Group fights destruction of trees
by Merceda Ares Kansan staff writer
A local group is trying to stop development of the Riverfront plaza to protect the natural habitat of eagles.
The group, Protect Our Eagles' Trees, or POETS, on Monday issued a notice to the Interior Department and the Environmental Protection Agency that said it would file a lawsuit in federal court within 60 days if something was not done to preserve the trees in which the eagles roost.
Every winter, eagles migrate to the Kansas River to feed. The Chelsea Group, an east coast developer, plans to build a factory outlet shopping center on Lawrence's riverfront. In order for construction to begin, demolition of buildings and land is required. Lawrence businessman David Longhurst, who is working with Chelsea on the project.
Robert Eye, a Tongaonoe lawyer representing POETS, said the group was trying to protect the trees that the eagles used for resting and feeding. He said that the trees that would be cut down were the closest to open water and gave the eagles maximum opportunity to feed. He said that if the eagles were forced to move farther from the water, it would be
more difficult for them to feed.
Longhurst said the city had agreed to set aside land on the west and east banks for the eagles. He said that more trees also would be planted.
Eye said the notice was to get environmental agencies to do a complete biological assessment of the project's impact.
"We would hope that this 60 days would give them the opportunity to do something about it." Eye said.
However, Longhurst said that the Corps of Engineers had done an extensive investigation before it issued a permit allowing construction on the riverfront. He said the Corps had contacted 10 different agencies including the Environmental Protection Agency and the U.S. Fish and Game Commission as part of the investigation.
"We have to rely on the experts, and the experts concluded unanimously. I might add that we are well-made, now able tolerances. Long-horned said
POETS feels that although Chelsea agreed to special conditions before it received its permit, there had been no attempt to determine whether the special conditions would work, Eye said.
An example of one of the conditions is special windows that would prohibit the eagles from observing the
activity inside the buildings
Eye said that if nothing was done to preserve the trees closest to the water, POETS would bring a lawsuit against the federal government under the Endangered Species Act and the Clean Water Act.
Eye said that the Clean Water Act would be violated because the Corps of Engineers was going to allow plumbing materials in river bank
John Tatschl, ecologist for the Kansas City, Kan., Corps of Engineers, said the placement of construction did not violate the Clean Water Act because Chelsea had obtained the permit.
The Lawrence City Commission agreed Tuesday to the final design of the project.
John Lungstum, attorney for Chelsea, said that POETS' threat of a lawsuit would not effect the projects' start date.
"There is absolutely no merit to this action," he said. "We view it as an attempt to thwart the development."
Longhurst said removal of the trees would not take place until March 1 as part of an agreement with the Corps of Engineers. That is the result of the need to leave the area. However, demolition of the buildings can begin anytime
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