BURGAW — The Pender County Sheriff’s Office is investigating what happened on a piece of property in Burgaw that was cleared by Clayton Homes to build a 12-acre residential development. During initial work on the plat, headstones were unturned; so far, both the developer and county have not been forthcoming with the public on what led to their discovery.
Sheriff Alan Cutler told Port City Daily Monday a detective has been assigned to the case after his office saw social media posts about the headstones on Aug. 21, the same day Pender County issued a pause work order to Clayton Homes.
“The sheriff’s office is coming at it from a criminal aspect or a criminal standpoint,” Cutler said.
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The developer received permits from the county in April to build a seven-lot development off of Horse Branch Road and Malpass Corner Road.
The county did not answer Port City Daily’s questions on where exactly the disturbed graves were located, if the headstones were uncovered as a result of the construction, if Clayton Homes moved any of the headstones and whose responsibility it is to ensure the headstones are restored to their rightful place.
Pender County residents posted pictures on social media showing toppled-over headstones in debris of dirt and branches. Some markers appear to be cracked or broken; it is unknown what condition the headstones were in prior to development starting.
North Carolina law requires anyone who reasonably believes that human skeletal remains are being “disturbed, destroyed, defaced, mutilated, removed, or exposed” to notify the county medical examiner. If the discovery is related to “construction or agricultural” activity, such work must cease immediately until authorized to resume by either the medical examiner or the state archeologist’s office.
A spokesperson said Pender County was notified of the headstones’ presence by a concerned citizen.
Site plans indicate a cemetery sits adjacent to the development; county records label it Pridgen Cemetery and indicate it is 0.09 acres. The site plans also indicate a smaller parcel labeled “perimeter of existing cemetery” within lot five of the development.
County records link the Pridgen Cemetery to a Google Maps street view of two graves in a clearing. The graves appear to be from recent years with one of the graves pictured with flowers placed next to it. The photograph was taken in March 2025.
However, the headstones circulating on social media are over a century old.
The county did not respond to Port City Daily by press on whether or not the damaged markers were part of the marked cemetery or found elsewhere on the property.
Port City Daily asked the county for site photographs prior to construction, which would detail the graves’ condition and placement. The county confirmed they had them but did not send them by press.
It is also unclear whether Clayton Homes was aware of the headstones before beginning land-clearing or whether the markers were discovered during this process. A spokesperson with Clayton Homes did not respond to Port City Daily’s request for this information.
If the investigation finds Clayton Homes knowingly disturbed the headstones or gravesites they could face legal action.
Per North Carolina General Statute 14-149 it is a Class I felony to “knowingly and willfully” tamper with, deface or otherwise disturb a tombstone, grave marker, or any artifact in a cemetery meant to honor the memory of a person without permission from either the law or next of kin of the deceased.
The maximum sentence in North Carolina for a Class I felony is a year in prison. However, if a corporation or business is charged with a felony as opposed to an individual, the punishment will only consist of a fine.
If human remains are knowingly disturbed, destroyed, removed, vandalized or desecrated the charge becomes a Class H felony which carries a sentence of up to 2 years.
Port City Daily reached out to Clayton Homes with questions about the incident. A spokesperson provided a statement only.
“We strive to be respectful of the land and communities where we build our homes, and we recognize the seriousness of this situation,” the statement reads. “All activity on the site remains paused while we work with authorities to understand the circumstances and determine a way to honor the site.”
When asked what possible violations or fees Clayton Homes could face, Cobb said the county planning department is currently evaluating and assessing “all remedies.”
“It would be premature to identify potential remedies, violations or penalties before that review is complete,” she added.
Cobb also was unable to answer how long the county’s review will last.
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