As is this:
These two permits are in direct conflict with each other and the law as there is no possible way to maintain historical integrity for a battlefield and also change its contours. According to recent court decisions, it is probably illegal for both of these permits to exist simultaneously.
Yet they do.
To understand the exact points of conflict, first review item 5 on the original permit where it states:
The mining permit makes it seem like the battlefield resource is protected, doesn't it? The problem is that the variance permit below it grants permission for the surface mine operator to change the contours of the battlefield.
It is virtually impossible to "mitigate" changing the battlefield contours without forever ruining one of the most important and dynamic aspects of that historic resource. In other words, the permit to vary from the Approximate Original Contours essentially grants the surface mine operator the right to ruin Blair Battlefield's chances of ever being put on the National Register of Historic Parks as a true battlefield park memorial.
Our state-appointed coalocrats running the WV Division of Environmental Protection ("DEP") and the WV State Historic Preservation Office ("SHPO") have apparently decided on their own to sacrifice the Blair Mountain Battlefield for some ATV trails.
The only reason they haven't begun surface mining Blair Mountain yet is because it was nominated and listed, after unanimous vote on the National Register of Historic Places. But then it was taken back off due to the acceptance by the SHPO of a number of dead people objected to its being listed.
But I digress.
The latest in the controversial (and probably illegal) actions by the SHPO is the issuance of those permits. There is no freaking way to mitigate the loss of the view shed, line-of-sight battle confrontation zones or the audio buffer once the original contours of the land has been changed. Although deputy SHPO Susan Pierce or her land company pals might eventually pay an archeostitute to sign off on some crazy "mitigation" scheme, any real archeologist or battlefield historian would shoot it down in a heartbeat.
The fact is, there IS no existing mitigation plan, and there never will be. There is, however, evidence demonstrating that the real strategy of the SHPO and the DEP is to simply kill the nomination to the National Register by letting the land companies and surface mine operators raze the historic resource.
These earmarks of coalocracy thrive only through a strategy of agency complicity, compartmentalization, and cover-ups.
FYI, according to Wikipedia..
The Battle of Blair Mountain was the largest open class war in US history, and was the second largest overall armed insurrection next to the Civil War. For five days in late August and early September 1921, in Logan County, West Virginia, between 10,000 and 15,000 coal miners confronted an army backed by coal operators in an effort to unionize the southwestern West Virginia coalfields.
Yet these state agencies are bound and determined to turn Blair's historic resource into another ATV trail commemorating hillbillys feudin' over a wandering pig.
There is now evidence produced as a result of several very focused Freedom Of Information Act requests to the Office of Coalfield Community Development ("OCCD") revealing that the SHPO has never participated in any OCCD program for any surface mine permits involving any area in or even near the entire Blair Mountain area. EVER.
According to the statement on the OCCD website,
The Office of Coalfield Community Development (OCCD) was created during the 1999 legislative session to assist communities affected by surface mining activity throughout the state.
It also states:
...[c)ounties with surface-mined properties will be required to produce a Land Use Master Plan for coal operators to use for post-mine development within their mining permits. This plan is to specifically deal with uses of mined properties in accordance with West Virginia Code and approved rules of the U.S. Office of Surface Mining. The legislation requires the Office Of Coalfield Community Development to assist in the creation of these plans and to review them to ensure they meet certain criteria.
The records show that the SHPO never once actively participated in the OCCD process to see to it that Blair's historic resource would be protected for good of the local community. As a matter of fact, the historic resource isn't even mentioned on the county's post mining Land Use Master Plan. Which is particularly curious that the OCCD apparently let the mine operator slide on its requirement to notify the SHPO to get involved, since the OCCD is a division of the WV Division of Energy ("DoE") and the DoE commissioner just happens to be married to a former head of the State Historic Preservation Officr.
By the way, it's not just my opinion that a national battlefield monument and park is more important to the local community than another atv trail. It just so happens that Blair Mountain Battlefield is promoted within the Department of Highways own Country Roads Byways Corridor Management Plan as an important National Monument because of its historic resource. As a matter of fact, of the many studies and surveys regarding Blair Mountain, there hasn't been any comprehensive study or plan that actually recommends converting Blair Mountain into yet another network of ATV trails.
On the other hand there are many studies which recommend Blair Mountain to be developed to fulfill its potential as a battlefield park and nationally recognized historic monument.
Speaking of archeologists, prior to deputy State Historic Preservation Officer Susan Pierce's casual signing off) on the abandonment of right of way to what historians, archeologists, and even our state legislature has officially memorialized as a crucial part of the battlefield, existing records are now known to reveal that Pierce neglected to inform the WV Division of Highways ("WVDoH") that she had actually granted permission for the WV Department of Environmental Protection ("DEP") to issue permits to surface mine that property.
There are documents which lead to the firm belief that the SHPO has never properly informed the WVDoH commissioner that once the decision is made to abandon the right of way to state route 119/7, the land company and mine operator are each fully prepared to begin surface mining within the boundaries of the permits pictured above. Although deputy SHPO Susan Pierce's name isn't on either permit, existing documents also reveal that she fully agreed to issue that Adkins Fork (Blair Mountain) surface mine permit.
Now that land companies are reportedly razing the historic resource in preparation for surface mine operations, it is believed to essentially be deputy SHPO Pierce's fault that they are destroying any chance that Blair Mountain will be recognized as a national battlefield monument site. Not just because she signed off on the permit with that impossible "mitigation" clause, but because when archeologist Harvard Ayers called the SHPO to ask what they were prepared to do to defend the historic resource from even more destruction, SHPO archeologist Lamarre basically admitted that the SHPO would do nothing whatsoever.
Seems as if even bothering the SHPO to dial up the DEP to demand that they simply enforce the law is too much to expect.
Add to that the fact it's not the only permit to destroy Blair Mountain that the SHPO has allowed, and suddenly the evidence is even more convincing of a history of malfeasance and collusion within several state agencies over a number of years. All of which are charged, by laws and regulations, to protect the community environment from the devastation of surface mining. And yes, existing law includes historic resources as an integral part of the environment to be protected!
The other surface mine permit that was issued for the Blair Mountain Battlefield is at this link, and the subsequent hundreds of permit violations are found at this link. All of which establish a history of malfeasance on the part of both the SHPO and the DEP when it comes to ruining the chances for Blair Mountain's extensive battlefield to become a national monument and historic battlefield park.
So just how in the world could Susan Pierce have ever justified signing off on any permit to surface mine Blair Mountain's historic battlefield? After all, even its own website boasts:,
"[T]he mission of the Division of Culture and History's State Historic Preservation Office is to encourage, inform, support, and participate in the efforts of the people of West Virginia to identify, recognize, preserve and protect West Virginia's prehistoric and historic structures, objects and sites." (bold italics added for emphasis -oc)
Unfortunately, existing records prove that if the historic site has coal under it, the SHPO's website statement is null and void.
When deputy SHPO Pierce signed off on the above pictured permit, she basically either knew, or should have known that at the very minimum surface mining that property would forever destroy 12 major battlefield sites. Both White Trace Ridge and White Trace Branch are some of the most historically significant areas within the whole Blair Mountain battlefield due to these areas being the only places found as of yet that contains material artifacts from the miners' army.
Along With South Crest and North Crest, this is some of the only part of the battlefield with superb archaeological integrity of material culture from both sides of the participants in the battle.
Although more research is needed, initial analysis suggests that the miners, who were firing on the defenders at the South Crest of Blair Mountain, occupied this area. In addition, a small piece of the permit breaks off and runs through White Trace Branch. This was a significant approach by the miners, and evidence of the battle has been found through that hollow.
Two recorded sites have been located and documented along the small access or egress route in the permit. To add even more to the destruction of this area, another small egress route connects on the western side to Route 119/7.
There really can be no good reason why Pierce neglected to consult with her own staff archeologist before signing off on the controversial abandonment of right of way. The only reason that State Route 119/7 hasn't yet been abandoned is apparently because a local activist forced deputy SHPO Pierce to consult with her own staff archeologist by firing off a well-timed Freedom of Information Act request and backed it up by a hand-delivered formal complaint of fraud to our state Attorney General.
The ugliest part of this whole deal is the completely contrived compartmentalization of the state agencies involved. What else could it be called when the SHPO never notified the WV Division of Highways Commissioner that Blair Mountain's considerable historic resource would be demolished once the right of way to state route 119/7 is abandoned?
EVIDENCE OF COMPLICITY
It is remarkable that in the SHPO's archeologist's hand written note generated after the deputy SHPO was alerted that Pierce's scheme had been exposed, Lora Lamarre completely left out crucial information about how the abandonment would irrevocably lead to the destruction of the view shed, sound buffers, and line-of-sight battle confrontation zones. All of which are considered major contributing components towards getting any battlefield site recognized as a national monument.
The following is an example of study done for the preservation of the historic resource in Manassas, Virginia. The contrast illustrates just how negligent Lamarre was when leaving those points out:
"History Associates worked closely with PWC and NPS officials in selecting twenty-five "viewshed points" both within and outside the battlefield park. We then documented these viewshed locations using a field-grade global positioning system unit. The resulting GIS digital map clearly displayed which points on the maps were visible from which location. When combined with the hundreds of historic images, maps, and battle accounts we collected, the result was a meaningful explanation of historic views available to Civil War soldiers and the encroachments upon these viewsheds by existing and proposed development." source
A meaningful interpretation of the Battle of Blair Mountain is apparently the last thing any of our state-appointed coalocrats want.
HOW COALOCRACY KEEPS US IN THE DARK
Despite the portrayal of Appalachians as not much more than endlessly fuedin' and mooshinin' hillbillys (using, of course YOUR taxes), we here in the Mountain State have certainly never been ignorant or jobless of our own accord. As proof of our willingness to work, all one need do is look at the amazing amount of coal tonnage produced back when a major portion of the Appalachian population eked out a living by hand loading onto mule-powered carts. Yet since surface mining has infected our political system, those deep mine jobs are on the verge of becoming as obsolete as the fourteen year old mule skinner and thirteen year old tipple boy of yesteryear.
Unfortunately, it's not just our political system that's been infected by the coal operators' greed. There is a rich history of labor in this state that few folks know about because it was never really taught in our schools, thanks to the efforts of our coal-fired politicians.
If you doubt it then perhaps you never heard of how WV Governor Homer Adams Holt successfully eradicated WV's labor history from our public school textbooks back in the early 1940's.
Evidence that our state government subjugates our education system for the benefit of Big Coal is in the utter chaos that the famous Recht Decision caused in our statehouse after parents were forced to sue for the right for their kids living in West Virginia's coalpatch to have a fair shot at an education. If you think the Recht Decision made a big difference in properly funding WV schools, then ask your local legislator why the coal severance tax has never been used to directly pay school teachers properly in West Virginia.
While you're at it, ask why they aren't serious about keeping quality educators here.
THE STRATEGY OF TRICKLE DOWN SCHOOLING
Although West Virginia is the fourth most resource-rich state in the nation, it nearly always rates at the bottom in education. It's no coincidence that four out of five county school systems have gone bankrupt have been those with the highest in coal production. While industry leaders constantly brag that if it weren't for coal, the situation would be far worse, anyone even half paying attention over the age of fifty wonders how that could be when it's already about as bad as it can get.
It is no coincidence that once Blair Mountain's historic battlefield is surface mined, a rich source of education will be forever lost.
CONTRIVED COMPARTMENTALIZATION WITHIN THE WV DIVISION OF LIEWAYS
Again, relying on that very comprehensive DoH report, on page 148 of the Country Roads Byway Program, it states:
To read how the education in the coalpatch is tied to coal's sorry economic performance, click on the following thumbnail:
Note that this isn't some treehugger lefty egghead report, but that of an official state agency - the WV Division of Highways!
Now compare that report to what deputy SHPO Susan Pierce had to say about the significance of protecting and developing the Blair Battlefield from surface mining during a permit hearing:
The entire testimony of all parties at that hearing is available by clicking on this link.
Why didn't Susan Pierce, or Alan Rowe, or Jeff Davis at the very least declare that it was their job to "identify, recognize, preserve and protect West Virginia's prehistoric and historic structures, objects and sites."?!?
Note that this was to have been an informational hearing, yet neither Susan Pierce nor any of the SHPO staff even bothered to explain how the historic resource would be put at risk by the issuance of the relevant surface mine permit. And although the National Registrar and Survey Coordinator was there, he completely clammed up about the advantages of having a battlefield National Park, and how the DEP would be in total charge of protecting the historic resource once the SHPO signed off on that permit. It's probably because despite the fancy title he was working full time under the SHPO's coal-covered thumb.
I know why he clammed up, because I've been in contact with him, and he's expressed "deep misgivings" to me in writing about the SHPO's decisions regarding Blair Mountain while he was working there.
It is also notable that during those public hearings the SHPO never even attempted to educate landowners to the fact that there are actually very few disadvantages to having their property designated as a national monument.
WEASELS RIPPED US OFF
In the old days it was common for land companies to weasel Appalachians out of their mineral rights by working behind the scenes to convince local politicians to raise taxes to the point where poor landowners were forced to sell off the mineral rights.
The modern approach is for state appointed "historians (aka SHPO) and "environmentalists aka DEP)" to cleverly collude with coal operators, land companies and their attorneys and basically rob you of your surface rights without your ever even realizing it.
For instance it was reported back in April, 2009 that someone on behalf of the coal operators engaged in a disinformation campaign to produce enough objectors to get Blair Mountain removed from the National Register. The list not only somehow included the names and statements of dead people, it revealed that some were apparently under the wrong impression that once listed, land owners forfeited the right to do pretty much whatever they wanted with the property.
What that report confirms (although missed by the reporter) is again the fact that the SHPO was negligent in that it has never explained to the landowners the advantages of having their property listed. To make matters worse, the SHPO chose to ignore the obvious incongruities in the objectors letters which had clearly indicated to the SHPO's attorney that some were fraudulent.
And just why hasn't Attorney General McGraw even bothered to look into what seems to clearly be an overt act of fraud by the land company's attorneys on behalf of their client?
It's because the SHPO never asked him to, and the Coalpatch Gazette never bothered to report it.
The complete details of that fiasco are at this link, and the status of Blair Mountain regarding its listing as a nationally recognized battlefield memorial park is at this link.
The coalition of Blair Mountain supporters are presently contemplating taking court action over the de-listing.
The Wanton Destruction of Hallowed Ground
Although it is the labor movement's most prominent battlefield in the U.S., Blair Mountain isn't the only place where coal operator mercenaries clashed with striking miners. Just this past May, WV historian and author David A. Corbin told a gathering at the WV Humanities Council that there were shootouts in coal camps all throughout southern WV. So even the ground where these coal camps were located is hallowed because that's where good men died fighting for their cause. Yet the way the WV State Historic Preservation Office operates, if it has coal under it, that history just ain't worth preserving.
But that's not the only reason the state chooses to revise its own history.
Take, for instance, the Battle of Matewan, which Corbin's recent lecture commemorated. Think about why the WV Revision of Culture and History prefers calling it the "Matewan Massacre" when men were armed on both sides, and killed on both sides of that conflict. Thus it would accurately be described as either a gun battle or possibly a shootout. Tagging it as a "massacre" implies that the Baldwin Felts thugs were murdered in cold blood.
The real massacre took place when the Baldwin Felts mercenaries assassinated unarmed Sid Hatfield and Ed Chambers on the McDowell County courthouse steps. So instead of calling that the "McDowell Massacre", our coalocrats insist on repeatedly choosing the wrong narrative.
Note that the prime cause for the revolt and march on Blair Mountain is never really pinpointed on any state-owned website although there is existing documentation that the prime cause was the state-sanctioned inhumane treatment of the miners and their families for the benefit of the coal operators. How else could the leaders of the revolt have been charged and put on trial for "Treason Against The State", but prosecuted by lawyers paid for by the coal operators?
Miners had suffered years of coal operator mercenaries bullying and murdering while enforcing yellow-dog contracts, scrip, company store prices and being cheated on the tonnage the miners hand loaded. But when Baldwin-Felts thugs ambushed the unarmed Matewan Sheriff Sid Hatfield and Ed Chambers, it was the last straw.
Just how bad was the state's complicity in the subjugation of Appalachians back then? Despite numerous eyewitness accounts, Baldwin-Felts thugs C. E. Lively, "Buster" Pence, and Bill Salter were acquitted of the Hatfield and Chambers murders on the grounds of self defense, although Hatfield and Chambers were weaponless.
No Baldwin Felts mercenaries and no coal operators were ever convicted for any capitol crimes during that time, a fact that is completely ignored in every official state narrative even though they were known to have shot many men down for the slightest of reasons.
For example, when Sheriff Chafin and coal operator Quin Morton murdered Cesco Estep by strafing his entire coal camp as they rolled through on the bloody Bull Moose Special, not only were there no arrests, Chafin was praised, promoted, and paid quite well for his bloody thuggery.
I'm pointing all this out because the obvious slant in the state's narrative is indicative of a much larger problem. Relying on state-appointed historians to protect an historic resource that directly exposes our own state government for its complicity lets coal operators off the hook when committing serious crimes against humanity today.
Although these days their crimes are more subtle, they are still deadly.
Much of the very survival of the historic resource hinges on whether or not Secretary Mattox of the WV Division of Highways decides to abandon that right-of-way and essentially destroy our ability to safeguard a vital reminder not just of a pivotal point in our nation's history, but a window into our state government's endless record of complicity.
There has very recently been a notice sent out by the WV Division of Highways regarding the controversial abandonment of right-of-way which actually invites more comment.
To those who have been closely following that sordid saga, even the notice itself is dripping with complicity. It reads:
Dear -------------:
Thank you for your recent e-mail regarding the proposed abandonment of CR 119/7, 3.90 miles in its entirety, in Logan County.
The West Virginia Division of Highways (WVDOH) conducted a public meeting on May 17, 2010, at the Logan Elementary School in the City of Logan. Input from interested citizens is very important to us when trying to reach a final decision on issues such as this. Upon reaching a decision, the WVDOH will notify you by mail.
Again, thank you for e-mailing and sharing your concerns. Should you have any additional questions, please contact Mr. Scott Eplin, Acting District Two Engineer/Manager, at 801 Madison Avenue, Post Office Box 880, Huntington, West Virginia 25712-0880 or by telephone at (304) 528-5600.
Very truly yours,
Howard L. Mullens
Assistant Commissioner
HLM:Pg
Apparently there's still time left to get your comments on file, folks! But please, when you send it to acting District Manager 2 Eplin, also be sure to forward a copy to:
Paul A. Mattox, Jr., P.E.
Phone (304)558-3505
Fax (304)558-1004
E-mail dot.commissioner@wv.gov
Please be sure that you put on the subject line BLAIR ROAD ABANDONMENT - FR#09-1253-LG
I'm advising you to do so as I've already dealt with Eplin and I don't trust him one little bit. |
