The Cliffs at High Carolina Tiger Woods Golf Course and Landslides

—The Buncombe County Soil Hazards Map has not been released—



Location of the Cliffs at High Carolina
Subdivision on Buncombe County
Hazardous-Land Map— NCGS.



Slope Movements and Slope
Movement Deposits Map—NCGS


Stability Index Map—NCGS


Map of Known and Potential Debris g
Flow Pathways—NCGS

No one has asked Jim Anthony, developer of The Cliffs at High Carolina, or Tiger Woods his partner whether they have considered the consequences of building a golf course on landslide-hazardous ground.

Mr. Anthony cannot avoid the fact that his subdivision has geologic conditions which predispose the development site to landslide events. In addition to the North Carolina Geological Survey Buncombe County landslide hazard maps, the US Army Corps of Engineers issued a Public Notice on July 3, 2008 identifying the predominant soils found throughout The Cliffs at High Carolina subdivision. Western North Carolina Soil Surveys state that these soil compositions are highly erodible and are not suitable for residential development.

So the question is, does Mr. Anthony know what impact the golf course and its irrigation system might have on the mountain’s defined unstable base?

Mr. Anthony may not know the answer but geologists do.

Golf course construction alters the landscape. These expansively remodeled sites are cleared of native vegetation and are replaced with turf grass which requires irrigation. When golf courses are built in stable environments their location and maintenance requirements are not an issue, but when they are placed in geologically hazardous locations they are a matter of concern as demonstrated in the following histories.

Landslides Linked to Golf Course Construction and Irrigation





View of Ocean Trails
Golf Course Landslide—
Ninyo & Moore


Ocean Trails Golf Course Landslide—Rancho Palos Verdes, CA— 1999 (Trump National Golf Club)

Ninyo & Moore, a geotechnical and environment sciences firm, was hired to provide a forensic evaluation for the Ocean Trails Golf Course Landslide. A summary of its findings:

On June 2, 1999, an approximately 16-acre ancient landslide on the coastal bluff was reactivated, sliding approximately 50 feet toward the ocean. The ancient landslide destroyed much of the 18th fairway and green along with adjacent improvements, including an active County sewer line. The geologic setting included gently to moderately tilted beds of the Monterey Formation. The Monterey Formation at this locality included interbedded sequences of fine silty sandstone, siltstones, shales, dolomitic shales, siliceous zones, and bentonitic ash beds. The basal rupture surface was formed along a relatively continuous bentonite layer at a depth of approximately 90 feet. The geologic evaluation included detailed geologic mapping, 26 large-diameter borings, two rotary wash continuous core borings, 12 inclinometers, and the excavation and evaluation of buried sewer lines and artificial lakes. The analysis included preparation of multiple geologic cross sections, slope stability analysis, and evaluation of potential reactivation causes including seismic activity, precipitation, wave erosion, irrigation, construction activities, lake leakage, and sewer line leakage.

Donald Trump purchased the bankrupt Ocean Trails Golf Course in 2002 and he has spent $55 million to restore and stabilize the property.

In addition to the presently contained landslide located underneath the Trump National Golf Club Course, three others are located on the peninsula according to the Rancho Palos Verdes Chamber of Commerce. The largest, the Portuguese Bend landslide, was reactivated in 1956 and moves about a foot a year, depending on rainfall. This underground landslide tract covers 260 acres and has an average depth of 135 feet. Geologists attribute the onset of movement to irrigation, installation of pools and septic tanks that increased ground water levels.

South Golf Course Landslide—Colorado Springs, C0— 1993

Engineers investigating the site determined that irrigation was the cause of the reactivation of the ancient landslide underneath the South Golf Course. Their findings:

The construction of the golf course modified the site hydrology by adding irrigation water inflows and by changing the vegetation from native grass and scrub oak to turf grass over 55 percent of the total area. An analysis of the irrigation and precipitation rates and the turf grass water consumption rates showed a relatively high infiltration rate in the turf grass areas compared to the unirrigated native areas.

Proposals for Slowing the Landslide:

(1) ground water dewatering systems, (2) surface water control systems, (3) collection of flow from horizontal drains, and (4) control of irrigation.

Reference: “CASE HISTORY OF A REACTIVATION OF A LANDSLIDE DUE T0 IRRIGATION ON UNSATURATED SOIL” — Kuo-Chieh Chao 1, Daniel D. Overton 1 & John D. Nelson 1,2
1) Tetra Tech, Inc., USA
2) Colorado State University, USA

Arcadia Bluffs Golf Club Landslide—Manistee, Michigan— 1998

Massive landslides damaged this golf course during a September storm event. Improperly designed drainage inlets were the cause.

Reference: “Arcadia Bluffs sage continues”— Andrew Overbeck Golf Course News—November 2001.

Western North Carolina Landslides—Waiting in the Wings

Western North Carolina's steep slope topography and unstable soil composition are similar to that of the state of Washington. Landslides come with the terrain.

Washington State Road 410—Naches Landslide— October 2009

On October 11, 2009 a massive landslide buried a quarter-mile section of Washington State Road 410. Geologists are calling the Naches slope failure a deep rotational landslide: the immediate cause— mining or long-ago rain— is yet to be determined. Photos of the Naches landslide are compliments of The Seattle Times and the Washington State Department of Transportation.











Western North Carolina/I-40 Pigeon River Gorge Rock Slide— July 1997—NCGS



Blue Ridge Parkway Rock Slide— 2006—NCGS



Western North Carolina Real Estate—Landslide Advisory

All Western North Carolina mountain real estate is classified
landslide-hazardous. This designation includes privately-owned roads in subdivisions and planned communities. For an example of the costs related to repair and stabilization of damaged roads please see Horseshoe Cove Landslide Report.

The photographs below offer a small sampling of the harm caused by Western North Carolina landslides.



Airport Landslides -Jackson County, NC
1977-2005 —NCGS



White Laurel Subdivision
Landslide -Watauga County, NC
2004—NCGS



Jones Ridge Debris Flow
Burke County, NC 2004—NCGS



Jones's Landslide Fatality
Haywood County 2003—NCGS



Peeks Creek Landslide
5 Fatalities/15 homes destroyed
Macon County, NC 2004— NCGS



Moody Landslide
Haywood County, NC 2009
Asheville Citizen-Times



Starnes Cove Landslide
Buncombe County, NC 2004 —NCGS

Federal Emergency Management Agency—Western North Carolina Hazardous-Land Maps

The Federal Emergency Management Agency has long established that homeowners in all mountain counties, whatever the state, have been carelessly exposed to landslide hazards. In North Carolina the risks are exacerbated by the absence of regulation and hazardous-land real estate disclosure.

In an effort to spotlight planning board practices, FEMA is requiring
disaster-prone counties to identify by address all geologically-hazardous public and private property. Highly-detailed real estate hazard maps were completed for Buncombe County in April 2009 but this information has not been released to the public.

The parties involved in Western North Carolina mountain development and sales influence legislative actions, so critical land conditions have not been disclosed. Real estate documents such as sales contracts and Subdivision Street Disclosure Statements are compromised by the concealment of hazardous-land conditions and the financial risks involved.

Prompted by a near-fatal landslide event the Asheville Citizen-Times initiated its "Dangerous Ground" public-awareness campaign on March 1, 2009. By happenstance, this investigative report was followed by The New York Times article, "Increased frequency of landslides remains largely ignored despite risks."

Since there are no federal regulations governing hazardous-land development the public should consider these pertinent facts concerning ownership of landslide-affected real estate: insurance protection is not obtainable and homeowners associations must bear the costs of maintaining highly unstable roads.

The Cliffs at High Carolina— Road Schedule October 21, 2008

The Cliffs at High Carolina, LLC sales practices are governed by federal law under the Interstate Land Sales Full Disclosure Act (ILSFDA). All purchasers of land in ILSDFA-defined subdivisions must receive a highly formatted full disclosure document titled The Property Report. The following two pages were copied from The Cliffs at High Carolina Property Report. This is the ROADS section of the Report.

The Cliffs at High Carolina: Developer Liability Under Federal Law

The Cliffs at High Carolina, LLC sales practices are governed by federal law under the Interstate Land Sales Full Disclosure Act (“ILSFDA”). All purchasers of land in ILSFDA-defined subdivisions must receive a highly formatted full disclosure document titled The Property Report. The Cliffs at High Carolina Property Report was registered with the U. S. Department of Housing and Urban Development on October 21, 2008.

On July 3, 2008 the US Army Corps of Engineers issued a Public Notice (ID#: 200701619) regarding The Cliffs at High Carolina’s request for a permit. In the report the Corps identified 22 different soil types on the steep slope High Carolina development site. Dominant soil types are Porters-Unaka complex (841), Toecane-Tusquitee complex (181) and the Edneyville-Chestnut complex (803). These soils are classified “poorly suitable” as a construction support for roads and streets.

The Cliffs at High Carolina Property Report

Land sales for the Cliffs at High Carolina’s 3,200 acre/1,200 home site subdivision commenced on November 8, 2008. As required, the developer of The Cliffs at High Carolina, Jim Anthony provided his clients with disclosure documents. Of particular interest are the HAZARDS and ROADS sections of The Cliffs at High Carolina Property Report.

—HAZARDS— The lots [99] covered by this Property Report are located in Buncombe County, which is included in an area geologists refer to as the Blue Ridge Geologic Province of North Carolina. As with all developments located in this Province, the terrain contains some moderate to steep slopes and may contain localized areas subject to the natural hazard of landslides.

Furthermore, the developer engaged S&ME, one of the southeast’s most respected engineering firms, to evaluate each of the lots in this Property Report for the possible presence of colluvial materials and found that the identified building area for each lot is suitable for a homesite. In its written evaluation to the developer dated August 15, 2008, S&ME reported that it had inspected each lot in this Property Report and observed that in some lots there existed some potentially unstable areas in steep portions thereof or at their outer boundaries, but well outside of the identified building area. Some lots were identified as having shallow draws or swales, well outside a building area, that could potentially have a presence of some colluvium.

Clarification: Buncombe County is a federally designated multi-hazard county. All real property has been evaluated by address for landslide, wild fire, and flood hazards. Buncombe County real estate hazard maps are available in the Buncombe County planning department.

— ROADS— The roads within the subdivision are currently being cleared and graded to permit access by conventional automobile. After completion, the interior roads will be conveyed to and owned by the property owners’ association. We are responsible for the maintenance of the interior roads until they are conveyed.

Clarification: Roads are conveyed at the time property owners sign the Subdivision Street Disclosure Statement. For additional information about this matter, please see the North Carolina Real Estate Commission’s question and answer Web site.

Developer Liability

It is not known why soil assessments and site recommendations for High Carolina roads were omitted in the Property Report. But this issue is moot under the Interstate Land Sales Full Disclosure Act:

A plaintiff need not prove reliance or the defendant's fraudulent intent in order to recover under ILSFDA.137 Instead, the purchaser must only establish a material omission or misrepresentation, however innocent or unintentional, by the developer.138

Reference: “Litigation Involving the Developer, Homeowners’ Associations, and Lenders”—E Richard Kennedy—April 2004

The Cliffs at High Carolina— S&ME Engineering Report

The Cliffs at High Carolina, LLC sales practices are governed by federal law under the Interstate Land Sales Full Disclosure Act (“ILSFDA”). All purchasers of land in ILSFDA-defined subdivisions must receive a highly formatted full disclosure document titled The Property Report. The following two pages were copied from The Cliffs at High Carolina Property Report. This is the HAZARDS section of the Report.

The Cliffs at High Carolina Roads Threatened by Hazardous Soils

The US Army Corps of Engineers advised in a July 3, 2008 Public Notice that there are 22 different soil types on The Cliffs at High Carolina steep slope development site. Dominant soil types are Porters-Unaka complex (841), Toecane-Tusquitee complex (181) and the Edneyville-Chestnut complex (803).

Soil survey findings:

Porters-Unaka complex— 8-15% Slopes
Local roads and streets: Poorly suited
Porters-Unaka complex—15-30% Slopes
Local roads and streets: Poorly suited
Porters-Unaka complex— 30-50% Slopes
Local roads and streets: Poorly suited
Porters-Unaka complex—50-95% Slopes
Local roads and streets: Unsuited

Toecane-Tusquitee complex— 8-15% Slopes
Local roads and streets: Poorly suited
Toecane-Tusquitee complex&mdash 15-30% Slopes
Local roads and streets: Poorly suited
Toecane-Tusquitee complex— 30-50% Slopes
Local roads and streets: Poorly suited

Edneyville-Chestnut complex— 15-30% Slopes
Local roads and streets: Poorly suited
Edneyville-Chestnut complex— 30-50% Slopes
Local roads and streets: Poorly suited
Edneyville-Chestnut complex— 50-95% Slopes
Local roads and streets: Unsuited

Even with the expert engineering promised by The Cliffs Communities, Inc., roads built on these soils are subject to failure. These undisclosed soil assessments should be a concern to the members of The Cliffs at High Carolina Homeowners' Association, Inc. as they will be assuming responsibility for all High Carolina private roads.

For an example of property owners' costs to repair and remediate landslide damaged private roads please see the Horseshoe Cove Landslide Report.

Queens Gap Roads Threatened by Hazardous-Land Conditions

Queens Gap Subdivision—Rutherford County, North Carolina

Much of the Queens Gap subdivision development site is steep slope and as such should be classified a hazardous-land subdivision. Although not acknowledged by the Rutherford County planning board, the accepted definition for steep slope is land above a 15% grade.

The US Army Corp of Engineers has identified twenty eight different soil types on the Queens Gap construction site. The three major soils groupings are Evard-Cowee complex, Hayesville-Evard complex and the Ashe-Cleveland-Rock outcrop complex. As recorded in the 1997 Rutherford County Soil Survey: These soils on or above a 15% slope factor are “not suitable” or “poorly suited” for development—”Some are too unstable to be used as a foundation for buildings or roads.”

Both the county and the developer are aware of these geologic impediments and they know that Queens Gap roads will likely be damaged by slope failures.

Even roads built with the best engineering techniques are subject to stress and collapse. This point can best be illustrated by the recurring slope failures on the Blue Ridge Parkway.

Blue Ridge Parkway Landslides 2003-2009


— Boulders on the Blue Ridge Parkway from the April 24, 2003, rockslide near Potato Field Gap, northeast of Asheville. The 165-ton boulder is being broken down to fit into a dump truck—North Carolina Geological Survey


—Sections of the Blue Ridge Parkway are closed after rains from Hurricane Frances in September 2004 caused the roadway to give away in four places between Mount Mitchell and Linville Falls. The area in this image is near Milepost 348. Costs to repair road damage is estimated to be $11 million.—North Carolina Geological Survey


—This slide occurred along the Blue Ridge Parkway in 2006 totaling a passing vehicle and injuring the passengers—North Carolina Geological Survey

Photos are not available for the spring 2009 BRP landslide near Boone milepost 270. The landslide-road remediation is expected to be completed in December 2009.

Queen Gap Roads

Plans to develop the Queens Gap subdivision were approved in 2006. Roads in this 3,350-acre subdivision have been and remain an issue. The current owner, Keith Vinson, is under a new county deadline to have Phase 1 roads finished by June 2010. If Mr. Vinson and his financial backers miss the due date the county will call the bonds insuring compliance and finish the work.

Transfer of Hazardous-Land Subdivision to Property Owners

Each time a Queens Gap lot is sold, Mr. Vinson requires his client to sign a Subdivision Street Disclosure Statement. This conveyance document transfers ownership of roads and common areas from the developer to property owners in the incorporated homeowners’ association. The Subdivision Street Disclosure Statement shown below is the required conveyance document for all North Carolina private road subdivisions and planned communities.

Sample Subdivision Street Disclosure Statement

Pursuant to N. C. G. S. Section 136-102.6 _______, as the Declarant of _______,
issues this statement indicating that all of the roads within_______ are private. It is the obligation of _______ Homeowners' Association, Inc. (hereafter "Association") to maintain and keep in good repairs all of the private roads in _______Subdivision. It is mandatory for all property owners in _______ to be a member of the Association and the property owners, with the exception of the Declarant, have an obligation to pay assessments to maintain the private roads. The Declarant specifically states that the streets have not been constructed in such a manner to allow inclusion on the State highway system for maintenance.

The Subdivision Street Disclosure Statement may be an acceptable conveyance document for private roads built on non-hazardous soils but its applicability for steep slope subdivisions is disputable.

Those reviewing the standardized form should notice that there is no disclosure of the financial commitment required on the part of property owners for the maintenance of roads built on landslide-hazardous soils. For an example of the costs of repairing and stabilizing roads built on colluvial soils please see Horseshoe Cove Landslide Report.

The question of whether the Subdivision Street Disclosure Statement is a valid conveyance document for private street hazardous-land subdivisions has not been adjudicated. Queens Gap property owners who have concerns about this issue should query the North Carolina Real Estate Commission and seek legal advice.

Buncombe County Real Estate — Hazardous-Land Subdivisions

October 4, 2009

David Gantt, Chairman
Board of Commissioners
205 College Street Suite 200
Asheville, North Carolina 28801

Dear Mr. Gantt:

Commissioners and members of the planning board have long been aware of Buncombe County’s hazardous-land designation. The first real estate landslide advisory came to the county from the North Carolina Department of Emergency Management in 1998.

As the result of a recent Federal Emergency Management Agency directive all real property in Buncombe County has been evaluated and assessed by address for expected disasters. Of specific concern are subdivisions located above a 15% grade. The reason: soils above this threshold are typically “not suitable” or “poorly suitable” for development— “Some are too unstable to used as a foundation for buildings or roads.” References: Buncombe County Soil Survey/ North Carolina Geological Survey

The Asheville Citizen-Times reported on August 30, 2009 that approximately 29% of Buncombe County real estate is threatened by landslide-triggering soils. Dale Neal’s article, “Landslide hazards charted,” is part of the newspaper’s “Dangerous Ground” investigative series.

With the confirmation that the county has permitted hazardous-land development for more than a decade, Mr. Neal asked Buncombe County planner Jim Coman to explain these FEMA disaster maps for at-risk property owners. Mr. Coman’s advice:

Owners of existing homes in high hazard areas could call in engineers to shore up shifting foundations or take other preventive measures to protect their property.

Whether the county institutes responsible landslide hazard mitigation planning is yet to be determined. What has been established is the fact that most Buncombe County steep slope building sites above a 15% grade are undermined by highly unstable soils.

I would like to draw your attention to the Subdivision Street Disclosure Statement and the reason for this letter.

Sample Subdivision Street Disclosure Statement

Pursuant to N. C. G. S. Section 136-102.6 _______, as the Declarant of _______,
issues this statement indicating that all of the roads within_______ are private. It is the obligation of _______ Homeowners' Association, Inc. (hereafter "Association") to maintain and keep in good repairs all of the private roads in _______Subdivision. It is mandatory for all property owners in _______ to be a member of the Association and the property owners, with the exception of the Declarant, have an obligation to pay assessments to maintain the private roads. The Declarant specifically states that the streets have not been constructed in such a manner to allow inclusion on the State highway system for maintenance.

Although commonly used to establish property owner liability for private roads this standardized conveyance statement was not intended as a disclosure document for roads in hazardous-land subdivisions. At this juncture county attorney Michael Frue should have determined that the disclosure statement, as written, is not valid: property owners cannot be legally forced to assume responsibility for risks not disclosed.

Mr. Frue can correct this error and protect property owners' interests by requiring the inclusion of a "Fair Warning" addendum on Buncombe County— steep slope— Subdivision Street Disclosure Statements. Mr. Frue is cognizant of the fact that property owners' liabilities linked to private road ownership in hazardous-land subdivisions are significant. Before assuming responsibility for developers' roads, property owners should be apprised of the following:

Please be advised this subdivision’s roads were built on likely unstable soils. Landslides and erosion are recognized chronic hazards above a 15% slope. Soil assessments for this subdivision can be found at the county Soil & Conservation Office. Buncombe County did not require geotechnical, hydrologic or soil studies for this subdivision. Should this subdivision’s roads be damaged by predictable natural occurrences, the members of the homeowners’ association will be liable for all costs.

There have been many parties involved in Buncombe County land development but the decision to grant a steep slope subdivision permit rests with the planning board. The Asheville Citizen-Times reported in a related "Dangerous Ground" article that the board has approved 413 subdivisions over the past six years. The number of hazardous-land subdivision permits granted since 1998 has not been tallied but is easily determinable.

Without disclosure of hazardous-land conditions on the Subdivision Street Disclosure Statement the planning board's practice of granting permits for steep slope private subdivision roads is questionable and deserves legal challenge.

Thank you for your interest in this matter.

Lynne Vogel
232 Wonderly Lane
Mars Hill, North Carolina 28754
wncsos.com