THE WRATH OF CALHOUN FLOODS - Flood Plain Enforcement Issues Raised

(12/17/2003)

This will likely be the flood plain of the future, after mitigation,
ordinance enforcement - no loans for construction on the flood plain,
no flood insurance available

By Bob Weaver

The future of flat land along the county's streams is facing big changes in the next few years.

Flood plain ordinance enforcement will be on the Calhoun Commission agenda January 5.

Robert Perry, National Flood Plain Coordinator for West Virginia, will be addressing the commission over compliance problems, issuing permits and enforcement obligations on the county's flood plains.

Perry contacted the commission after Calhoun Chronicle Reporter Lisa Minney called attention to flood plain problems in a recent article and discussed her concerns with enforcement officials.

Minney indicated the Town of Grantsville has failed to enforce a similar ordinance, and has apparently not issued any permits.

At least one-third of Grantsville rests on a flood plain,
the town yet to enforce their own flood plain ordinances, with its existing housing and businesses destined for decay with little replacement

Calhoun's flood plain ordinance was passed in 1991, and was "mandated" throughout West Virginia, or else federal funds would be cut.

Violation of the ordinance calls for fines, or in some cases, the removal of a land-fill or building. Non-compliance could mean FEMA and other federal agencies will no longer provide financial relief.

The state administration has not publicly endorsed the importance of strict enforcement of the flood plain management ordinances enacted by county and municipal governments under the National Flood Insurance Program.

Technically, there may be hundreds of ordinance violations along Calhoun waterways, including houses, churches, small businesses and fills.

Minney was placed on the January commission agenda to discuss the problem, but has said she is not a complainant, but just wants people in the county concerned with flood issues to speak to the commissioners themselves.

"Not one penalty has ever been imposed, that's not a complaint, that's a fact," saying only ten building permits have been issued. County Clerk Richard Kirby, who has been serving as the Flood Plain Coordinator, said "If someone wants a permit they can come to my office, and I will process the permit, but I will not be the policemen on the issue."

The enforcement of flood plain ordinances in West Virginia have been haphazard, according to a study in 2001-02 and is laden with problems from inadequate mapping to the lack of funding to hire professional people who can appropriately evaluate compliance. In one county, the Flood Plain Coordinator, was the Dog Warden.

The current flood plain is defined in mapping done in 1970, based on 100 year flooding.

Minney says at issue is the failure of the county or the Town of Grantsville to enforce flood plain changes, land filling or new construction along the Little Kanawha River, the West Fork of the Little Kanawha River and dozens of other properties around smaller streams.

The Apostolic Faith Tabernacle at Cabot Station is built on a flood plain earth fill, along with dozens of other projects, residential and commercial, along the LK, the West Fork of the LK and smaller county streams

Minney did not respond to questions from the Hur Herald, regarding flood plain issues, more particularly concerns she verbalized about alleged violations by Grantsville businessman Steve Satterfield.

Businessman Satterfield has filled and built on a lot along the river

Satterfield recently earth-filled a lot beside the Little Kanawha River above Grantsville, then constructing a metal building for his business.

The ordinance disallows filling or construction if such could raise the river level one foot during flood conditions.

Satterfield and the Morris family, Minney's employer, have been in an ongoing dispute for several years about which party would build a convenience store in Grantsville.

Calhoun's Industrial Park, the property sold in the 1980's by the Morris family, has never attracted a productive occupant because it is on the flood plain, although parts of the park have been filled and raised

Calhoun's Industrial Park, near Satterfield's lot, was developed before the ordinance was enacted, but was also built on the flood plain, parts of which have been filled for some limited use.

West Virginia has been beleaguered by more frequent flooding in recent years, particularly in the narrow valleys of southern West Virginia. Flood plain enforcement will eliminate many towns completely.

At least one-third of the Town of Grantsville residential units are on the plain, including the aging municipal pool.

The Calhoun Commission is moving forward with implementing a mitigation program for property owners or businesses that want to sell-out their property on county flood plains.

The Herald will publish Letters to the Editor with opinions regarding flood plain enforcement.

Coming: "Valley Plains Of The Future"