Developer and engineer propose deepening Harpers Landing swale into amenity pond; council allows further study

A Harpers Landing property owner told the Fairview Town Council on May 6 that he wants to excavate a deeper pond in an existing floodplain swale and use the material offsite. The town engineer and the applicant’s hydrologist presented preliminary hydraulics and told council the proposed excavation would not increase flood elevations downstream and could reduce future silt concerns.

Town Engineer James (first name only in the record) described the existing swale as part of the subdivision’s flood‑management design and said the purpose of the swale was to maintain the post‑development flood storage capacity created when the subdivision was built. He said LIDAR contours from 2018 and 2024 show no signs of concerning silt accumulation and that velocities in the channel are generally above the 2 feet per second benchmark civil engineers use to avoid sediment deposition. “I don't anticipate a silt problem because our velocities are so good,” he said.

Scott Powell, who told the council he owns several lots in Harpers Landing and serves as the HOA president, said he wants to dig a deeper pond in the existing swale to create an amenity for homeowners and to reduce maintenance costs compared with mowing the swale. Powell said the applicant paid for a hydrologic analysis by Michael Boyd; council packet materials included Boyd’s HEC‑RAS cross‑section work comparing the current channel to the proposed pond geometry.

Engineer James and the hydrologist told council the submitted hydraulic modeling indicates no rise in flood elevations with the proposed excavation and in some cross sections a slight decrease in water surface elevations. “When you dig a hole and the hole fills up with water … the carrying capacity will still be what’s above the water,” James said, noting the pond design calls for excavation rather than adding fill or constructing a dam. The report reviewed velocities and cross sections and showed expected flows under modeled events.

Residents and the applicant discussed maintenance and liability. Powell said the HOA would remain responsible for maintenance and that individual lot owners ultimately would carry property responsibility after lots are sold. Renee Powell, who served on planning and zoning during the subdivision’s approvals, reminded council that the swale was originally part of a protective design to safeguard houses across the creek and urged careful coordination with adjacent property owners.

Council members did not vote to approve construction on May 6. Several council members said they did not oppose the concept and encouraged Powell to proceed with refined engineering drawings, a revised developer agreement if needed, HOA approvals, and any required amendments to subdivision covenants. Council asked town staff to continue reviewing the hydrologic analysis and work with the applicant on final civil plans; staff said a formal revised submittal and engineering drawings will be required and the project will return to council as needed.

What was decided: Council’s direction was procedural — staff and the applicant should refine plans and return with engineered drawings and any necessary revisions to developer or HOA documents for formal review. No dredging, construction or town expenditure was authorized at the May 6 meeting.