Flood Recovery in Buchanan County, Virginia, a Muddy Process

Threatened crayfish caught in the confusion

During massive back-to-back floods in Virginia, many stream beds were badly damaged. Confusion over permits still has some residents uncertain as to how to go about making repairs. Photo by Willie Dodson

By Lorelei Goff 

Buchanan County, Virginia, was hit by devastating floods in 2021 and 2022. These extreme weather events destroyed homes, outbuildings and driveway bridges, damaged public roads and washed away streambanks. Tragically, the 2022 flood claimed one life in the Hurley community. Now, several years out from these consecutive, massive floods, delays and confusion continue to hinder recovery efforts, leaving some residents and local officials frustrated.

While most county roads have been repaired, some damaged homes still need to be torn down, and work is ongoing in community parks, according to Buchanan County Supervisor Jeff Cooper. 

“Many in the county still need repairs to their own property, including the stabilization of streambanks along Dismal Creek, Guesses Fork and other streams, and the construction of driveway bridges across these waterways,” says Emma Kelly, New Economy program coordinator for Appalachian Voices, the organization that publishes The Appalachian Voice. 

“The regulatory procedures that apply to these sorts of projects can be confusing, and many in the county may not be aware of the steps they need to take to address flood impacts on their own property.” Kelly says. “The presence of the threatened Big Sandy crayfish in flood-impacted streams adds to the confusion, and misconceptions around required permitting and protection of the species have posed an added barrier to flood recovery.”

The Big Sandy crayfish, or Cambarus callainus, is a colorful 3- to 4-inch long crustacean that resembles a small lobster. They are only found in the Big Sandy River basin in Virginia, Kentucky and West Virginia. These omnivores play a vital role in their aquatic ecosystem. Besides cleaning stream beds from decaying plants and animals, they are food for other species, including bass and other sport fish.

The crayfish’s population declined dangerously close to extinction due to losing roughly 60% of its habitat, which led the US Fish and Wildlife Service to list it as a threatened species in 2016.

The Big Sandy crayfish is listed as threatened by the U.S. Fish and Wildlife Service. Protections for the colorful crustacean have delayed repair of a bridge in Buchanan County. Photo by Zachary Loughman

Under the Endangered Species Act, it is illegal to kill or destroy the habitat of endangered species. any projects receiving federal funds or federal permitting are required to include plans for protective measures if endangered species may be impacted. Such projects often are allowed a certain anticipated amount of species death or habitat loss, known as “take coverage.” The U.S. Fish and Wildlife Service determines if and how much take coverage to allow, though other government entities generally handle project funding and permitting.

“We went door to door in Guesses Fork and Dismal Creek after the flood to listen to folks about what their needs are,” Kelly says. “We were lobbying the General Assembly to fund recovery programs in Buchanan County, as well as looking at various existing state and federal aid programs, so we wanted to learn firsthand what people were experiencing. Several people expressed a belief that the presence of the endangered Big Sandy crayfish in Buchanan County made it nearly impossible to do work on stream banks and bridges.”

After making inquiries with numerous government agencies over the spring and summer of 2023, Appalachian Voices was unable to identify any instances where homeowners had sought permission from the U.S. Fish and Wildlife Service to do flood recovery work on their own properties and were denied on account of protections for the Big Sandy crayfish.

But it turns out that the crayfish is one of several factors delaying a major bridge project, and confusion around what steps homeowners should take could also be delaying flood recovery and mitigation. 

Flood recovery begins after the emergency response to a flood has ended and is regulated by different procedures than flood response actions.

“When the flood event occurs, the county administrator would make the declaration of a local emergency, which is subsequently ratified by the board of supervisors,” Buchanan County Attorney Lee Moise explains. “The declaration of a local emergency permits county personnel to engage in emergency services regulated by Virginia Code section  44-146.21.”   

The governor and president may make additional declarations, depending on the severity of the damage, that would authorize state, law enforcement and National Guard resources, as well as federal assistance, primarily through the Federal Emergency Management Agency, according to Moise. When the county’s board of supervisors ends the emergency period by a resolution, the flood recovery stage begins. During this stage, other resources are provided by state and federal agencies and nonprofits.

In the immediate aftermath of the 2021 flood, the Fish and Wildlife Service instructed the county and agencies involved in the emergency response to proceed with any work they deemed necessary, regardless of the presence of the crayfish, according to an email obtained through a Freedom of Information Act request by Appalachian Voices. The 2021 email from Fish and Wildlife to Buchanan County Attorney Lee Moise directed county officials to “move forward with emergency operations and document projects as you are able.” The email went on to explain that measures to minimize any potential impacts to crayfish habitat should be taken, but “only if doing so will not impede recovery work.” 

Though Appalachian Voices could find no evidence of flood recovery projects being denied on account of the Big Sandy crayfish, one project  — the replacement of a bridge along Route 715 across Dismal Creek — is facing ongoing delays due to date restrictions on construction. In order to minimize impacts to the Big Sandy crayfish, work in the creek is not allowed during seasons when the crayfish spawn. The bridge is a main access point for residents in that area to reach their homes. It also takes first responders and postal workers, among others, significantly more time to reach homes beyond the bridge by alternate routes. 

The restrictions prevent interference with the breeding season of the crayfish and the variegate darter, another endangered species.

“There are many different threatened and endangered species in the streams of Southwest Virginia, and many of our bridges cross over these waterways,” says John Bechtold, Bristol District bridge engineer for the Virginia Department of Transportation. “When we are developing a project in one of these areas, we work closely with our environmental division to ensure that we are including the necessary steps to protect these species in accordance with federal requirements.” 

Another element that has delayed progress on the project is the proximity of the bridge to a Norfolk Southern railroad overpass and the need to coordinate planning efforts with the railroad. 

“This coordination is essential to ensure that the new bridge does not interfere with the railroad operations and meets all safety requirements,” says Michelle Earl, Bristol District communications manager for the Virginia Department of Transportation.

County ordinance updated

Flood recovery projects on private property where the crayfish is present must be authorized by the county. The county will then apply for the required permits from the U.S. Army Corps of Engineers and the Corps will coordinate with the Fish and Wildlife Service to comply with the Endangered Species Act.

Steel beams and broken cement slabs were all that remained of this bridge when the waters receded after the Whitewood flood of July 2022. Buchanan County residents still needing repairs should apply for a permit from the Buchanan County Attorney’s office. Photo courtesy of Richard Underwood

Within a floodway, which is the area surrounding a waterway that acts as an extension of the waterway to channel flood waters downstream, development is generally not allowed. It can impede the flow of water, worsening the effects of flooding. Development may also be restricted in flood zones, which are areas at varying risk for flooding, as determined by the Army Corps.  

Additionally, development within the floodplain requires that the finished first floor of a structure be at least 18 inches above the base flood elevation of a 100-year flood event. 

In addition to these federal regulations, Buchanan County has a flood damage prevention ordinance to minimize loss of life and damage to property in the case of future flood events. 

“People that want to do any kind of activity in the floodplain need to file an application with my office for permits,” Moise says, adding that residents who aren’t sure if their property is in the floodplain should contact his office before doing any development, including repairs, flood mitigation or debris removal.

“The only way we’re ever going to get on top of this situation is to get folks to comply with the flood damage prevention ordinance,” he says. 

The ordinance, recently updated following the floods of 2021 and 2022, takes into account requirements by FEMA and the Army Corps of Engineers regarding development in floodplains and flood zones, as well as requirements for flood insurance coverage. If the ordinance is not adhered to, the county and some of its residents could be suspended from the National Flood Insurance Program, creating a costly problem for residents whose flood insurance policies may not be renewed. 

“That could be considered as a default on the mortgage and could create a massive problem,” Moise says. “So this is very important. 

“It’s almost like everybody in the county needs to work to make sure that this ordinance is complied with. And the only way we can do that is by having this application process, if there’s going to be any kind of development activity in and on property that’s in the floodplain.”

There is currently no fee required to submit the application to the county. However, one will likely be imposed in the future, according to Moise.

Requests for an application should be sent to Moise at P.O. Drawer 950, Grundy, Virginia 24614. The office is located on the third floor of the Government Center Building at 4447 Slate Creek Road.

Questions can be directed to Moise by calling 276-935-6533. Residents can also contact Buchanan County Mapping Technician Sonny Riggs at 276-935-6597.

Limited county assistance available

Another area where confusion has muddied the waters for residents recovering from flood damage is in the question of whether or not the county can offer recovery or mitigation assistance to homeowners.

In July 2022, debris heavily damaged the bridge outside this Jewell Valley Road home in Buchanan County, Virginia. County assistance may be available to clean up debris from properties in the floodplain. Photo courtesy of Richard Underwood

“If they’ve got debris on their property and it’s within the floodplain, and they cannot afford to get that debris removed, the county has a provision in our newly revised flood damage prevention ordinance that they can request county assistance and we will provide help getting that debris removed off their property,” Moise says. “As long as it’s within the floodplain, we can justify the use of public funds because we’re mitigating against a flood hazard.”

To reduce confusion and streamline current and potential future flood recovery efforts, the county created a new position for a full-time floodplain coordinator

“We’ve received a grant through [Virginia Department of Conservation and Recreation] to do that, that will fund the position for the first three years for salary and benefits,” Moise says, noting that he expects the county will continue to fund the position after that three-year period.

“There’s definitely some red tape and regulations involved with flood recovery,” Kelly says. “The Big Sandy crayfish seems to be a relatively small part of it. The main thing people need to know is that they should contact the county attorney’s office to initiate the process of any needed waterway repairs on their own property. That’s the first step.”

Lawsuit Seeks to Save Critical Habitat

Throughout 2022 and 2023, an Appalachian Voices analysis found that none of the required protective plans were in place for over 300 coal mines that discharge effluents into endangered Big Sandy crayfish and Guyandotte River crayfish habitat across Virginia, West Virginia and Kentucky. In November of 2023, Appalachian Voices and the Center for Biological Diversity filed a lawsuit against the Office of Surface Mining Reclamation and Enforcement and the US Fish and Wildlife Service in an effort to compel these agencies to enforce this provision of the Endangered Species Act.