📄 Factsheet Release: The Truth About the Proposed Pokeberry Creek Mitigation Bank
Overview
As Chatham County evaluates the active Fearrington Preserve Conditional District Compact Community Rezoning (CD-CC-2026) application, the developer and its agents have repeatedly pointed to a proposed Pokeberry Creek Mitigation Bank as a centerpiece environmental benefit to justify a double-density zoning bonus.
To separate developer PR from regulatory reality, The Briar Chapel Community Association, our coalition partner, has compiled a comprehensive public factsheet. It directly synthesizes and cites official public records, state and federal agency filings, and county advisory reviews.
The complete document, BCCA Pokeberry Creek Factsheet, is now available for download. Below is a breakdown of what the public record reveals.
Key Findings from the Public Record
1. Federal Agencies Flagged Serious Site & Hydrologic Risks
While the applicant has framed stream restoration as a guaranteed success, federal and state environmental regulators have documented ongoing concerns regarding site suitability under the 2008 Federal Mitigation Rule (33 C.F.R. § 332):
U.S. Army Corps of Engineers (USACE Action ID: SAW-2024-00072): On October 11, 2024, USACE formally determined that the site as proposed was not suitable to provide compensatory mitigation, citing risks from rapid surrounding development, flash hydrology, erosive soils, mature forest clearing, and severe risks of hydrologic trespass within the FEMA floodway.
NC Wildlife Resources Commission (NCWRC): Biologists warned USACE that without firm, funded commitments to stabilize upstream sections of Pokeberry Creek, there is a "significant risk that downstream portions of the mitigation bank will be impacted and functional uplift reduced".
2. Chatham County's ERAC Rejected the Environmental Narrative
Chatham County’s own Environmental Review Advisory Committee (ERAC) reviewed the applicant's 5th Environmental Impact Assessment (EIA) on April 9, 2026, and reached critical conclusions:
Increased Downstream Flooding: ERAC noted that flooding along Pokeberry Creek has already increased significantly due to upstream impervious surfaces, pointing to recent storms that flooded the creek twice since 2018 and washed out the Morris Road bridge.
Incomplete Contingency Plan: ERAC highlighted that the developer’s EIA leaves the mitigation bank as an undetermined contingency that "could affect many aspects of the project, not discussed in this EIA".
Not a True Compact Community: ERAC questioned the physical layout of the development, concluding it "more closely resembles five separate subdivisions, with separate entrances, divided from each other by streams, and roads that do not connect".
3. Unanimous BCCA BOD Resolution to Oppose the Developer's Irresponsible Mitigation
On August 26, 2026, the Briar Chapel Community Association (BCCA) Board of Directors voted unanimously to pass Resolution No. 2026-01 opposing the Fearrington Preserve rezoning and First Plat applications.
Denial of Property Access: BCCA formally confirmed that it does not, and will not, grant land access or participate in any stream remediation tied to the Fearrington Preserve development.
Pre-Existing Conservation Covenants: BCCA’s upper parcels along Pokeberry Creek are already encumbered by recorded conservation covenants dating back to 2007 and 2009. Under federal rules, pre-existing protected status makes those parcels ineligible for mitigation banking credits.
Independent Community Stewardship: BCCA's covenant already permits stream buffer restoration, hydrologic maintenance, and invasive species control. BCCA remains free to pursue grant-funded restoration of its own stream reaches on its own timeline—completely independent of a high-density real estate scheme.
Planning Takeaway: Failure of Rezoning Finding #4
Under Chatham County land-use rules, a Conditional District Compact Community (CD-CC) rezoning requires the applicant to satisfy Finding #4 (Public Convenience and Welfare) by proving that the project provides a net public benefit that outweighs its traffic, utility, and environmental impacts.
Because the proposed stream mitigation bank relies on property access it cannot legally obtain, and faces severe federal suitability concerns, it is a non starter. The developer cannot claim a paper stream mitigation project as a "public benefit" to justify doubling residential density.
📥 Read and Share the Factsheet
We encourage all Chatham County residents, neighborhood leaders, and civic advocates to review this community resource and share it with neighbors.
📄 Download Resource: BCCA Pokeberry Creek Factsheet
📮 Submit Public Comments: Send your feedback on Case CD-CC-2026 and Case FPS-2026 directly to the planning board by emailing Dan Garrett at dan.garrett@chathamcountync.gov.