U.S. Army Corps of Engineers directs CSX to stop mining Nolichucky River

Contacts:
SELC: Eric Hilt, 615-622-1199 or ehilt@selctn.org
American Rivers: Hawk Hammer, 202-243-7075 or hhammer@americanrivers.org
American Whitewater: Kevin Colburn, 828-712-4825 or kevin@americanwhitewater.org

ERWIN, Tenn. — This week, the U.S. Army Corps of Engineers sent a letter to CSX Transportation, ordering the rail company to stop mining the Nolichucky River for rock and fill. The letter comes after the Southern Environmental Law Center, on behalf of American Rivers and American Whitewater, sued the Army Corps and two other federal agencies for approving CSX’s harmful mining practices in the Nolichucky River Gorge.

In the letter, the Army Corps states that the company is prohibited from performing “any excavation or dredging of material from the Nolichucky River or its tributaries in both Tennessee and North Carolina” until the Corps gets new approvals in place. Importantly, the letter does not prevent CSX from rebuilding its rail line in a responsible and less destructive way.

“From the beginning, we’ve said that CSX should be able to rebuild its rail line in the Nolichucky River Gorge, it just needs to do so in a way that follows the law and doesn’t put the river and the people that depend on it at risk. We commend the Army Corps for stepping in and putting a stop to CSX’s extremely harmful practices,” Patrick Hunter, Managing Attorney of SELC’s Asheville Office, said. “This is a major win for the Nolichucky River as well as nearby and downstream communities.”

In October, CSX began mining the Nolichucky’s riverbed in Eastern Tennessee and Western North Carolina while repairing a rail line that was washed away during Hurricane Helene. Mining the river for rock and fill is much more destructive than trucking materials in from upland quarries, which is standard practice. The unnecessary mining was inflicting irreparable damage to the river, threatening local businesses, and impacting flooding risks for communities downstream.

“After losing so much in recent months it’s been really hard to watch the damage being done to the Nolichucky. These recent actions by the agencies give us hope that the remaining five miles of the Gorge will be spared from cobble mining and other unnecessary impacts. It’s encouraging news for a special place that means so much to so many people,” said Kevin Colburn, National Stewardship Director for American Whitewater.

In the weeks since CSX’s mining practices were discovered, community members, state and local officials, and nearby businesses expressed significant concerns about the impact the company’s mining could have on the river and the communities that rely on it. The Tennessee Department of Environment and Conservation also sent a notice of violation to CSX this week and ordered the company to stop excavation of the river.

“CSX crossed a line that would have jeopardized the health and integrity of the Nolichucky River. We are heartened to see the Army Corps set this boundary and ensure future generations will still be able to enjoy the scenic and natural beauty of the Gorge, while also allowing a responsible rebuilding effort to occur,” said Erin McCombs, Southeast conservation director for American Rivers. “Our nation’s rivers deserve utmost care as a vital resource that we all share.”

The Nolichucky River Gorge is a one-of-a-kind natural wonder, described by the Forest Service as “one of the deepest, most spectacular gorges in the eastern United States.” It’s stunning beauty and world-class whitewater rapids attract thousands of visitors from all over the region, making the river a key part of the area’s local economies.

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The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 200, including more than 120 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C.  southernenvironment.org 

American Rivers is championing a national effort to protect and restore all rivers, from remote mountain streams to urban waterways. Healthy rivers provide people and nature with clean, abundant water and natural habitat. For 50 years, American Rivers staff, supporters, and partners have shared a common belief: Life Depends on Rivers. For more information, please visit www.AmericanRivers.org.

American Whitewater is a national non-profit 501(c)(3) river conservation organization founded in 1954, with approximately 50,000 supporters, 7,000 dues-paying members, and 80 locally based affiliate clubs, representing whitewater enthusiasts across the nation. American Whitewater’s mission is to protect and restore America’s whitewater rivers and to enhance opportunities to enjoy them safely. American Whitewater is based in Western North Carolina, where the organization has helped establish public river access, secure conservation outcomes, and restore flows from numerous dams.