20180582 Ver 2_Public Notice Comments 2_20191007

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North Carolina Department of Water Resources
ATTN: Ms. Karen Higgins
401 Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
BY ELECTRONIC MAIL: [e-mail]
October 7, 2019
Re: Cashiers Canoe Club
Chattooga Conservancy
9 Sequoia Hills Lane
Clayton, Georgia 30525
tel. [phone]
[e-mail]
These comments are submitted on behalf of the Chattooga Conservancy. The Chattooga Conservancy is
a nonprofit conservation organization whose mission is to protect, promote, and restore the natural
ecological integrity of Chattooga River watershed ecosystems; to ensure the viability of native species in
harmony with the need for a healthy human environment; and, to educate and empower communities
to practice good stewardship on public and private lands. The Chattooga Conservancy has an
organizational interest in the proper and lawful management of public and private lands within the
Chattooga River watershed, and members, staff, and board members participate in a wide range of
recreational activities on these lands. The Chattooga Conservancy represents approximately 600
members that support the organization's work.
We have reviewed the revised application dated 4-12-19 and associated documents/reports, and have
the following comments:
I. Outstanding Resource Waters (ORW) Status of the Chattooga River
The state of North Carolina has the duty to ensure that the strictest anti -degradation components of its
water quality standards are being upheld for unique Outstanding Resource Water (ORW) bodies like the
Chattooga River. That said, the NC Division of Water Resources (DWR) acknowledges that the upper
Chattooga River "is at risk from ... storm water runoff from increasing residential development" (2008
Savannah River Basin Management Plan). The DWR has also noted that "sandy conditions and
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infrequent riffles may be attributed to development activities around Cashiers Lake." (2012 Savannah
River Basin Management Plan). Simply stated: the DWR has the duty to ensure that further
degradation of the upper Chattooga's ORWs, which are already "at risk," is not permitted.
The proposed project is seeking the state's 401 permit that would permanently impact over 7 acres of
wetlands and nearly 5 acres of open waters in the Chattooga headwaters, as part of a larger plan to
construct a high density residential development at the site. We acknowledge the applicant's
modifications to its original 401 permit request; however, it remains clear that this dredging proposal—
the initial dredging, as well as subsequent dredging episodes for 25 years --plus the cumulative impacts
of building a high-density development around Cashiers Lake, will bring chronic erosion and
sedimentation runoff, destruction of wetlands and a two -fold increase in human waste discharged into
the Chattooga—a litany of actions which altogether, are highly probable to directly result in significant
degradation of the upper Chattooga's Outstanding Resource Waters.
II. Stormwater Impacts & Sedimentation into the Chattooga River
The applicable Jackson County ordinance requires that high-density developments in Outstanding
Resource Watersheds detain and control a 25 -year, 24-hour storm event. According to information
available from NOAA, this would amount to between 9 and 11 inches of rain in Cashiers. The applicant's
revised 401 permit application for dredging, etc., still does not make room for the structures and other
mitigation strategies that would be necessary for adequately managing the stormwater generated by
this amount of rainfall.
In addition, for its high density residential development, the applicant offers an incomplete and invalid
stormwater plan that is over 10 years old, that is essentially irrelevant because the state's permit for this
plan expired in May 2019. Overall, non -point source stormwater is one of the greatest threats to water
quality, and considering a 401 permit application without having a relevant and valid stormwater
management permit in place is negligent and unacceptable.
Also, the application states plans to dump the dredging spoils next to the Chattooga River, up to 30 feet
from water's edge. Harmful contaminants from the old Cashiers Plastics Corporation are thought to be
in the Cashiers Lake's wetlands and lake bed, and thus would be in the dredging spoils. We note that
though the applicant collected a very limited number of wetland soil samples, no sediment samples
were collected from the lake bottom, were disturbance is planned to occur. Therefore, the current soil
sampling results are incomplete and could be sidestepping detection of harmful chemical deposits from
the Cashiers Plastics plant.
III. Sewage, the Cashiers Waste Water Treatment Plant & National Pollutant Discharge
Elimination System Permit Compliance
The application lacks enough information on plans for treating the human waste that will come from the
proposed high density subdivision. The applicant acknowledges plans to tie into the sewage collection
system that goes to the Cashiers Waste Water Treatment Plant (WWTP), which currently is operating at
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about 50% of its permitted use. Tuckaseigee Water & Sewer Authority intends to boost this wastewater
treatment plant up to 100% of its permitted operations, to service the applicant. This would effectively
double its current sewage load, which discharges into the Chattooga's Outstanding Resource Waters.
This appears to be an "expansion" of a discharge into Outstanding Resource Waters, which is prohibited
under state law. We note that new sewer connections require an NPDES permit modification. Has the
permit holder applied for a permit modification?
This an important issue for the Chattooga's ORWs, because National Pollutant Discharge Elimination
System permit violations have already occurred at the Cashiers WWTP in the past, and expanding
operations at the waste water treatment plant to reach its 100% capacity most certainly will negatively
impact Outstanding Resource Waters. Indeed, back in November 2001, state agency biologists
conducted a special study of the benthic macroinvertebrate community located 50 meters downstream
of the Cashiers WWTP outfall, and concluded that the benthic macroinvertebrate community was being
significantly negatively impacted at that location. We have grave concerns that past permit violations
suggest that significant additional loads may be difficult for the plant to reliably to treat, which will
result in degrading ORWs and the water quality of a National Wild & Scenic River, whose water quality is
supposed to be maintained or improved.
Therefore, for the aforementioned reasons, we recommend that the Division of Water Resources deny
this 401 permit.
Sincerely,
Nicole Hayler
Executive Director
Chattooga Conservancy
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