Is Your Home Safe?

www.WNCSOS.com

Thank you for visiting the Western North Carolina
landslide advisory web site

Here is some information that may be of interest to you as a property owner in a state designated High Risk Landslide Hazard Zone... that's right all of WNC has been declared as such. So the questions you ask are:

"Why wasn't this information revealed to me when I bought my home?" and further,
"What protection do I have if earth movement should affect my home?"

Insurance is designed to protect your home against damage or loss but in landslide prone Western North Carolina there is no insurance available... that's right NO insurance to cover ANY damage caused by earth movement for ANY reason.

Why didn't you know this? Because no one has any legal responsibility to tell you... the state of North Carolina does not require disclosure of these two important bits of information; one, that you are buying in a declared hazard zone and two, that there is no insurance available.

As you know, the law requires that, as a buyer, you must be told of all sorts of likely hazards: termites, asbestos, radon, etc., but not one word about what are arguably the most potentially dangerous possibilities to your safety and financial well-being... earth movement and the absence of insurance.

Real Estate Contracts in Western North Carolina Should be Required to Disclose the Following:

Please be advised that you are buying property in a high risk hazard area and this will affect your ability to obtain insurance. _________ County, location of ________ is in a state designated landslide district. The slope stability information provided by the State mandated landslide mapping program was not available at the time that this residential project was approved and completed. __________ was developed under regulations that did not require site specific stability analysis.

~ Insurance companies are aware of the probability of earth movement and landslides
and they will NOT insure your home for this risk. ~

History of Landslide Legislative Findings and Landslide Advisories for Western North Carolina

1983 Mountain Ridge Protection Act:

Identified the dangers of construction on mountain ridges and slopes 113A-207 The Construction of tall or major buildings and structures on the ridges and higher elevations of North Carolina Mountains in an inappropriate or badly designed manner can cause unusual problems and hazards to the residents of and visitors to the mountains. Supplying water to, and disposing of sewage from buildings at higher elevations with significant numbers of residents may infringe on the ground water rights and endanger the health of those persons living at lower elevations.

1998 North Carolina Department of Emergency Management:

The following counties are classified at high risk for the dangers of landslides. ALLEGHANY, ASHE, AVERY, BUNCOMBE, BURKE, CALDWELL, CHEROKEE, CLAY, GRAHAM, HAYWOOD, HENDERSON, JACKSON, MCDOWELL, MACON, MADISON, MITCHELL, SURRY, SWAIN, TRANSYLVANIA, WATAUGA, AND YANCEY.

2005 North Carolina Hurricane Recovery Act:

The General Assembly finds that Hurricanes Frances and Ivan wrought havoc upon Western North Carolina impacting the region on a scale not experienced before in that area of the State. The President of the United States issued two federal disaster declarations for the Western Region of the State. During Hurricane Ivan, the community of Peeks Creek was devastated by a debris flow triggered by heavy rains. The debris flow traveled at speeds as great as 33 miles per hour for two and a quarter miles from the top of Fishhawk Mountain.

Five persons were killed and 15 homes destroyed by the flow that was estimated to be several hundred feet wide and up to 40 feet high. Other communities that were particularly hard hit by landslides include the Starnes Creek area in Buncombe County, the Little Pine area in Madison County, the White Laurel community in Watauga County, and Bear Rock Estates in Henderson County. Eighty five landslides were reported as a result of the 27+ inches of rain that fell on the region. Many people did not have flood insurance as they did not know that there was a danger of flooding where they lived. Further, people could not know the landslide risks associated with their housing location because such maps are not readily available. The State needs to update current flood mapping and prepare landslide mapping for the region so that homes may be rebuilt in safe areas.

2006 North Carolina Geological Survey / Landslide Advisory for Western North Carolina:

Heavy rainfall from the remnants of tropical storm Cindy may trigger landslides in Western North Carolina. The predicted rainfall amounts are at the threshold value for triggering landslides. Rainfall amounts of 4-5" inches are forecast for the mountains with the potential for as much as 7-8" at higher elevations. Areas susceptible to landslides: steep slopes, usually greater than 30 degrees, embankments or fills, cut or excavated slopes, hillside depressions or hollows near streams and springs, eroded or undercut streams or river banks, areas below steep mountain slopes, areas on hill or mountainsides where runoff accumulates, disturbed or modified slopes on mountainsides, areas where roads cross drainages or streams on mountainsides.

Landslide Litigation / Mountain Air
(Case Numbers 06 CVS 51, 06 CVS 54 and 07 CVS 19) (Click to read lawsuit)

There is pending landslide litigation against Mountain Air Development Corporation. Mountain Air is located in Yancey County and is one of the oldest and most recognized resort communities in Western North Carolina. Two slope-side condominium buildings in the resort have suffered serious structural damage from landslides. The property owners are suing the developer, his contractors, and consultants for negligence and breach of contract for failure to provide proper slope stability analysis and geotechnical engineering for the building sites. Austin View Villas Condominium Association, Inc., v. Mountain Air Development Corporation et al.

Western North Carolina Property Alerts

Jackson County Airport landslides threaten property owners
Jackson County, North Carolina
"Local aiport is once again at center of court battle" The Sylva Herald August 16, 2007

Village of Penland placed under court order to cease operation and refund clients' money...
Spruce Pine, North Carolina
"I Feel Like an Idiot" The Wall Street Journal - July 18, 2007; Page B1
Village of Penland Investors Lawsuit

Phoenix Mountain Property Values Threatened by Fire Risk...
Ashe County, North Carolina
"Phoenix Owners May Get Burned By Alleged Fire Violations" The Mountain Times July 12, 2007

Southside Village sited on border of state hazardous-waste site...
Asheville, North Carolina
"Fail-Safe" MountainXpress July 11-17, 2007
"Looking for answers" November 7-13, 2007

Dam Break at Balsam Mountain Preserve damages downstream property owners...
Jackson County, North Carolina
"Dam Break" Smoky Mountain News June 20, 2007

Important Information for Buyers of Property
in Western North Carolina

Landslides are frequent, dangerous, and uninsurable events in the mountains of Western North Carolina. Landslides occur naturally and they are also being triggered by unsafe building on unstable ground. See PHOTOS of LANDSLIDE DAMAGE in WNC!

In September 2004, fifteen counties in Western North Carolina were declared federal disaster areas after Hurricanes Frances and Ivan passed over these mountains. Rain from these storms activated 140 landslides, caused 5 deaths, and destroyed 27 homes. In December 2003 a Waynesville mountain home was destroyed with loss of life. The cause of the landslide is unknown. Perhaps a broken water pipe. The wrongful death lawsuit was settled out of court. In November 2005, Hunters Crossing families in Waynesville lost their homes because of mountain movement. The cause of the earth movement unknown…broken water pipe, earthquake, or natural earth movement called creep.

February of 2005 began a state authorization for landslide mapping by the North Carolina Geological Survey. Unfortunately, this 4 year research project will not have any regulatory effect.

There is no state supervision or regulation over the dangerous mountain ridge and slope construction other than a weak, rarely enforced erosion control statute.

Safe mountain building standards require that geologic site specific studies be performed on the proposed construction site by a NC licensed geologist and civil engineer. This is not a requirement in North Carolina and as a result is not part of the development plans for mountain resorts. What developers don’t know, they do not have to disclose. Possibly 30-40% of the mountain slopes and ridges would be classified as dangerous building sites. Geologically classified as red zones…high probability of landslides and flooding.

In February 2006, Boone Town Council authorizes funding for a geological hazard map for land within their jurisdiction. Loren Raymond, geologist, advises the council that, even though the hazard map study has not been completed, he would guess that 30 to 40% of the land within Boone would be located in a red zone. Cost of hazard map - $20,000.00.

What do the experts say about landslides?

In 2005, the North Carolina Rate Bureau approved new language to clarify the confusion over natural versus man-made landslides. North Carolina homeowner policies now specify that any earth movement “caused by or resulting from human or animal forces or any act of nature” is not covered.

In April 2006, the United States Supreme court rules unanimously that cities, counties, and other levels of government below that of the states themselves are not protected by the general immunity from suits that states enjoy in federal court. Local municipalities could be liable for not adopting safe building standards. Lawsuits have been filed against local governments for the negligent approval of developments in landslide hazard zones.

In May 2003, mudslides run through areas of the Horseshoe Cove community in Maggie Valley, North Carolina. Homeowners are worried about the stability of their lots and the roads leading to them. The developer of the Horseshoe Cove subdivision advises the homeowners that they are responsible for their lot stability and for maintaining the private roads in their community.

In the last week of June 2006 developers and builders throng to the Buncombe County planning office to avoid new restrictive slope regulations for their mountain subdivisions. Buncombe County’s new rules apply to subdivisions with 11 or more lots, and will control density on slopes greater than 25%. There are no regulations for determining slope stability on construction sites. There is no performance bond requirement to penalize developers for not meeting standards. Due diligence would require 3-5% bond guarantee that builders conform to guidelines.

The state of North Carolina is responsible for the safety and well-being of its citizens. It is time for the Attorney General to require disclosure of the serious personal and financial risks of buying property in WNC.

Before any serious negotiations begin for the purchase of property in any county in Western North Carolina, the North Carolina Board of Realtors should have to advise all interested buyers that the property is located in a high risk natural hazard area and that landslide insurance is not available.

Has your home been damaged by slope failure? We are compiling information about landslide property loss. Please contact Lynne & Rick Vogel, Carolina Concerns at:

info@wncsos.com