Both sides digging in on Corps’ proposed land acquisition

827

Operators of the War Eagle Cavern are concerned that a U.S. Army Corps of Engineers (USACE) Beaver Lake flooding Acquisition Study, the initial step towards purchase of shoreline property that floods from about 500 property owners on Beaver Lake, could lead to actions adversely impacting the popular tourist attraction.

“The Corps has started taking the first steps towards acquisition,” Guy Schiavone, general manager, War Eagle Cavern, wrote in an email to the Independent. “They have started contacting landowners seeking permission to enter their property and conduct surveys. We have been in constant contact with Senator Boozman’s office and they assure us that they are looking in to it.”

In late May, Schiavone sent out emails warning that any action that closed War Eagle Caverns could have a major negative impact on the tourism economy.

“One of the ‘low-lying’ areas that the Corps could potentially acquire is the end of Devil’s Gap cove which leads right to the mouth of War Eagle Cavern,” the email states. “Should this land end up under the control of the Federal Government, the consequences for our business, the surrounding area, and the state of Arkansas could be devastating.

“Not only is this land acquisition project completely unnecessary, doing so would cost the State of Arkansas tens of thousands of dollars in tax revenue annually. If the Corps of Engineers takes control of the remainder of Devil’s Gap, this could mean that War Eagle Cavern, a thriving tourist attraction and field trip destination since 1977, would have to close permanently.”

Schiavone said a petition opposed to the proposal posted online at chng.itXbKNZPLP had 1,059 signatures as of June 7.  

Randall “Jay” Townsend, chief of public affairs for the USACE in Little Rock, said they personally spoke with the folks at War Eagle Cavern.

“At this time, we believe the impacts will be minimal,” Townsend said. “However, on-the-ground surveys will need to be conducted before we’ll know the impacts. Keep in mind that we’re still in the initial public comment phase. This phase is designed to identify and explore these types of situations.”

Townsend said the flood pool needs to be protected from future development to ensure that the maximum amount of flood storage is available.

“Every time a structure or fill is placed in the flood pool, we effectively lose storage,” he said. “Structures and fill in the pool can also cause it to fill faster. This reduces the amount of time we have before releasing water from the pool.”

Beaver Lake property owner Dr. David Harper said the USACE has not given adequate notice of the proposal or presented evidence that property owners are building or doing other harmful activities in the flood zone.

“What are the private landowners doing now that is interfering with the USACE’s ‘ability to assure capability for long-term operation of the lake for all project missions?’” Harper asks. “What is the USACE going to do differently if it indeed acquires the private land? You currently flood it at will, or as needed, don’t you? What will change in USACE actions once the ownership changes? I suspect nothing.”

Harper said USACE needs to provide evidence that private ownership of the property is causing problems before proceeding with taking what could be the most valuable portion of someone’s lakefront property. He said that most lake property owners he has talked to don’t want to give up their land, and he fears that offers will be low, and not reflect the reduced value of the entire property from losing the most valuable portion of the land.

Harper wants to maintain the right to be able to clean up his beach after flooding.

Townsend said landowners can request permission to make a footpath to the lake, remove small brush, and mow on government property.

“The first step is to contact the Beaver Project Office for general information and regulations,” Townsend wrote. “The next step is a site inspection by a ranger who will determine the limits of the permit and answer any questions. There are some activities expressly prohibited on government land such as burning, driving a vehicle, placement of personal property, and the use of chemicals. Also, one may not trim, top or cut trees (live or dead) unless a ranger issues a permit.”

However, some property owners have reported it can sometimes take months to get a vegetative management permit.

“Make no mistake about it, if the Corps takes the land, the current owner will have little or no ability to maintain, alter or improve their shoreline through permits,” Harper said. “Just ask current owners how easy it is to deal with the Corps. Can you trust the Corps?”

Harper met with two Corps employees in April just days before the closing on Harper’s Beaver Lake property. He said the employees confirmed the land he was about to purchase was private property.

“The Corps has now admitted that they withheld information from me regarding the Corps plans to take the property,” Harper said. “The ‘permits’ that the Corps talks about are difficult to acquire, time consuming, and they are very restrictive. How are they doing with processing the pending boat dock permit requests that they have had for years? Remember this, if they can take your private property, they can take your boat dock.”

Harper said if the Corps is going to take private property, they should have very detailed and specific information about the problems necessitating this and make it available to the public for review. Also, how much flood pool capacity is lost each year to shoreline erosion compared to private property owner structures? He suggests the Corps concentrate on other projects to maintain the flood pool that don’t require the taking of privately-owned property.

If someone is having trouble losing property to erosion, Townsend said erosion control permits can be issued from the Beaver Lake Project Office. An inspection is required to determine the need, and that erosion control is an effective method to stabilize the bank and protect personal property.

USACE has indicated that it will consider condemnation if owners are not willing to sell. But another option under consideration is flowage easements. Fee acquisitions include the purchase of land and the subsequent transfer of property ownership. Townsend said flowage acquisition allows the property owner to retain ownership of the land but conveys to the government the right to occasionally flood and restrict construction of structures without approval.

Asked whether climate change resulting in heavier rainfalls is a factor in the acquisition proposal, Townsend said there certainly has been an increase in rainfall runoff since roughly 2008.

“We are in a very wet weather pattern right now,” Townsend said. “Beaver has filled several times in the past thirteen years. The weather now is much like the weather in the early 1900s that prompted Congress to authorize the construction of the White River dams. These types of patterns can come and go. Beaver Dam is operating as intended.”

The USACE said there are many steps to complete before any decisions are made and there will be many opportunities to engage with the public and the affected landowners throughout this proposed project – including another public review period that will allow everyone to see and provide feedback on the findings of the study.

Questions about this study on Beaver Lake can be directed to the Beaver Lake Project Office at (501) 340-1230 or (501) 340-1702.