Corps meeting postponement irks landowners

Some opponents of the U.S. Army Corps of Engineers study regarding the condemnation and purchase of private property on Beaver Lake that floods were crying foul when the USACE – Little Rock District gave only a seven-day notice of a public meeting March 1 in Bentonville.

“Now, after nine months of total silence from the Corps, the public is being given only seven days’ notice of a public, face-to-face meeting, to discuss the land taking,” said Dr. David Harper, who has said his waterfront property that floods at times is also the most valuable part of his land. “This timing certainly makes it look as if the USACE is trying to minimize public education and involvement.”

Then USACE sent out a news release postponing the public workshop initially set March 1 and the public comment period scheduled to run from Feb. 23 to March 25.

“USACE requires more time to adequately evaluate and complete the environmental assessment,” the announcement stated. “The 30-day public comment period will begin and a new date for a public workshop will be announced when the EA is ready for release. USACE will publish a second news release when the EA is available for public review. Anyone who previously submitted comments and provided an e-mail address will be notified by e-mail of the availability of the EA and workshop date. For more information about the Beaver Lake Land Acquisition process, please visit go.usa.gov/xtJgG.”

About 500 properties on the lake are impacted, including War Eagle Cavern. The operators of War Eagle said the proposed acquisition could have an adverse effect on their operation.

In an article published June 9, 2021, in the Eureka Springs Independent, Guy Schiavone, general manager, War Eagle Cavern, said that any action that closed War Eagle Cavern 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,” Schiavone wrote in an email. “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.”

Harper is concerned that the USACE is not being transparent.

“The USACE has remained silent for nine months after taking questions and suggestions that were submitted by the public regarding the proposed private land taking,” Harper said. “Not only has the Corps not commented, these questions and suggestions have been kept secret and isolated from those who submitted them. Also worth noting, the public was only allowed thirty-seven days to submit these questions to the Corps starting May 3, 2021, and ending Jun 10, 2021. It currently takes two years or more for the USACE to make a decision on a boat dock permit or solar power for boat dock requests, but then they rush through public input on a proposal that could have far ranging negative impacts on private property owners. It doesn’t seem right, does it? This is a big deal to the individuals whose land is being taken.”

Harper has concerns that if the USACE takes the land, the current owner will have little or no ability to maintain, alter or improve their shoreline through permits.

“Just ask current owners how easy it is to deal with the Corps, and how responsive they are,” he said. He met with Corps rangers before purchasing his land and said they later admitted they withheld information regarding the Corps’ intentions regarding private property owned that extends into the water. 

“Can you trust the Corps?” Harper asks.

The USACE is currently conducting a National Environmental Policy Act review to assess the environmental impacts of the proposed action to acquire private land parcels that are frequently inundated by Beaver Lake during normal lake elevations.

“The Flood Control Act of 1954 authorized construction of Beaver Lake for flood control, power, and other purposes,” said a press release from USACE regarding the March 1 public meeting that was later cancelled just one day after it was set. “A Real Estate Design Memorandum was developed prior to construction that identified land and interests necessary for the operation, maintenance, and control of the reservoir. The methods and technology used at that time to identify and purchase these lands left several frequently flooded areas unacquired by the USACE. The resulting Federal Government boundary around Beaver Lake is uneven and at varying elevations leaving several acres of land routinely subject to inundation.”

To assess the issue and the operation of Beaver Lake, the USACE said it is reviewing site data at areas around the reservoir including, the White River and War Eagle Creek where water routinely inundates privately-owned property at conservation pool or flood pool. Currently, the USACE estimates approximately 500 landowners are impacted.

“If approved, the acquisition of affected parcels is expected to take several years, contingent on available funding,” the USACE press release states. “The initial acquisition effort would target land that is consistently inundated and has impacts to project operation.” 

USACE said the action is important to be able to maintain the amount of flood storage on the lake, but Harper said he has not given an example of how private property owners have diminished this. Harper said he has seen no examples of any owners wanting their land purchased, or how private ownership adversely impacts project operation.

 He said most, if not all, of the private owners are happy to have their land lakefront and underwater, just like beachfront owners in Florida are happy to have the water on their sand. Harper suggested the Corps purchase the land from those who want to sell it and save money by letting others keep their land.

“The 5th Amendment to the U.S. Constitution prohibits the taking of private property without just compensation,” Harper said. “What has the Corps determined to be ‘just compensation’? They have a budget, so what number have they put on the lakefront land?”

The workshop that was canceled would have run from 2 to 7 p.m. where people could ask questions and watch a short informational video, but not make public comments to the audience. Written public comments could be provided at the workshop in writing or by giving them to a court reporter.

This type of workshop versus a public hearing where people can hear what other opponents to the project state has been criticized in some venues as a way to discourage opponents from being able to organize.