Mining industry-related incidents are a longstanding reality for the residents of West Virginia, Young writes, echoing the sentiments Ralph Nader expressed decades earlier. We won't share it with anyone else. The Senate subcommittee would later issue some three volumes of material and by June 1972 would call for new legislation to prevent disasters like Buffalo Creek, offering a Mined Area Protection Bill, a measure, however, that would not be adopted. ", Dealing with Disasters: Some Thoughts on the Adequacy of the Legal System, Coming from West Virginia: An Interview with Songwriter Tom Breiding, The Legendary Language of the Appalachian Holler, Prisoners Like Us: German POW and Black American Solidarity, Hysteria, Indigenous Identities, and Cocaine Bear, Fast and Pluribus: Impacts of a Globalizing McDonalds, How Rap Taught (Some of) the Hip Hop Generation Black History, About the American Prison Newspapers Collection, Submissions: American Prison Newspapers Collection. Murder in Appalachian, The Nation, March 20, 1972. amzn_assoc_search_bar = "true"; On Feb. 26, 1972, at approximately 8 a.m., a coal slurry impoundment dam owned by Pittston Coal Company burst . Davitt McAteer's book on the 1907 Monongah mine disaster. One newspaper, reporting on the study and the Senate hearings, used the headlines Army Corps of Engineers Says Dam Doomed From Start (below). the front to drag them to paradise california. amzn_assoc_tracking_id = "thpohidill-20"; You may opt-out anytime by clicking "unsubscribe" from the newsletter or from your account. 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. Never. Robert Shy, among those in the West Virginia Army National Guard who helped during the crisis, flew helicopters up and down the valley delivering water and milk and picking up dazed and injured survivors. MSHA recognizes those who were impacted in the 1972 flood that killed 125 and injured over 1100 people. The Buffalo Creek disaster : how the survivors of one of the worst disasters in coal-mining history brought suit against the coal company -- and won. He reported there was no danger of a washout of Dam No. himself from the case because of his friendship with Pittstons president. Survey geologist inspects the Buffalo Creek dam and concludes that it was basically Ive been fishing here for almost 17 years. 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. West Virginia Department of Arts, Culture and History. Pierson said he still feels a bit of anger over the aftermath of the flood. Gazette-Mail/L. Vicki Smith, Feds OK Coal Slurry Dam Expansion, GazetteMail.com, March 25, 2013. Additionally, on one side of the valley below Dam #1, there was a huge smoldering coal refuse pile. Stern met with plaintiffs and obtained settlement authority. October 5, 1973Plaintiffs filed supplemental more definite statement February 26, 2022, marks the 50th anniversary of one of the most devastating mine disasters in U.S. history. demand for injunctive relief and to strike certain allegations in the complaint Approximately $5.5 million was provided for property and wrongful-death damages, with approximately $8 million for the psychic impairment claims. I saw my neighbors houses leave. The state's investigation into the disaster is filled with controversy. WVPB News. May 13, 1974Judge Hall denied motion for partial summary judgment as to personal K.T. The people of Appalachia seem to be forever poised at some vague mid-point between ability and disability, is one such Erikson statement. September 30, 1870: Harpers Ferry flood. Each of the plaintiffs ended up with about $13,000. ITHAKA. process loss claims without admitting any responsibility. (2) Stern, G.M. about her fears that the dam would collapse. Some survivors reported homes exploding or splintering apart with the wave's impact. But it brings back memories. EPA has made hazard ratings for hundreds of coal combustion waste ponds and impoundments in the U.S., ranking them for the public safety dangers and environmental risks they would pose in the event of failure. The dams, built of coal slag wastes, were then owned by the Pittston Coal Company. unstable and that the bank [was] subject to large wash-out on [the] north side Citing coal industry dereliction throughout central Appalachia, they said it was imperative for Congress to investigate the industrys practice of erecting crudely-made coal refuse dams and propose legislation to prevent future disasters. Less than a year later, in February 1971, Dam No. 12, No. By the days end, hundreds of homes and vehicles were destroyed, thousands were left homeless, and 125 men, women, and children were dead. When Stern was talking to a former Pittston engineer, he learned something shocking. When the deluge receded, he saw bodies along the long walk to check on relatives, images that have been seared into the veterans mind. discovery confidential. 3) was built over Dam No. The tragedy being spoken of is the Buffalo . The Buffalo Creek Flood: An Act Of Man, Transcript (undated). In fact, the company was cited for over 5,000 safety violations at its mines nationally in 1971. 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. A motion to make the resolution binding on Pittston management was defeated by protect miners and their families. 1:30 a.m., dam #3s water was only one foot below the dams crest. For decades after that, fishing of any kind was no longer an option on the southern West Virginia waterway. Moore shared stories of two young children Darla Dillon, 5, and David Adkins Jr., 4, both of Lorado who perished in the flood. A separate settlement for survivors amounted to about $13,000 per plaintiff. Many cases can take months if not years to reach trial and settlement. 1 (Apr., 1978), pp. Dam No. Senator Jennings Randolph (D-WV) visited Man High School, a temporary refugee location for Buffalo Creek survivors. A few weeks later, on February 22nd, a federal mine inspector and the company safety engineer observed the dams and found conditions satisfactory. C.J. The Buffalo Creek disaster, however, did galvanize concern about strip mining and coal safety in Congress, and helped to spur passage of regulatory bills on the House side during Congressional debate in the early 1970s. One of the country's worst mining-related disasters occurred February 26, 1972, on Buffalo Creek in Logan County. Were owned by the coal company. William Rhee, Associate Professor of Law, West Virginia University, The Buffalo Creek Timeline, WVU.edu, updated on December 30, 2015. should not be material in relation to [Pittstons] consolidated financial position.. McClintock was a field worker for the Black Lung Association, an organization focused on the debilitating disease common to miners. Pittston by then had developed a reputation for poor safety practices, and was ranked second nationally in the number of fatal and non-fatal mine accidents. One retired coal miner who survived the flood, but who lost his wife, daughter and granddaughter in the disaster, explained what he experienced in one. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. 201 12th StS 1948US Department of Interior published an information circular, Burning Tempers flared there as one local man tore into Randolph. On February 26, 1972 the Buffalo creek community was destroyed by a terrible flood. (3) U.S. Congress. problems with implementation. It wasnt long after the flood that lawsuits were brought against Pittston Coal, the company responsible for the slurry dams. 1 (FALL 1999), pp. That failure sent 300 million gallons of liquid coal waste tearing through the underground mine chambers, then spewing out of mountainside portals into valley streams below. Mary Walton, State Warned in 1967 of Larado Dam Danger, Charleston Gazette, March 1, 1972. State of West Virginia sued Pittston in both state and federal court for the states Clearly and simply, said the report, people living downstream from the Buffalo Mining Companys coal refuse dam at Saunders were the victims of gross negligence.. A German immigrant from Munich, John Popp (1832-1922) arrived in the U.S. in 1851 and settled in Wheeling. May 1, 1974Discovery deadline. Pittstons Field Foundation proposed a resolution that Pittston should spend more money to 8:03 a.m., dam #3 failed and carried away dams #1 and #2. Buffalo Creek Disaster is not just about heroes but a dramatic tale that involves the loss of lives and property and the legal war containing a litigation drama that resulted in the payment of the settlement. In Buffalo Creek Revisited: Deconstructing Kai Eriksons Stereotypes, the sociologists Lynda Ann Ewen and Julia A. Lewis write: Eriksons conclusions about the people of Appalachia have along with studies of snake handlers, come to define what students who study sociology know about all of Appalachia. They assert that Erikson validates the national perceptions of Appalachians as peculiar, isolated, and backward and that Everything in Its Path has become a part of the social construction of the modern stereotype of Appalachia.. They pointed to a 1966 U.S. Geological Survey report of 1966 that had found 60 such coal mine waste piles in West Virginia, Kentucky and Virginia, and that little had been done to correct or eliminate those hazards and additional ones since that report was made. The first coal camps at Buffalo Creek were built. In addition to the deaths, the disaster injured 1,100 and left more than 4,000 people homeless. is not a proper party, to strike certain allegations in the complaint, and in the Specific problems, such as the presence of mine workings near impoundments, are dealt with using sound engineering approaches. Everything in Its Path:Destruction of Community in the Buffalo Creek Flood (1976), a non-fiction book by American author Kai T. Erikson, won the 1978 National Book Award for documenting the aftermath of the Buffalo Creek flood disaster in Logan County, West Virginia which killed 125 people and left 4,000 people homeless out of a 5,000-person local population. According to one assessment at the time: These impromptu structures were hardly dams in any technical sense They were simply piles of coal waste, clay, shale, red dog, and other by-products of the coal preparation process, dumped off the back of trucks and bulldozed to an even height. From 1962 to 1972, three dams were built in on the middle fork of Buffalo Creek in Logan County. The floods aftermath was widespread property destruction and the deaths of 125 people three of which were babies who were never identified. Map of Buffalo Creek communities in 1972 shown with disaster summary inset. 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. In 1977, Governor Moore, with three days left in office, accepted a settlement offer of $1 million for a suit in which the state sought $100 million from the coal company. Hall agreed and the documents to a federal court which would require the court to allow a piercing of the Buffalo Mining Company's corporate vail Needed a way to circumvent the $110,000 max wrongful death settlement in West Virginia -$110,000 is the cap for compensatory damages -if it could be proven that Pittston's conduct was "willful, or reckless or wanton then the Comments to: jdoyle@pophistorydig.com. 3 was under construction and about 50 percent completed. U.S. map showing locations of coal ash waste dams, spills, and contamination compiled by Earth Justice. Each upstream dam was built several hundred yards upstream of the previous dam. 79-100. 3/4 (SPRING/SUMMER 2009), pp. Press Release, New Federal Standards Needed for Storing Coal Waste, National Research Council (Washington, DC), October 21, 2001. Depta writes: Theyre bringing in trailers so the next time theres a Senators and experts gather around scale model of Buffalo Creek area in Senate hearing room showing valley below and three coal waste impoundments (#s 8, 5, & 4) that burst causing catastrophic flood on February 26, 1972. Earl Lambert, From The Mountainsides: Many Saw It Happen, Logan Banner (Logan, WV), February 28, 1972. Pierson said he was flown out by helicopter. At the time, the EPA called it the worst environmental disaster in the southeast United States. The coal company called it an act of God (sound familiar?). The legal teams on both sides also are discussing a settlement. A Buffalo Creek native, Victor M. Depta, gets at this idea of recurring tragedy in a 1973 poem, written not long after the flood. 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. That year, the Buffalo Creek Watershed Association was formed. Before that, I was terrified.. 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. Arnold and Porter gave Pittston a $32.5 million written settlement proposal. Many homes were lost during the Buffalo Creek mining disaster in 1972. The Buffalo Creek Disaster. Since the impoundment regulations were implemented in 1975, there have been no incidents of dam failures at coal waste impoundments. 1. I dont know where. They relate the story of a group of survivors who formed their own support group without outside help. Creek dams. Stern asked Judge Hall to help him get access to the West Virginia Ad Hoc Commission Buffalo Creek, West Virginia Division of Culture and History, 2012. Among officials and Senators shown are, from left: Dennis Gibson, Buffalo Mining Co.(22) Garth Fuguay (21, with pointer), Army Corps of Engineers; Sen. Harold Hughes (18); Sen. Jennings Randolph (17); Sen. Jacob Javits (16); Sen. Harrison Williams (15); Sen. Richard Scheiker (19), and Sen. Robert Stafford (20). Rebecca Bailey's 2008 book, "Matewan: Before The Massacre". Before sharing sensitive information, make sure youre on a federal government site. two telephone books worth of victim statements. Jack Doyle, Date Posted: 31 January 2019 More than 100 people died in southern West Virginia when a dam failed. Pittston was also the fifth largest corporate landowner in the Appalachian region at the time, holding nearly 375,000 acres. Ken Ward, Jr., Agencies Failed to Protect People, Inspector Recalls, Charleston Gazette, Tuesday, February 25, 1997. /08. there wasnt any flood. Restockings now happen several times a year. "one acre of area covered by water to a depth of 300 feet", OR Hall. case is assigned to Judge K.K. "Coal: A Human History", 2016 edition. BMCfilled the hole with more coal refuse. As a result many possible . Two Films 1975 and 1984, Appalshop.org. Among those pressing for action in Washington was consumer advocate Ralph Nader, well known by then for taking on politicians and corporations. When that report came out it called for new legislation and further inquiry by the local prosecutor, also concluding: Norm Williams, Deputy Director, WV-DNR & Citizens' Commission chairman. 3 had been built on top of coal slurry sediment that had collected behind the earlier dams 1 and 2, not on solid bedrock. Young draws parallels between Appalachia and the colonialist exploitation of Third World countries, as well as the exploitation of communities of color, such as Flint, Michigan. Fuquay would also conduct an early field analysis of what happened there. Depta recalls the trailers brought in by the Department of Housing and Urban Development to set up temporary living for the newly homeless. In February 1968, Saunders resident Mrs. Pearl Woodrum wrote a letter of complaint to then Governor Hulett Smith saying in effect, the dams were unsafe. The following morning, his wifes birthday, Harvey was on his way to pick up a cake, but police had the road blocked off. It brings back old memories of being in Vietnam, he said. Jacob Turkale holds a rainbow trout he caught Tuesday, Feb. 22, 2022, along Buffalo Creek in his hometown of 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. Some 208 of these coal combustion waste sites are known to have contaminated groundwater, wetlands, and/or rivers. The current rose so high that it covered telephone poles. Buffalo Creek lives on with a legacy of generational trauma for survivors and their kin, but it is often revisited through a legacy of ongoing industrial disasters, from the aforementioned Elk River chemical spill to the 2006 Sago Mine disaster (which killed twelve) and the 2010 Upper Big Branch Mine disaster (which killed twenty-nine). Ewen and Lewis highlight dozens of statements from Eriksons book that demonstrate, they believe, his reinforcement of stereotypes and his blaming the victim mentality toward the residents of Buffalo Creek. Chance of rain 100%. Refuse Dumps at Coal Mines, discouraging the use of coal refuse dumps as dams. 2 (Jan., 1978), pp. Contents The buffalo creek flood a sample Investigation Results its motion to dismiss. Still, the worries for citizens living near either kind of impoundment are equally valid, whether of the mine-site or powerplant variety. Rescue operations and accurate reporting of the dead and missing were made difficult by the fact that access to the area by road had been wiped out, with bridges destroyed and rail lines blocked or flooded. Engineers Say Buffalo Dam Doomed at Start, Logan Banner (Logan, WV), May 30, 1972. When the water set it down again, it just flattened out on the ground. In 2002, Alpha Natural Resources purchased what remained of Pttstons coal business. Some residents in the area, especially those who lived in the town of Saunders, located in the valley directly below the dams, had worried for years about the dams strength. Congressman Ken Hechler (D-WV)), who also came to the area on Sunday, February 27th, told reporters that the U.S. Bureau of Mines and state agencies had failed to demonstrate sufficient concern for the protection of the safety of the people who work in the mines and live in the mining communities. Hechler also pointed to what he believed was a contributing cause of the flooding: As I looked through Buffalo Creek valley yesterday, it struck me again that the entire valley is honeycombed with strip mines and the waste from deep mines so that the soil can no longer hold the [rain] water. Hechler also slammed the coal industrys power in the area, saying, the people are prisoners of the coal industry And with some irony, he added, the only building left intact in one Buffalo community was the company store., On Monday, February 28th, U.S. The Concept 2 . 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. 1912The C&O Railroad build the first spur line by Buffalo Creek. However, adequate funding was never appropriated by teh West Virginia legislature to enforce the law. You will then receive an email that helps you regain access. (The Herald-Dispatch via AP). More than a dozen towns were inundated and 125 people lost their lives. It would go this way on this side of the hill and take a house out; take one house out of all the rows, and then go back the other way. All we had was the clothes on our backs and I prep, I put back not a lot of food, but as much as Janet (his wife) will let me, and I prepare for nuclear war. No evidence of an act of God was found by the Commission. Jules Lob, Buffalo Creek Now A Valley of Death, Charleston Gazette, March 5, 1972. Buffalo Creek Disaster YE HAO GBL395 Summer 2014 Synopsis: . They lost loved ones, their homes, their neighbors, their community. Click for copy. Buffalo Creek Disaster Term 1 / 149 Who is Gerald Stern? The problem of coal waste impoundments in Appalachia and all across America has not gone away since the 1972 Buffalo Creek disaster. The National Research Council's 2001 report to Congress on coal waste impoundments. But following a bitter labor strike in 1989, and the declining profitability of its minerals division throughout the 1990s, Pittston began to wind down its coal operations. But the water-soaked engine would not start, and as he reached for his wife, the flood just carried her away. Adkins did manage to hold onto one daughter and two sons, but his wife and two other children could not be located. 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. 1945The Lorado Coal Company opened a coal mine at Buffalo Creek and began At that time, The water is tranquil in the pools where the trout like to hide. He said he feels his experience with the flood is what led him to lead that lifestyle. Thomas N. Bethell and Davitt McAteer, The Pittston Mentality: Manslaughter on Buffalo Creek, Washington Monthly, May 1972. In addition to the two West Virginia reports, there were also several others, including the U.S. Senate subcommittee hearing record already mentioned; a U.S. Geological Survey report; a U.S. Department of the Interior Report; and the U.S. Army Corps of Engineers report all of which, in one form or another, found fault with the design, integrity, and lack of oversight of the dams, and how regulators and the Pittston Coal Company failed to meet their responsibilities for public health and safety. I seen trees, logs, cars, slate, slush, you name it and it was in that.. One resident at the scene, later quoted in in Kai T. Eriksons book, Everything in Its Path, noted of the onrushing tide: This water, when it came down through here, it acted real funny. The Buffalo Creek Flood and Disaster: Official Report from the Governor's Ad Hoc Commission of Inquiry. In 1977, Governor Moore, with three days left in office, accepted a settlement offer of $1 million for a suit in which the state sought $100 million from the coal company. Boulders donated by another mine operator were strategically placed in the creek. plaintiffs. Although influential, the book overlooks the impressive resiliency and advocacy demonstrated by many survivors within the community. April 16, 1973Plaintiffs moved to amend their complaint to add additional Arch Moore agreed to a $1,000,000 settlement just days. The socio-psychology of all this was probed and covered in an award-winning 1976 book by Kai T. Erikson. 1. Click for copy. Note mud lines on the building at left, marking flood level. A U.S. Geological One thing that really impressed me, though, was there was no immediate display of emotion, Porterfield said, remembering the survivors. Click for copy. 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