Title
Vote to approve a request by Clay Matthews, on behalf of Swain Group, LLC for subdivision First Plat review and approval of Riverbend Estates at Laurel Ridge, consisting of 107 lots on 622.32 acres, located off Rock Rest Rd and Old Graham Rd, parcel 10927, 10919, 10922, 79194, 10925, 10923, 10924,10926, 66355, 85139, & 10970
Abstract
Introduction & Background:
Zoning: R-5
Water System: Public
Sewer System: Public
Subject to 100-year flood: Some flooding areas within the development.
General Information: The subdivision process is a four (4) step process: Concept Plan, First Plat, Construction Plan, and Final Plat. The applicant has completed the community meeting and the Concept Plan review. The minimum lot size requirement for the project is 3-acres with an overall average of 5-acres. The Planning Board has two (2) meetings in which to act on the proposal.
Discussion & Analysis: The request is for First Plat review and recommendation of Riverbend Estates at Laurel Ridge, consisting of 107 lots on 622.3 acres, located off Rock Rest Rd, S.R. 1547 and Old Graham Rd S.R. 1516. Per the Subdivision Regulations, Section 5.2C(4), a Public Hearing shall be held at the first Planning Board meeting to receive comments on the proposed subdivision. Item (b) states that following the Public Hearing, the Planning Board shall review the proposal, staff recommendation, and public comments and indicate their recommendation for approval, disapproval, or approval subject to modifications. As stated above, the Planning Board has two (2) meetings to act on the proposal.
Roadways: The main entrance for the project will come from Rock Rest Road. The road within the project is to be built as a 20-foot-wide travel way with a 60-foot-wide private right-of-way. The private easement travel way along lots 26-28 will need to be upgraded to the County standard road, Section 7.2 (D) 1-4 of Chatham County Subdivision Regulations.
Trip Generation Report: A letter from Bolton & Menk dated September 19, 2024, to Mr. Tyler Kimes with NCDOT Division 8 District 1. Per the letter it is estimated the proposed subdivision will generate approximately 1,074 total site trips during a typical 24-hour period. It’s anticipated that 79 trips (20 entering and 59 existing) will occur during the AM weekdays peak hours, and 106 trips (67 entering 39 existing) will occur during the PM weekdays peak hours.
Turn lanes were considered at the proposed driveways, Old Graham Rd and Rock Rest Rd based on the criteria contained in the NCDOT Policy on Street and Driveway Access to NC Highways (driveway manual) Warrant for Left and Right-Turn Lanes nomograph. Based on the Driveway Manual, no turn lanes were warranted at either of the proposed site driveways along Old Graham Rd or Rock Rest Road as both roads currently serve less than 4,000 vpd.
Historical: The applicant received comments from the Chatham County Historical Association. CCHA stated in an email dated June 17, 2025, to look out for graves during regrading and construction activities, and if anything is found near the area of the out-parcel, parcel 10920 to notify CCHA. This may be related to old schools. CCHA would appreciate the millstone quarry on the site to not be disturbed, if possible.
Schools: Notification of the proposed development was provided to the Chatham County School System. Randy Drumheller, Chatham County Schools Director of Maintenance and Construction was contacted by email dated June 16, 2025.
Environmental Impact Assessment: Due to the number of lots, and Environmental Impact Assessment (EIA) was required to be submitted and peer reviewed. The EIA, dated December 4, 2024, and updated April 21, 2025, was prepared by Soil & Environmental Consultants, Inc. and peer reviewed by Johnson, Mirmiran & Thompson, Inc. (JMT). JMT provided a letter dated May 28, 2025, that stated our comments have been compiled utilizing the ERAC EIA Review Checklist format. JMT reviewed the EIA for completeness in accordance with the most recent version of Chatham County Subdivision Regulations. In our opinion, the EIA satisfies the requirement of the regulations and should be considered complete.
A letter dated August 22, 2024, from North Carolina Department of Natural and Cultural Resources Natural Heritage Program to Chatham County Land & Water Resources Division for review. The letter states “A query of the NCNHP database, indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists.”
Community Meeting: A community meeting was held on November 21, 2024, at Chatham County Community Library in the Holmes Family Meeting Room, 197 NC Hwy 87N, Pittsboro. Approximately thirty-eight people attended the meeting. Items/issues discussed included the following:
• The easement that is located to the southeast of the project, will it be gated?
• How will you keep vehicles and construction traffic out of the private part of Rock Rest?
• Flood concerns, on the smaller lots near proposed along the river.
• Does the EIA review cultural resources?
• Native American site review?
• Noise associated with construction.
• Wastewater and water supply?
• Public river access for kayaking?
• Will there be a buffer along Rock Rest and Old Graham roads?
• Confer with the community to make it more environmentally friendly.
• Streetlight at Rock Rest and Bluffton, is it fully cut off?
• Cluster development possibility with conservation easements.
• How many stream crossings are anticipated?
• Length of the stream impact.
• Increase the buffer width?
• Removal of trees/vegetation on the lots?
• Any sidewalks or trails?
• Lighting of entrance monuments.
• UDO tree protection provisions. Will you follow it voluntarily?
Additional items may be viewed online <https://www.chathamcountync.gov/home/showpublisheddocument/73405/638875801764430000>
Technical Review Committee: The TRC met July 16, 2025, to review the First Plat submittal. Mr. Clay Matthews with The CE Group was present. Discussion included the following:
• If street lighting or subdivision sign is planned, both will need to be permitted.
• Which road, Rock Rest Road or Old Graham Road is the main entrance? Response: Rock Rest Road.
• A couple of mail kiosks are proposed within the subdivision, it was asked if they will consider signage or striping for the safety of the pedestrian.
• Interest in discussing a trail near the river.
• There were some wetlands and ephemeral streams missing.
Septic: Sewer will be served by Aqua. A letter dated June 20, 2025, was provided the letter stated, “Please accept this letter as Aqua North Carolina’s (“Aqua”) non-binding commitment to provide utility service to the planned development of Riverbend at Laurel Ridge. The proposed development is adjacent to an existing Aqua utility service area. The letter of intent is provided contingent upon Aqua and the Developer entering into Utility Agreement (“Agreement”) with mutually acceptable terms, permit approvals by the North Carolina Department of Environmental Quality, and approval by the North Carolina Utilities Commission of the agreement.”
Water: Aqua
Road Name: The road names Riverbend Estates Way, Hadley Ridge, Brookveil Road, Scarletwood Trail, Bluffpine Drive, Stonepine Trail, and Larkbend Road has been approved by Chatham County Emergency Operations Office as acceptable for submittal to the Board of Commissioners for approval.
Development Schedule:
Projects with 50 lots or more are required to have a development schedule. This project shall have 36 months from First Plat approval to submit Construction Plan for Phase 1.
Development schedule as follows:
Final Plat Application Submittal for Phase 1 by September 30, 2035
Final Plat Application Submittal for Phase 2 by September 30, 2043
Final Plat Application Submittal for Phase 3 by September 30, 2047
Final Plat Application Submittal for Phase 4 by September 30, 2050
Final Plat Application Submittal for Phase 5 by September 30, 2054
Final Plat Application Submittal for Phase 6 by September 30, 2056
Water Features: Soil & Environmental Consultants, Inc., (S&EC) personnel completed a site visit, and identified seventy-two (72) surface waters within the review area that were potentially subject to riparian buffer. Steven Ball with S&EC completed the on-site riparian buffer visit with Drew Blake, Asst. Director Watershed Protection Dept. on May 21, 2024, to verify the consultant’s findings. A confirmation letter dated November 1, 2024, stated sixteen (16) ephemeral streams, eighteen (18) intermittent streams, seven (7) perennial streams, thirty-one (31) potential wetlands. A 30-ft buffer from top of bank landward on both sides of the feature for all ephemeral streams, a 50-ft buffer will be required beginning at the flagged boundary and proceeding landward on all wetlands, a 50-ft buffer from top of bank landward on both sides of the feature for all intermittent streams, and a 100-ft buffer from top of bank landward on both sides of the feature for all perennial streams. On-site determination expires five years from the date of the riparian buffer report. The Jurisdictional Determination has been submitted to the Army Corp of Engineers.
Stormwater and Erosion Control: There are nine (9) proposed stormwater devices and as part of the stormwater permitting process additional information will be provided to the Watershed Protection Department during the permitting process. A Stormwater Permit and Sedimentation & Erosion Control Permit will be obtained from the Chatham County Watershed Protection Department prior to the Construction Plan submittal. No land disturbing activity can commence on the property prior to obtaining Construction Plan approval.
Site Visit: Site visits were scheduled for July 29 and July 31, for Planning Department staff and various board members to attend. Pictures of the site visit can be viewed on the Planning Department webpage. Link: <https://www.chathamcountync.gov/government/departments-programs-i-z/planning/rezonings-subdivision-cases/2025-items/riverbend-estates-first-plat>
Planning Board Discussion:
The Planning Board met August 5, 2025. Mr. Nick Robinson with Bradshaw, Robinson, Slawter & Rainer LLP, Mr. Clay Matthews with CE Group, and Ms. Hadley Kirkland, Developer, were present. Mr. Robinson stated during his presentation this is a by-right subdivision in an R-5 zoning. In an R-5 zoning the minimum acreage is 3-acres size lots with 5-acre average size lots. This project has 107 lots on 622-acres with an average of 5.11 acres and none of the lots adjoin the Haw River. This development schedule is about 30 years, and traffic will increase but it will be barely detectable over 30 years. Peak hours are 79 trips in the AM and 106 trips in the PM. We depend on NCDOT to provide any off-site improvements, such as a turn lane, it would be unlikely NCDOT would request a turn lane unless something drastically changes in the next 30 years.
Mr. Robinson explained this project would be very different if it was a conservation subdivision with 120 small lots. There would be mass grading in sections where the homes would be located, and the sales and development of the project would be more rapid. In some ways this type of development is ideal for Chatham County, it is the kind of development you should wish for because there will not be a massive influx of families with children that will impact schools, it is a slow and steady conservative growth pattern for 622 acres in the county, Mr. Robinson stated.
Planning Board members’ discussion included the following:
• Protection from the river or the smaller tributaries. Response: Mr. Robinson stated most homes will not be built closer to the roadway and this will keep the homes far from the river and the floodplain. There is a large floodplain on the river with variable widths, the floodplain is mostly off-site from the project, and any flooding should typically not impact the lots within the project.
• Anyone building near the Haw River would like to have a view of the river and would build as close as possible to the river although there may be steep slopes. Response: Mr. Robinson explained, it’s an important decision where a home site is going and how much topography one will need to deal with, when you are near the road it is generally flatter and less expensive to build.
• The floodplain has been kept out of the project, who owns the property by the river, and will it become a state park? Response: Mr. Robinson stated the land will be retained by the developer and the greater than 10-acres lots and not part of the application.
• Surprised to see the development of this size to have sewer rather than septic. What happens to the sewage? Response: Mr. Robinson said there’s a wastewater treatment plant in Chapel Ridge and there was an agreement with the owner of the treatment plant to supply service for other properties nearby. It’s a private wastewater treatment system that has its own system of disbursement and is permitted by the state and subject to the state regulations.
• As the different phases are constructed will the water and sewer lines be installed at each phasing or will it be installed all at one time? With the number of lots, will there be more than one lift station? Response: Mr. Matthews explained the water and sewer lines will be installed within the right-of-way during each phase. One lift station will suffice for the development. Each lot will have a pump inside the tank that pressurizes the line out to the lift station, and the lift station will pump to the wastewater treatment plant.
• What is the long-range plan for future flooding and floodplain map changes, and will the HOA inform people to buy flood insurance? Response: Mr. Matthews stated these are large lots and most of the lots are over 300’ before you get to the edge of the lot by right-of-way. Some may want to see the river, but they don’t want the driveway to be 300’ long. The covenants could recommend flood insurance, but this is legal question if the HOA could require it.
• Are there any lots that could have a potential view of Haw River? Response: Mr. Matthews stated there are a few lots with a high ridge that may have the view of the river especially in the fall.
Public Hearing included the following: Approximately seven adjacent residents spoke during public hearing. The residents had concerns about the following:
• Maintaining water quality of a perennial steam.
• Bitternut Hickory trees are growing in the floodplain, there’s concerns with construction debris, sediment, and lawn chemicals contaminating the creek.
• Right-of-way issues
• The public portion of Rock Rest Road is sometimes blocked with construction vehicles and portable restroom in the R-O-W.
• Given the developer's history of multiple sedimentation violations in Chatham County and the bulldozing of a known wetland without a permit this project needs to be revised and have careful oversight by the county and board.
• No intact contiguous blocks of forest as a shared resource for the residents or for wildlife.
• Light pollution.
• Water off rooftops
• Set aside trails to be part of the state trail for the public.
Planning Board discussion about postponing the vote:
• The Environmental Review Advisory Committee found the EIA incomplete. The concerns were the layout of the lots with regards to conservation goals and sedimentation and pollution to the Haw River; information and survey of the historical significance of the site; and impacts to terrestrial and aquatic species and habitats. The EIA was revised with additional information and would like more time to review.
• An archaeological and historical study needs to be completed in this area. The historic areas include Captain Johnston Blakley who grow up in Rock Rest, Rock Rest Academy, Rock Rest covered bridge knocked down by a tornado in the 1920s, Native American artifacts, etc.
• Huge environmental concerns, this is on the Haw River and NC Natural Heritage Program just released an updated inventory, the last update was in the 90’s.
• The developer has had notices of violations of sediment and erosion control in his previous projects and on this land.
• Concerns about the misuse of Rock Rest Road with the private section.
• Wildlife connectivity issue, there are conservation lands surrounding the project.
Applicant response:
• Mr. Robinson stated the EIA is not just reviewed by ERAC, it is peer reviewed, and the developer reimbursed the county for the cost of peer review. JMT was selected by the County and this firm provided comments, some additional information was needed and after the additional information the project was deemed complete. The only obligation under the subdivision ordinance is that a completed EIA is submitted. Mr. Robinson said some of the items mentioned are outside the project.
Planning Board Discussion: Board asked the applicant to provide information about access through the private road for lots 26-28, request the Planning Board to read the ERAC comments of the EIA, read the EIA, and for Planning Board to understand the impacts of the project on the historical, archaeological, and environmental conservation resources.
Applicant Supplement Information: The applicant provided a memorandum dated August 18, 2025, for the upcoming Planning Board meeting on September 2, 2025.
1. Access Issues with Respect to Various Sections of Rock Rest Road: Exhibit 1 provides a breakdown of the roadways outside and within the project. Riverbend residents/owners will not have access to a significant portion of Rock Rest Road and will not need access to those portions of Rock Rest. The memo states, “Because all of the Lots (including Lots 26-28) have access by way of roadways within Riverbend, no aspect of the private portion of Rock Rest Road (to which Riverbend owners will have no legal access) is pertinent to approval of this Frist Plat nor can it form the basis for a recommendation of denial of the first plat.”
2. Completed and Peer Review Approved EIA including ERAC Review: Timeline of the EIA 12/6/2024: First draft of the EIA submitted to staff; 1/9/2025: ERAC meeting for review; 1/15/2025: ERAC comments; 2/3/2025: Sent to JMT for peer review; 3/10/2025: EIA revised by applicant and resubmitted; 4/3/2025: JMT sent a second set of comments; 4/21/2025: EIA revised by applicant and resubmitted; 5/28/2025: JMT approves and deems EIA complete. The approval has been online, and the approval letter included the ERAC template and mentioned the four items that could be addressed and/or corrected on future submittals. Exhibit 2 provides the updated responses from the applicant and the four items including an Exhibit showing the three small locations where the flood plain overlaps with the rear of a lot. The entire subdivision was conscientiously designed to keep the flood plain areas off the lots, with only these three deviations. The EIA review process lasted over six months and was deemed completed. The memo states “Nothing else is required at this time with respect to the EIA and nothing in the EIA or about the EIA is a valid basis for a recommendation of denial of the First Plat.”
3. Off-Site Archeology: The offsite Native American (Sissipahaw) Archaeological study carried out by UNC (the Mitchum Site) and the former Rock Rest Academy are located off-site and is not part of the project. Exhibit 3 provides a map showing the location of the Mitchum site and location of Rock Rest Academy both sites are not within Riverbend Development. The memo states, “Neither the off-site Native American study area nor the off-site former location of the Rock Rest Academy are physically pertinent to this First Plat Application, and neither can form or be the basis of a recommendation of denial of this First Plat.
Planning Board Discussion: The Planning Board met September 2, 2025. Mr. Nick Robinson with Bradshaw, Robinson, Slawter & Rainer LLP, Mr. Clay Matthews with CE Group, and Ms. Hadley Kirkland, Developer, were present. Several adjacent property owners spoke during the Public Input Session with the following concerns:
• Using Rock Rest Road for some of the proposed lots
• Protecting the two conservation easements by Triangle Land Conservancy and Piedmont Conservancy
• Increased traffic on Old Graham Road
• The Mitchum site is an archaeological site, site number 31CH452, although the site isn’t directly on the proposed subdivision it is in the vicinity and the people from the Mitchum site would have roamed this area. This area was where Sissipahaw and other indigenous people lived.
• This area is known to have polyphemus moths and they need the oak trees to mate.
Mr. Nick Robinson provided a brief presentation and reminded the board that this is a by-right subdivision and if all the boxes have been checked it should be approved. Mr. Robinson said the concerns of the Rock Rest community residents are genuine.
Mr. Robinson said the owner of Riverbend Estates at Laurel Ridge acknowledges the private section of Rock Rest Road and acknowledges the future residents of Riverbend Estates at Laurel Ridge will not have the right to travel that road for ingress or egress. We also acknowledge that the Rock Rest Road easement travels through the Riverbend Estates at Laurel Ridge property and the developer is entitled to improve that section of the road with pavement. The section of the road that runs to the Paces Mill lots will have access through the Riverbend Estates at Laurel Ridge property with a separate deed agreement and through the private section of Rock Rest Road with deed agreement of the Rock Rest community all the way to Old Graham Road.
Mr. Robinson explained Rock Rest Road is narrow and a one-way travel way. There are going to be times when people travel down the private portion of Rock Rest Road, they are going to be blocked by incoming traffic, and it is not going to be terribly convenient. The private speed limit on the private portion of Rock Rest Road is 18 miles per hour. The roadways within Riverbend Estates at Laurel Ridge would be constructed to 25 or 30 miles per hour for the speed limit. The Rock Rest owners themselves have said that the road is often blocked by downed trees and branches. Driving a car on a paved road will create less wear and tear than traveling on a graveled road. Mr. Robinson stated we measured distance, to travel on a paved road through Riverbend Estates at Laurel Ridge and it’s more likely quicker. Rock Rest Road is 7,420 feet, at 18 miles per hour, 4 minutes, and 41 seconds to get through. If you go through the Riverbend Estates at Laurel Ridge subdivision, it is more feet, 11,780 linear feet, but at 30 miles an hour, that's 4 minutes and 28 seconds, less than on the gravel road. At 25 miles per hour, it is 5 minutes and 21 seconds, just 30 seconds longer. Mr. Robinson stated he does not believe Rock Rest Road will be used as a shortcut. If it is, they have their legal rights to enforce their private easement. As a peace offering, the developer said, they are willing to put up signs at the beginning of where their property meets the Rock Rest Road that would say no construction traffic through here for Riverbend Estates at Laurel Ridge, and Riverbend Estates at Laurel Ridge owners do not have access to the gravel road.
In conclusion Mr. Robinson stated there needs to be a section in the ordinance that can be pointed out that has not been complied with in respect to this first plat. Staff have stated that everything complies with the ordinance. Six people have spoken against the project, not one mentioned anything referencing the ordinance, Mr. Robinson stated. Yes, they do not want this project, but it is required to be approved under the subdivision ordinance, per Mr. Robinson. The private easement for Rock Rest Road, his client, and the owners of the property that they were developing previously were a party to that easement agreement, Mr. Robinson stated.
Planning Board Discussion included the following:
• The suggestion from the applicant to place signs with ‘no through travel’ is a good idea and would be helpful. If the residents are finding people using the private section of the road, they could install speed bumps to make it less convenient for people.
• Deeds that contain easements between Rock Rest and Paces Mill that would be, extinguished if this plat is allowed to go through.
• A memo from Mr. Marriott, a Rock Rest resident, shows the deeded Right-of-Way between Rock Rest and Paces Mill that if every part of that section of Rock Rest Road becomes part of a loop, which is what Riverbend is proposing, will extinguish the Right-of-Way for those people living at Paces Mill. A pedestrian access easement for the Rock Rest residents to be able to use all of Rock Rest Road down to the river located on Paces Mill land is a deeded easement that would be extinguished too. Response: Mr. Robinson stated this is in Phase 6 and the final plat for Phase 6 is not until 2056. He stated that they are a stranger to this agreement, and this is an agreement between Rock Rest owners and Paces Mill owner. Ms. Lewis, the attorney representing Alice Yeaman Rock Rest resident, stated the developer could have, in good spirit, created a design for the development that allowed the road to run through Riverbend land. That would have been much more respectful of the community, and much more in line with the preservation of conservation land immediately adjacent to both ends of the road.
• We are not talking about whether the ordinance is met or not, we are talking about whether it is legal to use a road. The Board is looking at situations where people have deeded rights that are totally being ignored.
• Concerns with lots 26-28, being problematic. If the lots were removed there would not be an issue. Response: Mr. Robinson said the owner of Riverbend subdivision is legally obligated not to close that section of the road, because the people in Paces Mill have the 100% needed easement to cross that section of land and down to their property.
• Concerns with flooding on lots 32 & 45.
• This layout has a strong disregard for the community.
• It seems unreasonable to ask a developer not to use an existing roadway.
The Planning Board, by a vote of 7-3, recommends granting approval of the First Plat with the conditions listed in the Recommendation below.
After the Planning Board meeting and prior to the Board of Commissioners meeting, the developer submitted a revised plat. The revised plat slightly shifts Bluffpine Dr to the west and proposes only to use the section of Rock Rest Road between Bluffpine Dr and just beyond Larkend Rd. There are portions of Rock Rest Road that will not be upgraded and will remain as is.
How does this relate to the Comprehensive Plan: Plan Chatham was adopted by the Board of Commissioners in November 2017 and is a comprehensive plan that provides strategic direction to address the most pressing needs in the county. This project is located in a conservation area of the county on the Future Land Use and Conservation Plan Map (strategy 5.2). The description for conservation is natural features are the primary elements of these areas. Development, which is predominantly residential, is sensitively integrated into the landscape. Mix uses includes single family detached lots and attached units with overall very low density, some tourism related uses allowed. Conservation subdivisions are encouraged to protect natural resources while not disrupting agricultural practices. Passive recreation areas, greenway trails, and a variety of valuable natural resource areas. The proposed conventional subdivision meets the adopted riparian buffer and stormwater control standards of the county. The developer also contacted the NC Natural Heritage Program to review their database for any rare species, important natural communities, natural areas, or conservation/managed areas within the project boundary and rare species were identified in their records. It should be noted that Plan Chatham is not intended to be used as a regulatory tool but is a policy document. When reviewing subdivision applications, the boards can use the plan as a tool to identify future regulatory changes.
Budgetary Impact: N/A
Recommendation/Motion: The Planning Staff and Planning Board by vote 7-3 recommend granting approval of the road name Riverbend Estates Way, Hadley Ridge, Brookveil Road, Scarletwood Trail, Bluffpine Drive, and Larkbend Road and approval of the First Plat as submitted with the following conditions:
1. The following development schedule shall be submitted: Construction Plan submittal of Phase 1 within thirty-six (36) months of the First Plat approval with Final Plat Application submittal by September 30, 2035. Phase 2 Final Plat Application submittal by September 30, 2043; Phase 3 Final Plat Application submittal by September 30, 2047; Phase 4 Final Plat Application submittal by September 30, 2050; Phase 5 Final Plat Application submittal by September 30, 2054; Phase 2 Final Plat Application submittal by September 30, 2054; and Phase 6 Final Plat Application submittal by September 30, 2056.
2. The county attorney shall review and approve the contract and performance guarantee prior to final plat recordation.
3. A copy of the road maintenance policy shall be provided to planning staff prior to recording the final plat.