Kathleen McFadden, Managing Editor
High Country News
P. O. Box 152
Boone, North Carolina 28607

September 30, 2006

Dear Ms. McFadden:

If it is true, that your newspaper is non-partisan on the issue of slope regulations for the Town of Boone, then you will share the following facts with your readers.

In 1983, the North Carolina General Assembly clearly identified the dangers of mountain ridge and slope construction with the passage of the Mountain Ridge Protection Act. 113A-207 Legislative findings, "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 the 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."

Watauga County has been identified by the North Carolina Division of Emergency Management to be at high risk for the natural hazards of landslides, flooding, and severe winter weather. In September 2004, Watauga County was declared a federal disaster area after rains from Hurricane Frances caused severe damage. The White Laurel subdivision located near Boone suffered slope failure, causing the destruction of one home and the condemnation of eight others.

In 2005 the state authorized landslide mapping by the North Carolina Geological Survey. Unfortunately this 4 year research project will not affect local slope regulations. The North Carolina Geological Survey has written extensively about the dangers of unsafe building on unstable slopes.

Perhaps the saddest aspect of the safe slope ordinance debate is that insurance is not available to families living in landslide hazard zones. In 2005 the North Carolina Rate Bureau approved new insurance policy language that clarified 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.

The evidence is clear and irrefutable. There are grave personal and financial risks to families living in a natural hazard zone and there are future risks for families wishing to buy property in a natural landslide hazard area. The landslide geologic map prepared by Trigon Engineering is additional proof that much of the land in Boone's jurisdiction is not suitable or safe for development under existing slope ordinances.

Jeff Templeton and The Committee for Responsible Environmental Regulations have been successful in their public campaign to undermine the safety regulations proposed by the Steep Slope Development and Multi-Family Taskforce. The committee advised the citizens of Boone that if the task force proposals were approved that the new regulations would lower property values and would increase building costs. While this information is true, responsible governance would require that regulations and ordinances serve to ensure the public health and well being and not the desires of property owners and developers who wish to construct buildings and homes on potentially unstable slopes.

When mountain slopes fracture and fall, desperate and uninsured homeowners will ask the courts for relief and will name any party that could be possibly liable. Landslide litigation has become more complicated as the list of defendents has grown to include public agencies, builders, engineers, sellers, realtors, neighbors, and insurance companies.

In conclusion, I have a question for Mr. Templeton et al. What advice will they offer the the town council on the ethical and legal issues of permitting construction on suspect land?

For your information I am enclosing copies of documents, letters and newspaper reports.

Thank you.

Sincerely,

Lynne Vogel

Cc: Loretta Clawson, Mayor of Boone
    Frank Ruggiero, Watauga Democrat