WNCSOS

Tuesday, July 7, 2009

Reynolds Mountain Real Estate Assessed for Landslide Hazards

Examples of hazardous-land data available to Town of Woodfin/Buncombe County planners.

Upper chart displays overview of landslide areas on a NCGS Stability Index Map. The next risk reports were generated by the Renaissance Computing Institute—they show parcel count and value for parcels in unstable and upper threshold landslide areas in the Town of Woodfin. Reynolds Mountain Communities is located in the Town of Woodfin.

It is not known whether Kirk Boone, current CEO of Reynolds Mountain Communities, has been apprised of the fact that all Buncombe County real property has been evaluated for landslide hazards.

Hazardous-land ( flooding, wildfire, landslides) risk assessment reports are mandated by the Federal Emergency Management Agency (FEMA) to reduce the probability of future disasters.

The question is, now that Mr. Boone is aware of the Buncombe County hazardous-land real estate report, how can he protect his clients’ from making unwise decisions? The answer is simple: It’s called a Natural Hazard Disclosure Statement. This pre-sale document has accompanied all California hazardous-land real property transactions since 1998.

The following is a modified version of the California disclosure statement and is an example of the type of risk information that should be included in Buncombe County real estate transactions.

Buncombe County Real Estate Hazardous-Land Disclosure Statement

Please be advised that you are buying real estate in a federally designated disaster-prone county.

The Renaissance Computing Institute and the Buncombe County Emergency Operations Center have evaluated hazardous-land data and have determined that extensive real property in Buncombe County is threatened by three expected high-impact geological events: landslides, flooding and wildfires. Every parcel in the county has been assessed for hazard extent and potential market-value loss. Information is available though various planning offices throughout the county.

Buncombe County Landslide-Hazardous Real Estate

The decision to buy landslide-hazardous real estate should be well-considered. Flood and fire insurance is available to property owners. Landslide insurance protection is not obtainable. The inability to insure this special-risk real estate will have an adverse effect on property values. Please seek legal advice concerning landslide liability.

The maps and reports generated by the Buncombe County Multi-Hazard Risk Tool are “best guess” estimations of probable disastrous events. Flood and wildfire risks are known through published maps available to the insurance industry. Costs to insure these properties are predicated on the level of risk.

Landslide maps, likewise, show generalized questionable building locations. Landslide propensity is only determinable by on-the-ground site surveys. These investigations should be conducted by state licensed engineers.

Saturday, July 4, 2009

Landslide Forecast: City of Asheville— Buncombe County Area

Examples of hazardous-land data available to Buncombe County planners.

Upper chart displays overview of landslide areas on a NCGS Stability Index Map. The next risk reports were generated by the Renaissance Computing Institute—they show parcel count and value for parcels in unstable and upper threshold landslide areas in the Town of Woodfin.

“Homes in harm’s way on many WNC slopes”

On March 1, 2009 the Asheville Citizen-Times provided an in-depth look at the issue of Western North Carolina landslides. The newspaper determined that these destructive forces are an urgent regional concern. Reporter Jon Ostendorff noted that the absence of hazardous-land information has exposed thousands of homeowners to extraordinary risks.

Western North Carolina Landslide Hazards Known in 1998

Landslide/flood events in September 2004 resulted in two federal disaster declarations for 15 western counties. Landslide fatalities and property loss prompted additional funding for the already in place (2000) Western North Carolina landslide hazard mapping program. In 1998 the North Carolina Department of Emergency Management issued high hazard landslide advisories for mountain areas in 23 Western North Carolina counties. To date only two counties have been landslide mapped: Macon (2006) and Watauga (2008).

Members of the North Carolina General Assembly have twice declined (2007 and 2009) to require hazardous-land disclosure. Their stated reasons: hazardous-land conditions have not been identified—the issue needs more study.

Renaissance Computing Institute— Buncombe County Multi-Hazard Risk Tool

The Asheville Citizen-Times did not know when Mr. Ostendorff’s article was published that all Buncombe County real estate had been assessed for expected disasters.

In an unpublicized March 2009 meeting emergency personnel along with planning board members from Buncombe County, city of Asheville and nearby communities were advised that software applications designed by the Renaissance Computing Institute can now readily pinpoint potentially dangerous building sites.

Federal Emergency Management Agency

Why has Buncombe County real property been assessed and inventoried for potential disasters ? The answer lies with federal hazard mitigation requirements. The Federal Emergency Management Agency (FEMA) wants to know real property risk-exposure in this identified multi-hazardous county.

Failure to Disclose Buncombe County Hazardous-Land Conditions

It is not known how developers, Realtors and lawyers will respond to the Buncombe County Multi-Hazard Risk Tool but these professionals know that, when identified, material risks must be revealed.

How can the public be dutifully informed of Buncombe County’s real estate risks? The answer is simple: It’s called a Natural Hazard Disclosure Statement. This document has accompanied all California real property hazardous-land transactions since 1998.

The following is a proposed modified version of the California disclosure statement.

Buncombe County Real Estate Hazardous-Land Disclosure Statement

Please be advised that you are buying real estate in a federally designated disaster-prone county.

The Renaissance Computing Institute and the Buncombe County Emergency Operations Center have evaluated hazardous-land data and have determined that extensive real property in Buncombe County is threatened by three expected high-impact geological events: landslides, flooding and wildfires. Every parcel in the county has been assessed for hazard extent and potential market-value loss. Information is available though various planning offices throughout the county.

Buncombe County Landslide-Hazardous Real Estate

The decision to buy landslide-hazardous real estate should be well-considered. Flood and fire insurance is available to property owners. Landslide insurance protection is not obtainable. The inability to insure this special-risk real estate will have an adverse effect on property values. Please seek legal advice concerning landslide liability.

The maps and reports generated by the Buncombe County Multi-Hazard Risk Tool are “best guess” estimations of probable disastrous events. Flood and wildfire risks are known through published maps available to the insurance industry. Costs to insure these properties are predicated on the level of risk.

Landslide maps, likewise, show generalized questionable building locations. Landslide propensity is only determinable by on-the-ground site surveys. These investigations should be conducted by state licensed engineers.

Monday, June 29, 2009

Wild Acres Landslides—Haywood County Landslides

Upper left photo: DOT engineer above the Joneses' landslide at the intersection of Dogwood Road and Wildcat Run in Maggie Valley- December 12, 2003—The Enterprise Mountaineer.

Upper right photo: Joneses' rescue scene-Locust Drive-December 11, 2003 —NCGS

Next photo: Bruce & Lorraine Donins' home on 93 Wildcat Run prior to landslide.

Last photo: what used to be the Donins' home- January 2009—Asheville Citizen-Times

Appearances are Deceiving

If you drove through the Wild Acres subdivision today, you would never suspect that landslides have taken a life and destroyed homes. All evidence of the Joneses and Donins’ tragedies have disappeared. Yet the cause of these extreme losses is still there and is likely to result in further destruction.

If you were looking to buy property in this community, no one is obligated to tell you, not your real estate agent or attorney that this residential development was built on landslide-hazardous ground.

For your information, Haywood County officials were notified in 1998 that all mountain building sites in their jurisdiction were questionable and potentially dangerous.

Real Estate Multi-Hazard Risk Tool

Are landslide sites easily determinable? The answer is yes. Computer applications are now available through the Renaissance Computing Institute (RENCI) that can identify by address all hazardous real property locations.

The Institute states that the Multi-Hazard Risk Tool was designed to provide an easy to use system that will generate maps and reports showing hazard extent and total market vulnerability for disaster-prone areas.

In the future all 23 at-risk Western North Carolina counties will be assessed for expected high-impact disasters. This extensive hazardous-land compilation was not initiated by the state or county governments. The Federal Emergency Management Agency is requiring these maps and reports.

What data is the Institute using to determine landslide probability? Disaster predictions are based on a number of risk factors: landslide hazard maps, soil surveys and prior hazardous-land events.

There is no indication that the Haywood County Multi-Hazard Risk Tool is operative. Interested parties should inquire.

Buncombe County planners have had access to real estate hazard identification data since April 2009 but the county is not publicizing this information nor are they allowing unauthorized entry.

Financial Concerns

The decision to buy landslide-prone real estate should be well-considered. There are three significant financial issues: unavailability of landslide insurance, landslide liability and property devaluation.

Determining Safe Home Sites

Since hazardous-land maps are not readily available, the public is forced to rely on news reports and the expertise of professional engineers.

Following the December 2003 landslide fatality, the media provided a look at other hazardous residential areas in Haywood County. Here is a reprint of one of those articles.

The Enterprise Mountaineer— "Landslides rise with development"—Darren Miller

December 12, 2003

Landslides, debris flows, mudslides, mudflows, and debris avalanches are all synonymous terms used to describe what has become an all too (common) geological occurrence in Haywood County.

After searching throughout the better part of Thursday for a woman trapped in her Maggie Valley home demolished by a landslide, Maggie Valley Fire Chief Tim Carver acknowledged the increased frequency of landslides in the area, pointing out that this was the first time one resulted in the loss of a home and the loss of a life.

As more mountainside property is carved out to build homes, the risk of landslides increases exponentially.

In the span of eight months, three major landslides have caused significant property damage, and now a death in Haywood County.

After several days of rain in May, Sidney and Delores Hitt of the Big Branch section of Crabtree were forced to leave their home when the driveway collapsed, exposing septic tiles. The Hitts, who are retired and live on a fixed income, faced upwards of $50,000 in repairs.

And only three weeks ago, Bob and Jan Roberts awoke to a landslide on their three-tiered, steeply sloped front yard. As dry underground springs filled to capacity and burst after a year of heavy rainfall, the 100-foot-wide and 50-foot-long section loosened, eventually giving way and resulting in the landslide. The Roberts now face paying at least $20,000 to correctly repair the property.

Marc Pruett, an erosion control specialist for Haywood County, said rushing to close a real estate deal often results in critical and potentially dangerous oversights.

Pruett said people building or buying homes on steep terrain should take full advantage of available resources, such as testing soil samples for compactibility and bonding strength, researching publications like “Mountain Home Guide” and seeking advice from the Haywood Soil and Water Conservation District.

As Noel Menger looked down at her neighbor’s devastation with horror Thursday, she recalled some of the scary incidents she has faced in her two years at her Maggie Valley home.

“We put a 60-foot-high wall with three tiers behind the house,” she said, “but on the side of the house there is a steep hill and rocks seem to filter down every day.”

Menger said big boulders avalanched down the slope, barricading the door, after she had lived in the house for only a month.

Steve Williams, a Maggie Valley native, said something needs to be done about the landslide problem and hopes it won’t take another situation like the one his longtime friends, Edward and Patricia Jones experienced Thursday morning.

“When I heard there was a landslide in Maggie Valley, I almost assumed it might be my house," said Williams, a resident of the Horseshoe Cove community where landslides have become increasingly more common.

“You have to have some sort of rules,” he said, adding that higher engineering standards should be enforced as more and more developments are built. “What goes on above you affects the people below when you build on a mountain.”

According to the U. S. Geological Survey, landslides occur in every state and U. S. territory, with the Appalachian Mountains, the Rocky Mountains and the Pacific Coast ranges suffering from severe landslide problems.

While realizing that the physical cause of landslides cannot be removed, the USGS suggests that geological investigations, good engineering practices and effective enforcement of land-use management regulations can reduce landslide hazards.

Sunday, June 28, 2009

Buyers Should Beware Haywood County Mountain Real Estate

Photograph of landslide property damage in Haywood County—The Enterprise Mountaineer—May 21, 2003

The Asheville Citizen-Times March 1, 2009, "Homes in harm's way on many WNC slopes," hazardous-land series was prompted by a life-threatening landslide tragedy in Haywood County. The Donin landslide, January 7, 2009, was triggered by rain on highly-unstable soils, the most common cause of slope failures. Were Haywood County officials aware of the potential for disaster? The answer is yes.

Here is a copy of an archived news report describing the devastation caused by the spring rains of May 2003.

The Enterprise Mountaineer
May 21, 2003

“Little protection in case of mud slides” by Charles White

With news reports of a house that had to be evacuated after heavy rains damaged the driveway, people are left to wonder how the houses were allowed to be built on steep slopes in the first place.

This has been a growing concern for many Haywood County residents since the heavy rains in early May.

The prospect of having the ground literally crumble beneath their feet has raised several people’s eyebrows and suggested a number of deeper questions about county land management and homeowner responsibility.

Marc Pruett with the Haywood County Department of Erosion and Sedimentation regrets that as the current county policy is set up, it is often a case of buyer beware when it comes to purchasing mountain property for a building site.

Pruett said that some surrounding communities employ slope ordinances and storm water run-off standards to good effect, but without zoning in Haywood County, these types of safeguards cannot be enforced.

“Unfortunately at this point in time, we are reactive instead of proactive in our approach to this problem,” Pruett said.

Finding out first hand

The driveway collapse at a house on Paradise Circle in the Crabtree community is an example of building on the side of a mountain. After days of heavy rain, Sidney and Delores Hitt had to leave their home until repairs can be made.

The Hitts learned a tough lesson when they found out their insurance company would not pay for damage as a result of the rain and subsequent driveway collapse. Insurance companies maintain a policy of not issuing any protection for homeowners against mud slides.

The bad news did not end there. The Hitts then found themselves facing another problem as neighbors who lived above them on the private road could not safely drive to their homes unless repairs were made to the road where it met the Hitts’ driveway. Now possible litigation may follow as the group of homeowners are considering action against the county, the Hitts’ insurance company or the Hitts.

Another similar landslide controversy took place in the Horseshoe Cove community in Maggie Valley when mud slides blocked and damaged privately maintained roads.

Pam Williams, who lives in the Horseshoe Cove community said she is upset with the placement of the draining system, which uses culverts. She said that as a result of the poor drainage, a small river slices through her backyard every time it rains.

Now, with roads damaged and unsafe for car travel, Williams wants to know who is responsible to pay for the damages. She has consulted an attorney to look over the closing contract on her home to determine who is culpable.

Williams said she thinks the developer, Don Condren, could be responsible.

Condren agreed the road needed repairs, but disagreed with who would have to pay for those repairs.

“It is up to the individual homeowners to make those repairs, “ Condren said.

Condren said that he paid for the development of the community eight years ago, and that he no longer owns any of the property.

Condren said if the Horseshoe Community had a homeowners’ association, it would be easier for the residents to make repairs.

But Williams said she does not think each homeowner should pick up the tab for damages she thinks were caused by poor planning. She organized a meeting with fellow homeowners and will have a lawyer available to answer questions about the Creekside controversy at the Maggie Valley Town Hall May 31.

Condren has dealt with homeowners’ grievances with stormwater drainage in the past. In the early 1990s, Condren settled out of court with a homeowners’ association when another of his developments further down a mountain flooded, and homeowners complained that the drainage system Condren built was inadequate.

Potential growth thwart

One question raised about land stability is to what extent is the county responsible for notifying homeowners of the soundness of a particular building site.

Kris Boyd, the director of planning with the Haywood County Planning Department, said the answer is not so simple and relies heavily on dollars and cents.

Boyd said the county was responsible for issuing a building permit and a septic permit, but they were not in the business of hiring an environmental engineer, issuing slope-density requirements or performing core-drillings.

However, Boyd did say the county could protect a homeowner’s property if ordinances were passed.

“Water is a powerful thing, and it will find a natural path,” Boyd said.

The problem with taking land-planning measures is that they would require zoning and a land-use ordinance to be passed by county commissioners.

“That sort of thing is very expensive and any official land-planning ordinances might prohibit development, Boyd said.

There has been some discussion of a possible land-use study, but no proposal for a comprehensive zoning plan, which would include the inspections of environmental engineers or slope-density measurements, Boyd said.

Boyd said that he felt the county’s role in terms of new housing should be minimal.

“The home buyer has to take some kind of personal responsibility,” Boyd said.

Many homeowners feel like they are being left in the dark when it comes to the security and stability of their lots.

“The ordinary homeowner doesn’t understand what needs to be done ( to ensure the lot is stable),” Williams said.

For Williams, the lack of information has led to growing frustration, and with legal action looming on the horizon, she wants better answers.

______________________________________

Postscript

Other Haywood County Hazardous-Land Events

In December 2003 a broken water main led to a landslide that killed Trish Jones, a Maggie Valley resident. Hunters Crossing property owners were forced to abandon their homes in November 2005 because of a large slow-moving landslide. The January 2009 Moody landslide was set off by rain.

The Asheville Citizen-Times reported that Haywood County inspectors found 28 cases of potential slope failure in 2008. Seven of these posed a risk to lives and property.

Haywood County Hazardous-Land Disclosure Statement

Haywood County’s public policy, then and now, remains “buyer beware.” Purchasers receive no fair warning for the need for professional engineering surveys via a pre-sale Hazardous-Land Disclosure Statement.

Don Condren

Mr. Condren is currently doing business in Jackson County. His newest subdivision, Rolling Hills Estates, is located in Webster. According to September 11, 2008 Planning Board Minutes, Rolling Hills Estates will not be subject to geo-technical engineering requirements under the county’s Mountain & Hillside Development Ordinance since the average slope of Mr. Condren's development is 21%. The Planning Board did not inquire about Mr. Condren’s qualifications as a builder or whether he had been sued by property owners' associations.

Horseshoe Cove Landslide Repairs

The expense to repair the extensively damaged private roads in Horseshoe Cove was borne by community property owners. Mary Euler, from the law firm McGuire, Woods, & Bissette, advised her clients in the fall of 2003 to form a property owners' association and to charge members assessments to cover the over $300,000 costs of road and drainage repairs. Ms. Euler explained to the group that if they took legal action against Don Condren (Doncon, Inc.) he would probably declare bankruptcy, and it would cost $50,000 just to begin litigation and would take years.

McGill Associates Engineering Report for the Horseshoe Cove Community

On November 6, 2003 Ms. Euler was furnished with an engineering evaluation for the Horseshoe Cove subdivision. In addition to the $300,000 cost estimates for road repairs re Creekside, Saddle, Range, Stirrup and Bridle, a Bunnell-Lammons engineer found (10) specific areas of slope failure adjoining the 5 roads. These locations are marked by moderate to severe slope instability, such as tension cracks, slides, curved trees and apparent long-term slope failure. The engineers suspect that colluvial soils are contributing to slope instability. Their construction cost estimates to repair slope failures in these 10 areas:

Creekside Drive-$740,000-$1, 480,000
Saddle Drive- $129,375-$258,750
Range Drive-0
Stirrup-$1,061,875-$1,616,250
Bridle Drive-$937,500-$1,875,000

Monday, June 22, 2009

Lawyers Fail to Disclose Western North Carolina Hazardous-Land Conditions

Asheville Citizen-Times photos of January 2009 Maggie Valley landslides. The Moody home and what used to be the Donin home.

Western North Carolina Landslide-Hazardous Real Estate

Real estate lawyers are obliged to check for property liens. Sales contacts must include a checklist of possible structural/safety defects such as termites, lead paint, asbestos and radon. Stucco-clad (EIFS) homes come with pre-sale warnings. Those looking to buy are advised to have professional home inspections.

All these consumer protections and warnings are part of the real estate sales process but yet there is not one word of precaution from the legal profession regarding hazardous-land conditions.

Real Estate Lawyers

Lawyers are privy to the fact that Western North Carolina mountain real estate is landslide-hazardous. Those involved in the sale of this marginal land may have missed the 1998 Department of Emergency Management high-risk landslide report but they knew from well-publicized statements in 2005 and 2006 that these reoccurring events posed significant threats to lives and property. Members of the North Carolina General Assembly stated in their February 2005 Hurricane Recovery Act that:

Further...people could not know the landslide risks associated with their housing location because such (hazard) maps are not readily available. The state needs to...prepare landslide mapping for the region so that homes may be built in safe areas.

Governor Easley stressed the importance of real estate hazard-identification maps and landslide disclosure in his October 2006 press release:

These (Macon County) maps will show which areas are prone to landslides and that will help developers, county officials and residents decide where to safely build homes, roads and other structures.

Renaissance Computing Institute (RENCI) Real Estate Multi-Hazard Risk Tool

Unbeknownst to the public, the Federal Emergency Management Agency ( FEMA) is requiring at-risk counties to provide address-specific inventories of expected high-impact disasters such as landslides, wildfires, and flooding. The Renaissance Computing Institute’s multi-hazard risk tool, which was designed for county planners and emergency personnel, allows privileged users to generate risk/loss assessments for all real property.

Buncombe County Hazardous Real Estate

The Buncombe County Multi-Hazard Risk Tool was operative in March 2009. Now a lawyer seeking hazardous-land information about a Reynolds Mountain home or perhaps a lot in The Cliffs at High Carolina is able to determine for his client whether the parcel is located in a disaster-prone area.

Lawyers know and should explain that the decision to buy landslide-susceptible real estate can be financially devastating. Owners of other potentially hazardous real estate, be it flood or wildfire, have access to insurance. Landslide insurance is not obtainable so it is critical for lawyers to recommend on-site professional hazard surveys as a condition in the offer to purchase. Prospective buyers should also be warned about landslide liability.

"Homes in harm's way on many WNC slopes"

The Asheville Citizen-Times reported on March 1, 2009 that thousands of property owners in Buncombe County and throughout Western North Carolina are at elevated landslide risk.

Who is responsible for this reckless endangerment? There is a long list of culpable parties: state legislators, county planning boards, Realtors, chambers of commerce and real estate lawyers.

Question to the North Carolina Bar Association: Is there any defensible reason for real estate lawyers to hide hazardous-land conditions?

Planning for Disasters: Buncombe County/City of Asheville Real Estate Landslide Hazards Revealed

This generalized stability index map is one of a series of North Carolina Geological Survey (August 2007) Buncombe County landslide hazard maps. Computer-enhanced maps now identify specific disaster-prone home sites.

Public not Invited

In an unpublicized March 2009 meeting emergency personnel along with planning board members from Buncombe County, city of Asheville and nearby communities were advised that software applications can now easily pinpoint potentially dangerous real estate locations.

The Buncombe County Multi-Hazard Risk Tool, designed by Todd Pierce in collaboration with the Renaissance Computing Institute (RENCI) and the Buncombe County Emergency Operations Center, allows privileged users to select from a menu of expected high-impact county disasters, such as landslides, wildfires and flooding and to generate risk/loss evaluations for specific addresses. The Institute advises that these predictive analytics are not a substitute for on-site professional hazard surveys.

Pierce said that the system is an experimental prototype and the risk reports it generates should be considered drafts, rather than final products, until all county planners have accepted the underlying risk models.

History of Buncombe County Hazardous-Land Development

The Institute's computer-generated real estate risk assessments are not surprising. In 1998 the North Carolina Department of Emergency Management notified officials that mountain land available for residential development in Buncombe County was extremely hazardous.

Since 1998 Buncombe County Commissioners along with their appointed planning board members have ignored risk determinates and have facilitated hazardous-land development. On March 1, 2009 the Asheville Citizen-Times reported that many homes are in the path of landslides in Buncombe County and throughout Western North Carolina.

The media and the public should be asking a long-overdue question. Considering their past actions, are Buncombe County planners competent to make decisions that will affect the health and financial security of property owners?

Interested parties should be advised that this hazardous-land compilation was not initiated by concerns on the part of Buncombe County or the state. These detailed county-wide real estate risk surveys are required by the Federal Department of Emergency Management.

Don’t Ask

Public access to the Buncombe County multi-hazard real estate website is prohibited so it is unknown whether this material risk information will ever be shared with property owners or real estate attorneys and their clients.

What is known is that the North Carolina Association of Realtors has successfully stopped all legislative efforts to require disclosure of Western North Carolina's hazardous-land conditions.