20201125 Ver 2_NCDWR 401 Approval Letter_20220303

November 4, 2020

DWR # 20-1125
Jackson County

Tuckaseigee Water & Sewer Authority (TWSA)
Attn: Daniel Manring
1246 West Main Street
Sylva, North Carolina 28779

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Horsepasture River WWTP and Collection System Improvements

Dear Mr. Manring:
You have our approval for the impacts listed below for the purpose described in your application dated
August 31, 2020, received by the Division of Water Resources (Division) August 31, 2020 and payment
received September 4, 2020, with subsequent information on October 26, 2020. These impacts are
covered by the attached Water Quality General Certification Number 4132, Water Quality General
Certification Number 4135, and the conditions listed below. This certification is associated with the use
of Nationwide Permit Number 7 and Nationwide Permit Number 14 once issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the Conditions listed below and
all of the conditions of the applicable Water Quality General Certifications are met. No other
impacts are approved, including incidental impacts. \[15A NCAC 02H .0506(b)\]

Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary

Stream
S1 0 (linear feet) 95 (linear feet)
S2 52 (linear feet) 0 (linear feet)
S3 0 (linear feet) 20 (linear feet)
S4 8 (linear feet) 0 (linear feet)
S5 0 (linear feet) 10 (linear feet)
404/401 Wetlands
W1 0 (acres) 0.010 (acres)
W2 0.080 (acres) 0 (acres)

Tuckaseigee Water & Sewer Authority (TWSA)
DWR# 20-1125
401 Certification
Page 2 of 4

2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this Certification and is responsible for complying with all conditions. \[15A NCAC
02H .0507(d)(2)\].
3. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance. \[15A NCAC 02H .0506 (b)(3)\]
4. All temporary impacted areas shall be restored to pre-construction natural conditions upon
completion of the project. Native vegetation shall be used for stream bank stabilization. \[15A
NCAC 02H .0506 (b)(2\]
5. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to and
written approval from DWR. \[15A NCAC 02B .0201\]
6. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of
a waterbody or wetlands to prevent contamination by fuel and oils. \[15A NCAC 02H .0506 (b)(3)
and 15A NCAC 02B .0211(12)\]
7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical
spill, the permittee/contractor shall immediately contact the Division of Water Resources,
between the hours of 8 am to 5 pm at the Asheville Regional Office at 828-296-4500 and after
hours and on weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. \[15A NCAC
02H .0506 (b)(3), 15A NCAC 02B .0211 (12), and GS 143 Article 21A\]
8. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) within streams classified as
trout, shall not be exceeded as described in 15A NCAC 02B .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. \[15A NCAC 02B .0200\]
9. The proposed project shall follow the recommendations stated in the North Carolina Wildlife
Resources Commission (NCWRC) comment letter dated November 28, 2016 (attached) to the
maximum extent practicable. \[15A NCAC 02H .0506 (b)(2)\]
10. Sediment and erosion control measures shall not be placed in wetlands or waters except within
the footprint of temporary or permanent impacts authorized under this Certification. Exceptions
to this condition require application to and written approval from DWR. \[15A NCAC 02H .0501
and .0502\]
11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Certification. A copy of this Certification, including all conditions shall

Tuckaseigee Water & Sewer Authority (TWSA)
DWR# 20-1125
401 Certification
Page 3 of 4

be available at the project site during the construction and maintenance of this project. \[15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)\]
12. The permittee shall report to the Asheville Regional Office any noncompliance with the
conditions of this Certification, the conditions of the applicable Water Quality General
Certifications, any violation of stream or wetland standards \[15A NCAC 02B .0200\] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules \[15A
NCAC 02B\]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes
aware of the circumstances. The written submission shall contain a description of the
noncompliance and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. \[G.S. 143-215.5\]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:

LŅ ƭĻƓķźƓŭ ǝźğ …{ tƚƭƷğƌ {ĻƩǝźĭĻʹ LŅ ƭĻƓķźƓŭ ǝźğ ķĻƌźǝĻƩǤ ƭĻƩǝźĭĻ Λ…t{Ͳ CĻķ9ǣͲ ĻƷĭΜʹ
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to Department of Environmental Quality:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Tuckaseigee Water & Sewer Authority (TWSA)
DWR# 20-1125
401 Certification
Page 4 of 4

This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Kaylie Yankura at 828-296-4685 or [e-mail] if you have
any questions or concerns.

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 4132
GC 4135
NC Wildlife Resources Commission Letter (November 28, 2016)
Certificate of Completion

cc: McGill Associates, PA Jon Swaim (via email)
USACE Asheville Regulatory Field Office David Brown (via email)
NC Wildlife Resources Commission Andrea Leslie (via email)
US Fish and Wildlife Service Byron Hamstead (via email)
DEMLR Stan Aiken (via email)
DWR 401 & Buffer Permitting Branch electronic file

Filename: G:\\WR\\WQ\\Jackson\\401s\\Non-DOT\\Horespasture River WWTP and Collection System
Improvements\\20201104_HorsepastureRiverWWTPandCollectionSystemImprovements_APPRVL.docx

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Lyn Hardison, Environmental Assistance and SEPA Coordinator
NCDENR Division of Environmental Assistance and Customer Services
FROM: Andrea Leslie, Mountain Region Coordinator
Habitat Conservation
DATE: 28 November 2016
SUBJECT: Scoping for Cashiers Wastewater Treatment Plant, Sewer Lines, and Pump Stations
Jackson County
DEQ Project No. 17-0249
Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject
document and we are familiar with the habitat values of the area. We received additional
scoping documents from McGill Associates, which provided supplemental information to that
included in the SEPA documents. Our comments are provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and the
North Carolina General Statutes (G.S. 113-131 et seq.).
The project proposes to build a new wastewater treatment plant (WWTP) to respond to current
and requested wastewater treatment capacity. In addition, the project proposes 7,840 feet of
sanitary sewer force main, 8,155 feet of gravity sewer line, an existing pump station upgrade,
and pump station replacement, all in pre-disturbed areas or along road right-of-way. This project
would supplement an existing 0.2 mgd plant on the Chattooga River by constructing a new 0.125
mgd plant and influent pump station on the Horsepasture River. Stream crossings would be
needed on the Horsepasture River and numerous tributaries.
The site proposed for the wastewater treatment plant is on a formerly forested parcel on the
Horsepasture River. A listed species and habitat assessment was performed for this parcel,
which concluded that the project was not likely to cause any adverse impact to any federally
listed species. Scrub-shrub wetlands were documented adjacent to the Horsepasture River, and a
portion of the proposed site is within the 100-year floodplain.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

17-0249 Scoping Cashiers WWTP Page 2 November 28, 2016
Jackson County
The Horsepasture River is home to the French Broad River Crayfish (Cambarus reburrus, US
Federal Species of Concern, NC Significantly Rare) and the Yellowfin Shiner (Notropis
lutipinnis, NC Special Concern). Both Rainbow Trout and Brown Trout are also found in the
Horsepature River in vicinity of the project.In addition, proposed sewer lines that would run
between Cashiers and the site would cross a number of tributaries to the Horspasture River and
the Chattooga River, some of which contain Brook Trout.
Our concerns regarding the WWTP discharge include impacts to water quality resulting from
ammonia, pharmaceutical and personal care products (PPCP)/endocrine disrupting compounds
(EDC), chlorine, and treatment plant upsets. In order to address these concerns, we recommend
the following:
The WWTP should include measures (e.g., flow equalization and offline storage) to
ensure consistent effluent water quality and downstream protection from overflows. The
WWTP should provide a minimum of five days of storage for untreated or undertreated
wastewater. We are concerned about impacts to water quality, aquatic habitat, and
aquatic species should treatment upsets occur particularly during low flow periods (e.g.,
7Q10 or less). The Environmental Assessment (EA) should include a description of the
measures that will be used to store untreated or undertreated wastewater, as well as
measures used to ensure consistent effluent water quality and downstream protection
from overflows.
Develop site-specific acute and chronic water quality standards for ammonia, using the
2013 USEPA’s Aquatic Life Ambient Water Quality Criteria for Ammonia-Freshwater.
Studies have shown PPCP and EDC in municipal effluent can cause adverse
physiological effects to fish and freshwater mussels (Bouchard et al. 2009, Bringolf et al.
2010, Farcy et al. 2011, Gagné et al. 2011a, Gagné et al. 2011b, Liney et al. 2011, and
Vajda et al. 2001). The WWTP should be designed with technology that is known to
reduce or eliminate PPCPs and EDCs from wastewater. Some measures that appear to
provide effective reduction or elimination of these emerging contaminants include
membrane bioreactors, granular activated carbon, powdered activated carbon, ozonation,
and combinations of these treatment technologies. The EA should provide a discussion
on emerging contaminants, particularly PPCPs and EDCs, and the treatment measures
that will be used in the WWTP to reduce or eliminate these from the effluent.
Finally, the disinfection system should use ultraviolet light or ozone instead of chlorine.
Chlorine is acutely toxic to aquatic organisms and can form secondary compounds that
are detrimental to aquatic life.
We are concerned about the secondary and cumulative impacts resulting from development
facilitated by the project. The Environmental Assessment (EA) should include a summary of
ordinances as they pertain to riparian buffer, floodplain, and open space protection, impervious
surface limits and stormwater management, and sediment and erosion control. Adopting
ordinances that protect wide forested riparian corridors and the 100-year floodplain along with
adequately treating stormwater in development areas are essential to protect water quality and
aquatic habitat in developing landscapes. We recommend that the Water Authority refer to the
Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic
and Terrestrial Wildlife Resources and Water Quality

17-0249 Scoping Cashiers WWTP Page 3 November 28, 2016
Jackson County
(http://www.ncwildlife.org/Portals/0/Conserving/documents/2002_GuidanceMemorandumforSec
ondaryandCumulativeImpacts.pdf ) for specific recommendations.
In addition, we have the following general recommendations:
1.Maintain a minimum 100-foot undisturbed, native, forested buffer along perennial
streams, and a minimum 50-foot buffer along intermittent streams and wetlands.
Maintaining undisturbed, forested buffers along these areas will minimize impacts to
aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within
and downstream of the project area. Also, wide riparian buffers are helpful in
maintaining stability of stream banks and for treatment of pollutants associated with
urban stormwater. In addition, these buffers will provide an adequate travel corridor for
wildlife species.
2.Avoid or minimize impacts to wetlands during construction. In addition to providing
wildlife habitat, wetland areas perform important functions of flood control and water
quality protection. Temporarily disturbed wetland areas should be returned to original
soils and contours, and reseeded with annual small grains appropriate for the season (e.g.
oats, millet, rye, or wheat) and should be allowed to revert to natural wetland vegetation.
3.The directional bore (installation of utilities beneath the riverbed, avoiding impacts to the
stream and buffer) stream crossing method should be used for utility crossings wherever
practicable, especially on streams that contain Brook Trout. The open cut stream
crossing method should be used only when water level is low and stream flow is
minimal.
4.The road crossing on the Horsepasture River should be a bridge or other spanning
structure in order to maintain upstream and downstream channel stability and aquatic
organism passage.
5.Construction within the 100-year floodplain should be avoided.
6.Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of
gills of aquatic species.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if there are any questions about these comments.
Literature cited:
Bouchard, B., F. Gagné, M. Fortier, and M Fournier. 2009. An in-situ study of the impacts of
urban wastewater on the immune and reproductive systems of the freshwater mussel Elliptio
complanata. Comparative Biochemistry and Physiology Part C: Toxicology and Pharmacology
150(2):132-140.
Bringolf, R.B., R.M. Heltsley, J.T. Newton, C.B Eads, S.J. Fraley, D. Shea, W.G. Cope. 2010.
Environmental occurrence and reproductive effects of the pharmaceutical fluoxetine in native
freshwater mussels. Environmental Toxicology and Chemistry 29(6):1311-1318.

17-0249 Scoping Cashiers WWTP Page 4 November 28, 2016
Jackson County
Farcy, E., F. Gagné, L Martel, M. Fortier, S. Trépanier, P. Brousseau, M. Fournier. 2011. Short-
term physiological effects of a xenobiotic mixture on the freshwater mussel Elliptio complanata
exposed to municipal effluents. Environmental Research 111(8):1096-1106.
Gagné F., C André, P. Cejka, R. Hausler, and M Fournier. 2011a. Evidence of neuroendocrine
disruption in freshwater mussels exposed to municipal wastewaters. Science of the Total
Environment 409(19):3711-3718.
Gagné F., C André, P. Cejka, R. Hausler, and M Fournier. 2011b. Alterations in DNA
metabolism in Elliptio complanata mussels after exposure to municipal effluents. Comparative
Biochemistry and Physiology Part C: Toxicology and Pharmacology 154(2):100-107.
Liney, K.E. J.A. Hagger, C.R. Tyler, M.H. Depledge, T.S. Galloway, and S. Jobling. 2011.
Health effects in fish of long-term exposure to effluents from wastewater treatment works.
Environmental Health Perspectives, April, 114 (Suppl 1): 81-89.
ec: John Swaim, McGill Associates
Allen Ratzlaff, US Fish and Wildlife Service
Steve Fraley and Powell Wheeler, NCWRC

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