The U.S. Army Corps of Engineers (USACE) maintains there are ecological benefits to not removing dead trees and debris from waterfront property.
“Dead trees, brush, and natural debris (i.e., small limbs, sticks, leaves, etc.) do have ecological benefits by providing habitat for frogs, salamanders, snakes (most of which are nonvenomous), small rodents, and several different species of invertebrates (‘bugs’) that serve as a food source to other animals,” USACE spokesman Jay Woods said. “Debris that is man-made, such as pieces of flotation material from boat docks, plastics, lumber, etc., are not natural to the lake environment and should be removed.
“In compliance with Beaver Lake’s Shoreline Management Plan, the Corps of Engineers can issue vegetation modification permits to landowners adjoining Corps property. These permits allow certain types of activities such as removal of drift material after a high-water event, maintenance of a foot path to the water, mowing of grass and brush, etc.”
But David Harper, who opposes giving up his shoreline property to the USACE, points to the fact that Beaver Lake is a manmade lake that covers about 30,000 acres of habitat that was forever changed when the lake was filled in 1965. He said the USACE itself has tremendous impact on the natural environment of the land it floods to make lakes, including the death of millions of animals, trees and other living creatures, no matter how noble the reason to flood the land is.
“Interesting that a property owner removing a few dead trees that are mostly on dry land and are dead because of shoreline erosion is considered an environmental threat,” Harper said.
He also questions why there is a rush about something that has been an issue for the 55 years since the lake was filled, and objects to what he sees as a lack of transparency. He said maps provided by the USACE are inadequate to determine property lines and that it can’t be justified to get comment from affected property owners for a study of proposal of this magnitude without a public meeting.
Woods said it boils down to the availability of funds. In fiscal year 2020 federal funds were received to acquire privately-owned lands impacted by the unintended inundation. This is a phased approach to purchasing the impacted land over the next several years as funds allow.
“The Corps received an initial $1.7 million to begin the acquisition process,” Woods said. “The Corps is required to follow the National Environmental Policy Act of 1969 as we proceed through this process. As more funds become available in the outlying years, more parcels of land will be acquired. There is no specific date when more funds will be allocated.”
Harper said it is only after the deadline to submit comments that the USACE will make the comments available. He feels it is a disadvantage for private landowners not to know what others in their situation have to say until the comment period is closed.
However, USACE said this is only the first step in the process. All comments received are reviewed and incorporated in the Environmental Assessment NEPA document, as appropriate.
“This EA will include a list of all comments received, together with a response as to how they were considered,” Woods said. “Multiple comments with a similar theme may be grouped together for the response. Once a full draft of the EA is complete, a draft copy will be released for another public comment period. Names of those commenting will not be included in the EA to protect their privacy. It often takes several months to complete the EA. This current public comment period is an early part of the NEPA process. Other information (biological, geological, physical, etc.) is also incorporated into the EA document.”
Not including names could make it more difficult for opponents to organize. And Harper questions the lack of a public meeting.
“The Covid concerns have been greatly mitigated, and President Biden isn’t even wearing a mask now,” Harper said. “Walmart, Home Depot and most other businesses are open for business as usual. The USACE’s position on a public meeting makes it look like the USACE is not wanting to face the public on this major issue. Once again, the USACE is proposing the taking of private property that many have saved their entire lives to acquire and hold to pass on to future generations. Does the USACE really need this land? I think not. Buy from those who want to sell and leave the others alone.”
Harper is also concerned with the USACE ROE (right of entry) easement he has been asked to sign.
“The terms of the ask on the easement are like nothing I have ever seen,” Harper said. “They are requesting that I give them unlimited access at any time for any of their representatives including employees, agents, and contractors for a period of 12 months. Any tools or equipment brought onto the property by the government can stay on the property during and even after the 12-month period of time, and it can be removed within a reasonable amount of time after the one-year period of the ROE easement. This is absolutely absurd to ask for such an easement and even more absurd to grant it. Would you ever grant someone an easement like this on your property? I would think not.”
He is also concerned a lot of property owners on the lake live have their primary residence out of the area or state, don’t take a local newspaper, and may not know about or understand the proposal.
“I think notification was inadequate when talking about taking someone’s private property,” Harper said. “Why the rush?”
Wood said USACE is early in the current public scoping process. A decision on holding a virtual public workshop has not been made at this time, thus has not been scheduled.
“A virtual meeting may be considered in the future if it is determined it would add value to the evaluation process,” Wood said. “During this open comment period, phone numbers and email address have been provided to allow the public to ask questions.”
A map of all private lands currently or potentially impacted by flooding, an online comment form, and a narrated presentation that provides an overview of the project and answers many of the frequently asked questions can be found at swl.usace.army.mill.
Questions about this study on Beaver Lake can be directed to the Beaver Lake Project Office at (501) 340-1230 or (501) 340-1702. Comments may also be sent by mail to the U.S. Army Corps of Engineers, Little Rock District, Real Estate Division, ATTN Chief, Real Estate, P.O. Box 867, Little Rock, AR 72203.