City's initial rezoning of the land also violates the Comprehensive Plan, a binding document. If the city adhered to floodplain regulations, FEMA would not be able to approve the permit, as the permit requires the City’s approval before it reaches FEMA.

WHAT WE REQUEST:

1. The Lawrence-Douglas County Planning Commission and City Commission must deny any rezoning requests for New Boston Crossing that do not adhere to the Comprehensive Plan
2. A full investigation into the legitimacy of permit FP-23-00358, granted in February 2024, to ensure all regulations were followed. No further action taken until the developer proves compliance with floodplain regulations, ensuring “no rise” in flood elevation and “no increase” in flood velocity.
3. The Planning Commission and City Commission to initiate rezoning efforts that reflect the values set forth in the Comprehensive Plan. This includes recognizing the floodplain, wetlands, and the broader ecological and cultural importance of this area. These natural resources should be preserved, not sacrificed for development that does not meet the necessary environmental and legal standards.

This development, from its disregard for environmental and Indigenous concerns to its questionable safety and sustainability, requires urgent reevaluation.  We urge all Douglas County and Lawrence citizens to voice their concerns regarding this development directly to our commissioners. Planning Commission email: planning@lawrenceks.org and the City Commission email: commissioners@lawrenceks.org

To learn more, please visit our website, savethewakarusarivervalley.org