Nolichucky River - Stop CSX Destructive Construction Activities

Protect the Nolichucky River: Stop CSX’s Destructive Construction Activities

In the aftermath of Hurricane Helene’s devastating floods and landslides across Southern Appalachia, a Herculean effort is needed to restore vital infrastructure. However, we cannot let these recovery efforts come at the cost of our cherished public lands and waters.

The Nolichucky River, a vital natural treasure flowing from Western North Carolina into Tennessee, has become the site of egregious environmental violations in the name of railroad repair by CSX. While infrastructure restoration is essential, the approach taken by CSX contractors demonstrates a blatant disregard for environmental protections, wildlife habitats, and public trust.

Why the Nolichucky Matters to All of Us

The Nolichucky River ties our communities in Tennessee and North Carolina together through shared waters and ecosystems. This river supports diverse wildlife, sustains local economies, and provides unparalleled recreational opportunities.

What happens downstream affects us all. That’s why we must stand together to protect the Nolichucky from reckless destruction in the name of corporate profits and tight deadlines.

A Crisis in the Nolichucky River Gorge

Hurricane Helene caused severe scouring and widening of the Nolichucky River, damaging the CSX railway along its banks. But instead of repairing the railway responsibly, contractors have resorted to mining rock directly from the riverbed—forever altering this pristine ecosystem.

The damage is both immediate and long-lasting:

  • Destruction of aquatic habitats: Mining the riverbed disrupts the homes of native fish, amphibians, aquatic insects, and endangered freshwater mussels.
  • Impaired water quality: Soil disturbance replaces stable cobble substrates with sediment, threatening the drinking water and irrigation needs of downstream communities.
  • Economic harm: Local outfitters, fishing guides, and rafting businesses face an uncertain future due to widened, shallower waters that are less navigable during low-flow summer months.

Accountability for State and Federal Agencies

CSX’s destructive actions highlight troubling gaps in oversight by state and federal agencies. Here’s where the permitting process has failed—and what needs to change:

  • North Carolina Department of Environmental Quality (NCDEQ): NCDEQ’s permits allow CSX to mine rock from the Nolichucky, exacerbating damage. The permit must be revised to prohibit riverbed mining entirely.
  • Tennessee Department of Environment and Conservation (TDEC): TDEC’s permit bans mining below the OHWM but was issued after significant damage was already done. Financial compensation and public hearings are necessary.
  • U.S. Army Corps of Engineers: General permits issued by the Corps in both NC and TN fail to provide adequate protection. These permits must be replaced with more protective individual permits.
  • U.S. Forest Service: Despite the Nolichucky running through public lands in Cherokee and Nantahala Pisgah National Forests, the Forest Service has failed to enforce its stewardship obligations under the Wild and Scenic Rivers Act.

A Call to Action: Protecting the Nolichucky River

Both the North Carolina chapter of Backcountry Hunters & Anglers (BHA) and the Tennessee chapter of BHA are calling on state and federal agencies to intervene and protect this invaluable resource. We demand swift action from the U.S. Army Corps of Engineers, NC/TN Departments of Environmental Quality, and the U.S. Forest Service to:

  1. Define and enforce the Ordinary High Water Mark (OHWM): Ensure no mining is allowed below this critical boundary to safeguard aquatic ecosystems.
  2. Stop destructive riverbed mining: Prohibit CSX and contractors from further excavating cobble and rock from the river.
  3. Require restoration and remediation: Restore mined areas to their pre-storm conditions, protecting water quality and recreational uses for future generations.

How You Can Help

We urge you to join BHA in advocating for the Nolichucky River. Together, we can push for responsible action and accountability. Here’s what you can do:

  • Contact the U.S. Army Corps of Engineers, NCDEQ, TDEC, and the U.S. Forest Service using the sample letter below. Demand an end to riverbed mining and stronger environmental protections for the Nolichucky.
  • Share this story. Spread awareness about the damage to the Nolichucky River and the communities who rely on it via word of mouth, social media and Op-eds in local newspapers.
  • Support BHA. Become a member or donate to our efforts to protect North American public lands, waters, and wildlife.

 

Who to contact:

  • Paul Wojoski, North Carolina Department of Environmental Quality, Division of Water Quality [email protected]
    • Subject line: Protect the Nolichucky Gorge and Amend WQC007455
  • Robert Baker, Tennessee Department of Environment and Conservation, Division of Water Resources[email protected].
    • Subject line: Comment on NRS24.232 re Matthew Adkins of CXS
  • Casey Ehorn, U.S. Army Corps of Engineers Nashville District [email protected]
    • Subject line: Protect the Nolichucky Gorge
  • James Melonas, U.S. Forest Service [email protected]
    • Subject line: Protect the Nolichucky Gorge

 

 

Dear __________

 

In the wake of Hurricane Helene's devastating flooding in Southern Appalachia, swift actions are crucial to restore vital infrastructure. However, we must also address the environmental mismanagement along the Nolichucky River in Tennessee, where CSX contractors are damaging this pristine waterway in their repair efforts.

 

The mining of the riverbed poses serious risks to native species and water quality, impacting communities reliant on this vital resource. We urge decision-makers to take immediate action by:

  • Defining the Ordinary High Water Mark (OHWM) for the Nolichucky River and other waterways in Western North Carolina over the past decade.
  • Prohibiting mining below these OHWMs.
  • Requiring remediation of areas where riverbeds have been altered since Hurricane Helene.

Thank you for your attention to this matter and ensuring that restoration efforts protect our environment and the recreation economies that support our local communities.

 

Sincerely,

 

 

Thank You for Speaking Up

By taking action, you’re standing with the communities, wildlife, and ecosystems that depend on the Nolichucky River. Together, we can ensure that this irreplaceable waterway is preserved for generations to come.

Be sure to sign up to be a member of BHA and donate to help us continue to be the voice for public lands and water.

About Brian Bird

Chapter Coordinator New England, NY, NJ, Mid-Atlantic, NC, SC, Southeast, NE