Cherokee Jerry Wolfe takes it personally when artifacts from his ancestors are damaged.

“We don’t destroy any of our precious, sacred belongings that belonged to our grandpas and grandmas,” Wolfe said.

Construction of a sewer plant in Whittier has been stopped for the past five months because the contractor drove heavy equipment over a piece of property containing artifacts that date back 2,000 years, officials say.

It is important that the sewer plant be completed because it would encourage business development along the U.S. 441 corridor that leads into Cherokee and Great Smoky Mountains National Park, Jackson County officials have said.

Eastern Band of Cherokee Indians Chief Michell Hicks said the sewer might also serve the planned Sequoyah National Golf Course on the reservation.

When the Cherokee Tribal Historic Preservation Office discovered that the contractor was driving over the archaeological site, it was reported to the United States Department of Agriculture — a funding source for the project — which ordered that work be stopped.

Prior to work resuming, the Tribal Historic Preservation Office wanted to reach an agreement with the involved parties to ensure that artifacts at the site would be protected in the future.

Jackson County Manager Ken Westmoreland told The Smoky Mountain News on Monday (Sept. 1) the agreement was reached last week and that work on the project has resumed.

But USDA Area Specialist Pam Hysong of Hendersonville said she was not aware of the agreement being signed by all the parties — the Tribal Historic Preservation Office, Jackson County, USDA and the Whittier Sanitary District.

She said the draft agreement, which USDA has agreed to, states that the Tribal Historic Preservation Office would make “periodic inspections” of the site during construction.

Wolfe, a greeter and storyteller at the Museum of the Cherokee Indian on the reservation, said artifacts in the ground are the same as loved ones buried in the cemetery.

“The reason the construction was stopped is that we don’t disturb any of our sacred grounds, and this is a sacred ground,” said Wolfe, as he visited the site with The Smoky Mountain News.

Wolfe added, “We just want it safeguarded. We just want it kept the way it is.”

Archaeological survey was conducted

Prior to work beginning on the sewer plant, Wake Forest University surveyed the land to determine if it was archaeologically significant, according to the Cherokee Tribal Historic Preservation Office.

The survey indicated that about an acre located adjacent to where the sewer plant is being constructed contains artifacts, but that the sewer plant site does not.

The contractor was supposed to not disturb any of the land containing the artifacts, said Hysong.

“The archaeological area was clearly delineated on the final plans,” Hysong said.

A permanent fence will be put up around the site to protect the artifacts, she said. She said it is unknown if there are Indian burials at the site.

The contractor

Hysong said the contractor that drove over the archaeological site was Good Water of Greenville, S.C.

Good Water could not be reached for comment.

No artifacts were damaged, according to Tribal Preservation Officer Russell Townsend.

Westmoreland said Good Water drove across the site because something happened to the road that accessed the sewer project. The contractor was taking a “short cut” by driving over the archaeological site, he said.

“The contractor made a mistake, and they understand that,” said Tuckaseigee Water and Sewer Authority Executive Director Joe Cline.

Hysong said she must meet with Good Water to “set forth the conditions” that work can resume based on the memorandum of agreement.

USDA is not punishing Good Water for the incident, Hysong said, adding any punishment would come from the owner of the property.

The sewer plant is owned by Whittier Sanitary District, she said.

Agreement reached

The Tribal Historic Preservation Office said that before work on the sewer plant resumed it wanted a memorandum of agreement outlining how the artifacts will be protected.

As for it taking five months to reach the memorandum of agreement, Westmoreland said, “It took a long time to get the parties together and decide what to do.”

He said there are no ill feelings as far as he knows about the artifacts causing a delay in the project.

And he said there are no consequences from the delay. He said there was a concern that labor prices may have gone up, but it appears there will be “no additional costs.”

The agreement basically states that if any artifacts are discovered during the construction of the facility the tribe must be notified, Westmoreland said.

Also the agreement states that if any human remains are discovered that work must cease immediately, Westmoreland said.

Westmoreland said he didn’t know why the memorandum of agreement was necessary, saying some people didn’t think it was.

Cherokee Chief Hicks said he wanted assurances that artifacts would be protected if the sewer plant were expanded.

Asked why a memorandum of agreement was needed rather than the contractor just admitting his mistake and moving forward, Tribal Historic Preservation Office Historian Tyler Howe said, “We need assurances (that the area will be protected).”

Howe said he was the one who discovered the contractor was driving over the site.

Project important for Whittier, Cherokee

Westmoreland said the project is important because the Whittier area does not have sewer but uses septic systems that can pollute the groundwater.

He said some of the septic systems have “failed” and that with development continuing in the area “septic is not the way to go.”

The project should be complete in about a month, Westmoreland said. A significant amount of work on the project had been done before work was stopped.

Sewer lines have been installed, and the sewer plant, located in the Jackson County Industrial Park on Thomas Valley Road, is about 30 percent complete, Cline said.

The sewer project is important because there is a “public health need for sanitary sewer,” said Cline.

Hysong agreed on the project’s importance, adding that businesses along U.S. 441 and those in the industrial park would like to hook into the sewer system.

And she said Smoky Mountain Elementary School cannot expand until sewer service is available.

Hysong said the only consequence she is aware of in delaying the project is an inconvenience for those who want to tie into the sewer and get off septic tanks.

Major funding for the project came from the North Carolina Rural Center. Jackson County, USDA, the Eastern Band of Cherokee Indians and the Church of God Assembly also helped fund the project, Hysong said.

To comment on this story email josh@smokymountainnews.com.