Branson Landing and Flooding Potential

[drbewley]

By Brandon Cone

BDN Staff Writer

bcone@bransondailynews.com

Despite a permit violation, studies agree that the construction of Branson Landing will not increase the risk of flooding in the Lake Taneycomo area.

The U.S. Army Corps of Engineers Little Rock District office sent a letter to the city of Branson last week, confirming that no measures would have to be taken to correct a permit violation.

Col. Wally Walters, a U.S. Army District engineer, wrote to the city, “Your developer, HCW Development, did not build the project as permitted and placed a very large quantity of fill in the floodplain, with parking lots generally being placed about 8 feet above the designated level.”

In Walters’ letter, it says that the Corps became aware of the violation about a month before the opening of Branson Landing in May 2006. The corps decided not to delay the opening of the project, after the posting of a $300,000 development bond and an assurance by the city and HCW that if it was discovered in a hydrology study that the extra fill could cause increased flooding that the problem would be corrected as directed by the Corps.

The city’s engineering consultants conducted a hydrology study which concluded that extra fill would not increase the chances for flooding.

“We didn’t fully agree with all of the city’s study’s finer points, but we did arrive at the same conclusion,” said Jerry Harris, chief of the Corps’ Little Rock branch regulatory office.

Walter said in his letter because the Corps does not fully agree with the study, the city could still be held responsible if damages are caused by the action of the violation.

“The city will remain at its own legal risk should the study be challenged,” Walters’ letter states.

Because of the result of the study, the city was released from the $300,000 bond on account that no variation was needed on the project.

Walters’ letter goes on to speculate that the violation was intentionally undertaken by HCW with a “willful nature” and said he would have no objections to the city imposing penalties on the developer for the violation.

City Administrator Terry Dody said he did not see that happening.

“I don’t know why we would impose any penalties,” Dody said. “There was no damage done. The fill was added because a hydrology study showed there would be no adverse effects, and a second study showed that after the fill was added it had not, and would not, increase the risk for flooding.”

Walters’ letter also advised the city that there is still a possibility for the city to incur fines penalties and responsibilities or any damages caused by the extra fill.

“The city of Branson continues to be liable for both past and future actions taken under the Department of Army permit,” the letter says. “For failure to achieve compliance, the law provides for the possibilities of substantial administrative fees or other penalties.”

Representatives from HCW Development were not available for comment as of press time Wednesday.

[Phil Lilley]

How many years did they haul in hundreds of truck loads of fill to the Landing? 2-3? Where was the Corp? I guarantee you if I brought in dozens of loads of rock and started to "reclaim" land along my bank, the Corp would be at my door with a court order to cease and desist.

The Corp fell down on the job. Sure HCW/City of Branson will take all the ground they can. I'd like to see the plans for those parking lots- I bet they will show that was the plan all along.