According to the Army Corps of Engineers, CSX’s surface mining and dredging of the Nolichucky River must stop.
The Army Corps of Engineers sent a letter to CSX Transportation on Dec. 2 in which the corps prohibits the railroad from excavating or dredging material from the Nolichucky River or its tributaries in both Tennessee and North Carolina.
Nolichucky River enthusiasts had questioned the methods CSX Transportation reportedly used in its effort to rebuild rail lines along the river that were destroyed by Tropical Storm Helene. The Army Corps of Engineers informed the railroad of its review of the railroad’s practices in a Nov. 20 letter.
According to the Dec. 2 letter, the decision comes in response to videos received Nov. 24 showing possible unauthorized work on the Mitchell County side of the canyon.
The Nolichucky River originates at the confluence of the Cane River and the North Toe River in Yancey County, where the deep gorge extends for 2.5 miles, beginning around Poplar, North Carolina, and ending at Unaka Springs in Tennessee.
In the Dec. 2 letter, the Army Corps of Engineers ordered CSX to stop starting work in the canyon’s waters — citing the Rivers and Harbors Act and the Clean Water Act. In addition, the CSX letter prohibits any deposition of dredged or fill material in those waters.
The Dec. 2 letter follows a lawsuit filed Nov. 18 by the Southern Environmental Law Center on behalf of the nonprofits American Whitewater and American Rivers against three federal agencies in the Western District of North Carolina: the U.S. Forest Service, the U.S. Army Corps of Engineers and the US Fish and Wildlife Service.
The lawsuit alleged that the agencies allowed CSX to mine and damage the river while the company worked on repairs along the canyon.
According to the December 2 letter, before the Corps received the videos, a virtual meeting between CSX and the Wilmington, North Carolina and Nashville, Tennessee state districts of the Army Corps of Engineers was held on November 19 to review CSX’s request. for completed work and to discuss requirements for future work.
“At that meeting, you were instructed that no additional work subject to Department of the Army authorization under Section 404 of the Clean Water Act should be performed without the required permit,” the letter said.
“In addition, you have received written correspondence from the County of Nashville, dated November 20, 2024, describing the permitting requirements under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act and the initial corrective actions to be implemented to ensure compliance.”
CSX did not respond to The Citizen Times’ emails as of press time on December 6.
While no additional work is permitted in the Nolichucky River and its tributaries, work to remove rail debris from the river may continue provided it does not result in a regulated discharge of dredged or fill material into these waters, the letter said .
A railroad bridge over the Nolichucky River can be seen in the distance as a pile of debris sits on the river bank near the Chestoa Recreation Area in Erwin, Tennessee on Sunday, November 24, 2024.
Answer
Patrick Hunter, the chief counsel for the Asheville office of the Southern Environmental Law Center, said the Army Corps of Engineers’ directive to CSX to halt mining “is a major victory for the Nolichucky River and for nearby and downstream communities.” “
“From the beginning, we have said that CSX must be able to rebuild its rail line in the Nolichucky River Gorge, but it must do so in a way that follows the law and does not endanger the river and the people who depend on it. that it is in danger,” Hunter said Dec. 5 in a joint news release from the Southern Environmental Law Center, American Rivers and American Whitewater.
“We commend the Army Corps for stepping in and stopping CSX’s deeply harmful practices.”
The environmental groups said mining rock and fill material in the river is far more destructive than hauling material from upland quarries, which is standard practice, according to the release.
“The unnecessary mining caused irreparable damage to the river, threatened local businesses and affected flood risks for communities downstream,” the organizations said in the press release.
Kevin Colburn, national stewardship director for Whitewater, said the Army Corps of Engineers order offers hope to environmental groups that other parts of the river gorge will also be spared.
“After losing so much in recent months, it has been very difficult to see the damage being done to the Nolichucky,” Colburn said. “These recent actions by the agencies give us hope that the remaining five miles of the canyon will be spared from cobble mining. and other unnecessary consequences. It’s encouraging news for a special place that means so much to so many people.
The Citizen Times visited the Nolichucky River Gorge at the Chestoa Recreation Area in Erwin, Tennessee, which is considered the take-out location, while Poplar is the build-in location.
Dale Swanson is a raft guide who has been teaching whitewater stand-up paddleboarding since 2013 and is a member of Nolichucky Witness, a Facebook group that grew out of another Facebook group formed by locals, Children of the Nolichucky.
Swanson served as a raft guide on the Nolichucky River for seven years.
“We know how the river works, and we’re all stunned at what the hurricane did to it, and we’re preparing for the long recovery and learning to deal with this new river, and then we started to see the second disaster. That was excavating the river bottoms,” Swanson said on Nov. 24.
“We wonder: Why are they taking so much material out of the river, and do they understand the consequences of that significant change to the river?” Swanson said, adding that the Nolichucky Witness team was “excited” about the lawsuit.”
More: Nolichucky River Residents ‘Heartbroken’ By CSX’s Helene Reconstruction; Army Corps responds
More: A railway line was destroyed by Helene. Now the lawsuit claims damage to a “spectacular” canyon
But after the lawsuit, Swanson said CSX and his team had little to no contact with local river advocates, which “broke their hearts,” he told The Citizen Times.
“If I’m guiding rafts on the river and a train comes by while you’re there, it can be a highlight of the trip for some of your guests. It has historical significance. It’s just heartbreaking.”
Johnny Casey covered Madison County for three years for The Citizen Times and The News-Record & Sentinel. He won first place in beat news reporting at the 2023 North Carolina Press Association Awards. He can be reached at 828-210-6074 or jcasey@citizentimes.com.
This article originally appeared on Asheville Citizen Times: Army Corps orders CSX to stop open-pit mining in Nolichucky River
