Legasus’ River Rock Community, a gated subdivision planned for Tuckasegee and Glenville, will use sustainable building techniques, company officials say.

“We’ve spent a lot of money and effort in developing land plans,” said Gabe Quesinberry, director of engineering and construction, during a tour of the project where he discussed the company’s plans. “We want to be sensitive to the land.”

Legasus of North Carolina LLC is proposing to build five separate developments that will span more than 3,500 acres and include more than 1,000 homes in Jackson County. The first project is Webster Creek along Moody Bridge Road. Plans call for the development to feature 828 homes and two golf courses on 1,800 acres of land.

However, opponents of River Rock believe the residential community — and especially the golf courses — will degrade the Tuckasegee River’s water quality.

“We really don’t know enough about the water table up here and how the development is going to affect us,” said Jeannette Cabinas-Brewin, an opponent of the project whose creek dried up last summer from the drought. “We are in a situation of climate change, and our rainfall is not there. It’s dangerous for us to overbuild and take up our water supply and pollute it.”

The negative impact River Rock could have upon the quiet community of Tuckasegee is a concern for some residents, especially since the development was granted what is known in Jackson as “vested rights.” County officials placed a temporary moratorium on development in the spring of 2007 so they could develop a set of strict land-use guidelines. Developers who could prove they invested a sizeable amount of money in a project prior to the moratorium could apply to the planning department for vested rights, meaning they would not have to adhere to the new land-use standards. Legasus has been granted that status.

When Jackson passed the moratorium on development, company officials say 90 percent of Webster Creek’s golf course design plans were completed.

County Planner Linda Cable and Michael Egan, the county’s land-use attorney who helped write Jackson’s steep slope and subdivision ordinances, determined on June 14, 2007, that River Rock should get vested rights for five years.

When Cabinas-Brewin and Mary Jo Cobb learned that River Rock was granted vested rights, it prompted them to question the county’s decision.

“We thought we were going to get some protection from ungoverned development when the county placed the moratorium on development,” said Cabinas-Brewin.

Both women have spoken out against the gated community at county commissioner meetings and in letters to several Jackson County newspapers. Both say they are concerned about the impact the development could have on their land.

Cobb’s property adjoins Webster Creek. She is worried that the large-scale development will dry up or pollute Mine Branch, a tributary that flows in front of her house on Fred Smith Road.

“Why should they be able to take my creek and leave me with a trickle?” Cobb asked.

However, company officials claim the gated subdivision will not negatively affect the Tuckasegee watershed.

“Water tables are on many folks minds these days with the recent droughts. We believe that there is significant water still available and can accommodate the growth by us and others in the future if it is managed properly. This includes a mindset of water conservation that is part of the River Rock culture,” said Quesinberry.

Homeowners at River Rock will be required to use state-of-the-art plumbing controls, harvest rainwater and there will be no outside irrigations systems built, he added.

The state’s approval

River Rock will need approval from several state agencies — including the N.C. Department of Environment and Natural Resources Division of Water Quality — before construction can begin, Quesinberry said. The development also must get is plans OK’d by the U.S. Army Corps of Engineers.

The approval process is very stringent, Quesinberry said.

The chemicals that will be used on the two golf courses are a concern for Cabinas-Brewin, who is a beekeeper. She lives along Moody Bridge Road and claims the chemicals used to treat the golf course could kill her bees. Quesinberry, however, says “both golf courses will be an organic set up.”

Both courses will use the latest techniques in pest management and fertilizer technology available, he said.

Jackson County residents have reason to be skeptical of Legasus’ “green” promises. Balsam Mountain Preserve, a 4,400-acre development in the Balsam area of Jackson County, also claimed to be an eco-friendly development. Last year an irrigation pond on its golf course broke and sent tons of sludge into nearby waterways, killing fish and other aquatic life. Jackson issued a $300,000 fine to the development. The county and BMP reached a settlement last month that will require the development to pay $150,000 fine to the county and host erosion control seminars for residents.

“It’s cases like BMP that have given mountain golf courses a bad rap,” Quesinberry said.

Development woes

Legasus has been drafting plans for River Rock since 2002, and officials say the second-home community is not a typical subdivision.

“We are not a tract home development,” he said. “We are into building communities, not building houses.”

“Unfortunately we as human beings have not used the land in the best way,” Quesinberry said. “However with developments like River Rock, it can be sustainable in preserving forest lands and water, while allowing folks to enjoy the mountains.”

“The five neighborhoods in River Rock have a stringent land-use plan,” Quesinberry says. “All houses can clear only 25 feet in front of their property. Also, the homes will be designed and built with material that fits the natural landscape.”

Both women, however, are skeptical of Legasus’ promises.

“I think the local residents should do everything that we can to protect the area,” said Cabinas-Brewin.

Legasus has agreed to submit a development agreement to the planning office.

“The agreement will hold us responsible for our actions,” he said.

The agreement is a detailed master plan of the building plans for River Rock. Company officials are drafting the contract and will submit it to county commissioners for approval.

However, Legasus has yet to present the agreement, which has Cobb and Cabinas-Brewin questioning if an agreement will be reached.

“I would hope one would be drafted by now, but I haven’t seen one yet,” Cobb said. “I don’t think they will do anything to abide by the rules.”

Company officials say residents can expect an agreement.

“We are currently working on the agreement and have submitted a draft outline for staff review and input. This agreement will take several months to complete and finalize with the county. Folks need to understand that we are, in effect, creating a set of master standards for River Rock with the county. This is not an attempt to ‘get around’ any ordinances, but rather a way for Legasus to secure the future vision of River Rock and for the county to establish enforceable controls on Legasus to ensure that the citizens’ interests are protected between now and the time the development is complete,” said Quesinberry.

Preserving the Culture

Legasus plans to form the Appalachian Initiative for Mountain Sustainability, a nonprofit that focuses on environmental and economic preservation in the mountain area.

“A big initiative of Legasus and River Rock is to promote Appalachian heritage,” Quesinberry said.

The organization’s first project is to preserve the Moody family barn. The old barn is located near the entrance road that will lead homeowners to Webster Creek.

The barn needs some repair to its roof. According to Quesinberry, the nonprofit plans to restore the historic structure.

Cobb and Cabinas-Brewin are happy the barn will not be demolished.

“That’s wonderful news,” said Brewin. “But why don’t they get involved with local organizations that focus on historic preservation?”

Both also question Legasus’ eagerness to form the nonprofit.

“That’s the very thing that makes these gated communities such a red flag,” said Cobb. “Why would you create a nonprofit when we have such wonderful organizations that promote Appalachian heritage?”

Despite residents’ doubts about the nonprofit, Quesinberry says the organization has a specific set of priorities to address and will be a self-sustaining organization after the development is complete.

Legasus’ vision for AIMS include exploring technologies and practices that can be used locally to reduce carbon emissions, advancement of Appalachian culture, elevating community bonds with the region, elevating hospitality, and loving, honoring and protecting the land.

Additionally, officials hope that AIMS can form a partnership with existing area nonprofits.

Locked out

When Webster Creek is built, locals will no longer be able to go hiking or horseback riding throughout Cullowhee Mountain. Only those who own a home or golf will have access to the land.

“Legasus is just getting treasured pieces of property,” said Cobb.

She feels River Rock will isolate second homeowners from interacting with Tuckasegee residents.

“We know folks are coming,” she said. “But there is a difference between a family buying up property and a developer buying up property. If a family comes in here they are going to get involved in the local community.”

Cabinas-Brewin agreed.

“I’m not opposed to people moving to the mountains, but be part of the community,” she said. “And don’t stop the local people from doing their daily activities like hunting, hiking and picking ramps on the mountain.”

Public hearing denied, for now

The U.S. Army Corps of Engineers last month said it would not hold a public hearing for Legasus’ Webster Creek development. “We have reviewed all the comments received, we have included them in the record for this application, and we are giving them full consideration,” said S. Kenneth Jolly, Chief of the Regulatory Division at the U.S. Army Corps Wilmington District. “If we do not receive the information necessary to resolve or adequately address these issues we may determine that a public meeting is necessary; however, at this juncture it is our determination that there is no valid interest to be served by holding a public hearing on this matter.”