CXS Repairs Threaten Nolichucky, River Groups Warn in Lawsuit

Although river advocacy groups initially said they had made some headway, they are now reiterating their concern that CSX Transportation's repair of its rail line along the Nolichucky River in the wake of Hurricane Helene will significantly damage the riverbed.

American Whitewater and American Rivers are suing to push federal and state authorities to use their permitting processes to forestall harm. Representing these groups, the Southern Environmental Law Center filed suit Nov. 18, homing in on CSX's excavation of rock from the riverbed. The Army Corps of Engineers, in a Dec. 2 letter to CSX, said that further excavation or dredging material from the Nolichucky or its Tennessee and North Carolina tributaries should be stopped until the Corps got new approvals in place, prompting enthusiastic announcements from the river groups. But then, the groups said, the Corps and the water resources divisions of the North Carolina and Tennessee environmental departments all issued what AW called "insufficiently protective permits."

The river groups have emphasized that they do not oppose CSX rebuilding its rail line in a less destructive way. "Mining the river for rock and fill," AW said, "is much more destructive than trucking materials in from upland quarries, which is standard practice." Unnecessary mining inflicts irreparable damage to the river, threatens local businesses, and impacts flooding risk for communities downstream, AW said, and the group urged boaters to express concern to the relevant agencies through links on the AW site.

For more information

"Speak Up for Strong Permits for Nolichucky River Work," AW news report

AW action form

"WIN: Federal agency halts destruction of beloved Appalachian river," Southern Environmental Law Center, Dec. 6, 2024

"U.S. Army Corps of Engineers directs CSX to stop mining Nolichucky River," by Kevin Colburn, American Whitewater, Dec. 10, 2024

"Army Corps of Engineers directs CSX to stop surface mining in Nolichucky River after Helene," by Johnny Casey, Asheville Citizen-Times, Dec. 6, 2024