Comments to: jdoyle@pophistorydig.com. Black water was pumped into pools behind the dams and dams filtered the deposits so that relatively clear water could run out their downstream face. Im a bit of a prepper, Hall said, and that flood I think done it, because I dont never want to be caught again with nothing. The following morning, his wifes birthday, Harvey was on his way to pick up a cake, but police had the road blocked off. In addition, coal wastes have also been dumped into abandoned deep mines and used to reclaim strip mines. A Buffalo Creek native, Victor M. Depta, gets at this idea of recurring tragedy in a 1973 poem, written not long after the flood. MSHA said 49 impoundments pose a significant hazard because of the potential damage from a failure. The cause of the Buffalo Creek failure was analyzed, an inventory of coal waste impoundments was compiled, and emergency inspections were conducted to identify other potentially hazardous sites. 2 had ever been formally approved by the state. of their damage claims. The other, David Adkins Jr., he was the same age five he hadnt started school either, but every evening, he was out and back then, they put braces in a fence and hed sit right in that brace and hed watch that bus every evening like he was saying, Next year, Im going to ride that bus. He didnt make it. The New York Times ran an Associated Press wire story on the front page of its Sunday, February 27th, 1972 edition, above the fold, bearing the headline, 37 Killed as Flood Sweeps A Valley in West Virginia. The opening sentence of that story read: A huge, coal-slag heap serving as a dam burst under the pressure of three days of torrential rains early this morning, sending a wall of water through a narrow valley dotted with small impoverished mining towns. The Times own reporter, George Vecsey, based in Kentucky, managed to reach Man, West Virginia on February 27th, filing his story (above) which appeared in the next days edition. A wave from the waste dam flooded and destroyed the Buffalo Creek community [2]. Its nine members, however, were either sympathetic to the coal industry, or government officials whose departments might have been complicit in the dams failures. amzn_assoc_ad_mode = "manual"; Creek dams. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Children walk along the tracks in what remains of their community along Buffalo Creek on Feb. 27, 1972, The people are prisoners of the coal industry.. The failure of a giant 84-acre coal ash impoundment (upper right) at TVAs Kingston Fossil Plant in Tennessee, released 5.4 million cubic yards of ash slurry into the Emory & Clinch rivers and the downstream community of Harriman, TN. Depta writes: Theyre bringing in trailers so the next time theres a process loss claims without admitting any responsibility. The Charleston Gazette of February 1972 reporting on the early flood death total, with front-page photo of damaged homes thrown about on the valley floor. Robert C. Withers, The Disaster of Buffalo Creek, Report of the West Virginia Adjutant General, Charleston, WV, 1972. amzn_assoc_placement = "adunit0"; The second commission, the Citizens Commission, was established to counter this bias. The state sued the company for $100,000,000 dollars but then Gov. Arnold & Porters medical and psychological experts started interviewing and amzn_assoc_ad_mode = "manual"; Half of its downstream side slumped but They just had this blank stare of resignation One of my co-workers said people in those coal communities are used to being battered by this and that. Click for copy. And this was just another little installment in the progression of a hard life, I guess., Congressman Ken Hechler put it a little more bluntly. By March 2, Republican Governor Arch Moore announced the formation of an Ad Hoc Commission of Inquiry to investigate the flood. Yet, as all who lived in those parts knew well, this was a coal disaster, not an act of God, as the coal company would later claim. The Buffalo Creek Disaster February 26, 1972, LoganWV.US (website), History and Nostalgia/ Preserving Logan County History. alternative for a more definite statement as to plaintiffs states of citizenship two telephone books worth of victim statements. Click for copy. The Buffalo Creek Disaster: An Effective Supplement to a Conventional Civil Procedure Course Lawrence M. Grosberg Gerald Stern's The Buffalo Creek Disaster 1 and the lawsuit which is the subject of his book provide an excellent vehicle to complement a conven-tionally taught civil procedure course. its motion to dismiss. There was a gold trout out there I was trying to catch, he said. For decades after that, fishing of any kind was no longer an option on the southern West Virginia waterway. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. Scribd is the world's largest social reading and publishing site. The current members of [the Governors] panel are either oriented to coal or apologists for the tragedy, so we are creating our own commission of 19 residents to take testimony from eyewitnesses, said Pat McClintock at the time. Table of Contents. Based on the testimony obtained from hearings, technical reports and our own field inspection, the Commission concludes that: Dam No. In a court statement later, Mr. Staten recounted his travail and losing his wife: When I looked back and saw her she said, Take care of my baby.Thats the last time I saw her., Mr. Staten and his son, meanwhile, swept along in the water, were struggling to save themselves. On February 26, 1972 the Buffalo creek community was destroyed by a terrible flood. Ben A. Franklin, New York Times News Service, Slag Piles Imperil 5th of State Nader, Charleston Gazette, March 5, 1972. Titchener, F.T. Resources Division inspectors checked the dams but nothing happened. ensued. December 2008. 0 ratings 0% found this document useful (0 votes) West Virginia: Disaster in the Hollow, Time, Monday, March 13, 1972. The number stern settled on was 32.5 million dollars. As part of its more definite statement, Arnold & Porter filed with the court Disaster at Buffalo Creek Health and safety engineer Jack Spadaro was teaching at West Virginia University when the disaster occurred. In the immediate aftermath of the disaster, various state, local and federal government agencies had initially come together to help plan for the recovery of the Buffalo Creek area. Coal and Labor Collection, Appalachian Collection, McConnell Library, Radford University, Radford, Virginia. Feb 28, 1972, The Logan Banner of Logan, WV reports on the search for victims, relief effort, and first-hand accounts. July 3, 1974Plaintiffs/Pittston $13.5 million settlement agreement filed with A U.S. Geological 3 was under construction and about 50 percent completed. The Buffalo Creek Flood and Disaster: Official Report from the Governors Ad Hoc Commission of Inquiry, 1973 (PDF of actual report at Marshall University). Since the impoundment regulations were implemented in 1975, there have been no incidents of dam failures at coal waste impoundments. The Citizens Commission found Pittston Coal reckless and negligent and the state negligent in ensuring safety compliance. 1. [I]f you dont do something, she wrote, prophetically, were all going to be washed away. Her letter did bring a state inspector to visit the dams. and made decisions on future trial structure. U.S. Department of the Interior, Bureau of Mines (W. A. Wahler & Associates), Analysis of Coal Refuse Dam Failure. a federal safety standard prohibiting refuse piles from impeding drainage or impounding A German immigrant from Munich, John Popp (1832-1922) arrived in the U.S. in 1851 and settled in Wheeling. In the U.S. Congress at the time, federal legislation was being considered to regulate strip mining, and the Buffalo Creek disaster figured into the debate. It wasnt long after the flood that lawsuits were brought against Pittston Coal, the company responsible for the slurry dams. Beyond coal, and headquartered in New York City, Pittston had other diverse holdings an oil company, a large trucking firm, the Brinks armored car company, and forty percent of the warehouses in New York City. We publish articles grounded in peer-reviewed research and provide free access to that research for all of our readers. the increased regulation cost might bankrupt it and became open to buyout. The people of Appalachia seem to be forever poised at some vague mid-point between ability and disability, is one such Erikson statement. Create a password that only you will remember. From chaos to responsibility The litigation initiated by the 625 survivors of the Buffalo Creek flood who refused to settle with the coal company claims office was a landmark case. The plaintiffs settled out of court for $13.5 million in 1974, with each individual receiving an average of $13,000 after legal costs. Set during the Polish-Soviet War of 19191920, Babels novel captured the indiscriminate violence and injustice of warfare. In the wake of this disaster, Congress asked the National Research Council to examine ways to reduce the potential for similar accidents in the future, and their report appeared in October 2001, recommending the federal government establish clear authority to review the stability of such impoundments, improve regulation, establish minimum distance rules, and undertake more complete mapping of existing and abandoned underground mines. 16, No. I love it, said Jacob Turkale, 25, who caught a rainbow trout Tuesday. I finally caught hold of the railroad with one hand and pulled my myself out. Some of the flood damage in the aftermath of the Buffalo Creek disaster in West Virginia, showing "mud line" on damaged home, indicating approximation of flood levels for some structures, while others were carried away in the wave or disintegrated into pieces. But the dam pools, and the dumping of the solid slag wastes on the dam structures, were both essentially cost-saving, cheapest-way-to-do-it coal industry practices. And I aint never seen God up there driving no bulldozer dumping slate on that dam. Her remarks won applause from most everyone in the room. Pittstons Robert Weedall, West Virginias climatologist, noted in later remarks that yes, Act of God is a legal term, but there were other perhaps more apt legal terms that might apply to what had happened in Buffalo Creek, such as involuntary manslaughter or criminal negligence. The record, however, would prove that acts of man had everything to do with what happened at Buffalo Creek. 12, No. amzn_assoc_region = "US"; A roadside historical marker describing the Buffalo Creek coal impoundment disaster is shown Feb. 22, 2022, in Man, W.Va. Fifty years ago in West Virginia, the collapse of an coal-waste impoundment unleashed a torrent of black water into a narrow valley. The sociologist Kai Erikson was brought in for the latter suit as an expert witness on behalf of the survivors. Pittston announced in 1999 that it was leaving the coal business. Davis managed to rescue two of his sons, and his neighbors helped pull his 17-year-old daughter from the waters two miles down the hollow. This work revealed the inadequacies that existed at that time in the safety of many of the dams constructed by the coal mining industry. Your purchase was successful, and you are now logged in. Many in the downstream communities were keenly aware of the unstable nature of these impoundments, and expressed their concern to government officials. In fact, there had already been signs of trouble at the dams, which should have raised alarms and efforts at corrective construction. If you forget it, you'll be able to recover it using your email address. protect miners and their families. Last Update:31 January2019 Approximately 550 homes were destroyed, and another 900-plus . Scholarship on the disaster also helps us get to know the peoplethe victims, the survivorsinvolved. WVU is an EEO/Affirmative Action employer Minority/Female/Disability/Veteran. International television coverage of the American Civil Rights struggle was critical in the construction of racial identity and experience in postwar Britain. survivor syndrome, what is known today as Post-Traumatic Stress Disorder (PTSD). Buffalo Creek Flood released its report.The Commission concluded after eight public Arnold and Porter noticed Pittstons president and vice-presidents depositions And that same year, 1967, the U.S. Department of the Interior had warned state officials that the Buffalo Creek dams and 29 others throughout West Virginia were unstable and dangerous. Map Feature: Coal Ash Contaminated Sites & Hazard Dams (U.S.), EarthJustice.org. By the days end, hundreds of homes and vehicles were destroyed, thousands were left homeless, and 125 men, women, and children were dead. plaintiffs. Logan Flood Toll 66; 400 Missing, Hundreds Search Disaster Area; Cause of Break Gets Attention, Charleston Daily Mail, February 28, 1972. The couple had nine children. Some residents in higher hilltop homes overlooking Buffalo Creek, watched as entire houses floated down the hollow, some later crashing into a small bridge downstream. Were going to live here as long as he works here, she said, adding that without the dam, we could be over here safely.. Get this from a library! BMCthen builds dam #2. June 2, 1971BMCs vice president asked Pittstons legal counsel about Buffalo Creek Disaster; however, I have concentrated on the parts of the book that offered me the most insight in terms of procedural strategy. Moore would prevail in the election, campaigning heavily in West Virginias coal mining regions, impugning Rockefellers position on strip mining. I told you this was going to happen, he said, I told you. He had voted for Randolph, but was frustrated with the political process and how the locals were regarded by most politicians. Ben A. Franklin, New York Times News Service, Dam Failures Common: Whos Liable for Flooding, Charleston Gazette, February 28, 1972. Still, the reported number of dead and missing varied with each days news reports, a reflection of the difficulty in finding and identifying bodies in the aftermath. A separate settlement for survivors amounted to about $13,000 per plaintiff. #3 in his inspection report. Many coal waste impoundments had to be either modified or closed to eliminate hazardous conditions. . Robert Shogan's 2004 book, "The Battle of Blair Mountain". The experts concluded that the victims suffered from In 1974, the 645 Buffalo Creek residents suing Pittston Coal settled for $13.5 million, which amounted to approximately $13,000 paid out to each plaintiff. Nader and McAteer, in a letter to key members of Congress urging investigations, estimated that hundreds of thousands of West Virginians living in narrow Appalachian valleys, could be threatened by sudden catastrophic flooding from unstable coal waste dams. For as it turns out, there are coal waste impoundments, and coal waste disposal methods, of many kinds. In reaction to the flood, Hechler said: The people are prisoners of the coal industry., Hechlers quote is included in the media theorist Rita Colistras article in the Journal of Appalachian Studies, which also includes a quote from Ralph Nader. Kanawha County Bar Association voted to investigate Arnold & Porters alleged I just got done buying a Geiger counter and rebuilding it for someone because everybodys getting afraid of Russia right now.. Each upstream dam was built several hundred yards upstream of the previous dam. (ABA Required Disclosures). Richard Martin's 2015 book, "Coal Wars". Afterward, the survivors informally sit and talk about their memories from the flood and how it affected their lives. annual stockholders meeting in Richmond, Va., to petition for fair restitution. They relate the story of a group of survivors who formed their own support group without outside help. Gazette-Mail/L. Less than a year later, in February 1971, Dam No. The survivors were not allowed to address the meeting. West Virginias Secretary of State at the time, Jay Rockefeller (D) who became a candidate for Governor running against Arch Moore in the 1972 fall election also favored banning strip mining. SOUTH MAN Sunday marked 51 years since the Buffalo Creek Disaster, the worst flood in West Virginias history. Penny Loeb's 2007 book, "Moving Mountains". It was a recipe for disaster as the trio of dams was inadequate to handle runoff from large rainstorms, like the one that dumped several inches of rain on Logan County by early Saturday morning, Feb. 26. Six years later, it added a second dam, 600 feet further upstream. In March 1968, DNR notified the Logan County Prosecuting Attorney of Pearl Woodrums letter, but no action was taken at the local level or by the state. Arch Moore accepted a settlement offer of $1 million from the Pittston Coal Company. amzn_assoc_linkid = "97ba3d2dfe21cb80a887e1d63f028ef6"; Associated Press, 37 Killed as Flood Sweeps A Valley in West Virginia, New York Times, Sunday, February 27, 1972, p. 1. Most of Buffalo Creek was previously owned by the Popp family, who ran a dairy farm before converting to grain crops such as soybeans, wheat and corn. We saw the water lift up our house, said Enda Baisden Short, recalling for The Herald Dispatch of Huntington, West Virginia that she and her husband had run from their home early that Saturday morning just prior to coal waste flood. By that time he had stopped screaming and drunk so much water and everything I dont what happened to him.. Fact stipulations, exhibit lists, and pretrial August 16, 1971WVDNR Inspector recommended an emergency spillway on Dam No silver spoon, no silver cup., While visiting Buffalo Creek, Breiding stood at the very spot where the dams had once been. 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