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Tennessee, U.S. Army Corps of Engineers forces CSX to halt dredging of Nolichucky River • Tennessee Lookout [1]

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Date: 2024-12-10

The U.S. Army Corps of Engineers and Tennessee environmental regulators have ordered CSX Transportation to stop dredging the Nolichucky River Gorge for rocks and sediment being used to shore up a rail line washed away by Tropical Storm Helene.

In separate letters issued to the Fortune 500 company last week, the Corps and the Tennessee Department of Environment and Conservation (TDEC) warned the company’s dredging was unauthorized — and noted CSX had continued dredging activities even after being put on notice last month by both agencies.

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, the Dec. 2 letter from the Corps said. CSX must “immediately cease and desist” its dredging, TDEC’s Dec. 6 letter said.

Dredging poses serious risks to the river, its aquatic life and the potential for downstream flooding in the future for communities that rely on the Nolichucky for outdoor recreation and the tourist dollars it brings in, a lawsuit filed by lawyers with the Southern Environmental Law Center last month said.

But the lawsuit, filed on behalf of American Rivers and American Whitewater, laid the blame on the Corps and other federal agencies for illegally greenlighting CSX’ efforts to mine the Nolichucky riverbed near the Tennessee and North Carolina border. The lawsuit remains ongoing.

A statement shared by a CSX spokesperson on Monday said the company “is committed to complying with (Army Corps of Engineers) directives and all regulatory requirements to conduct the complex and challenging work to rebuild this infrastructure that is so vital to the regional and national supply chain.”

The Nolichucky River hit record levels in late September as Tropical Storm Helene swept through northeast Tennessee, leading to catastrophic flooding that devastated portions of Tennessee and North Carolina. The storm took out cargo rail lines owned by CSX, including a rail bridge that spanned the gorge, hobbling one of the nation’s biggest railroad company’s main arteries.

Environmental groups said CSX should be able to rebuild the rail line on the Nolichucky River Gorge but not in a way that causes further damage to the waterway. Standard practice calls for rock and fill to be trucked in from upland quarries, they noted.

“CSX crossed a line that would have jeopardized the health and integrity of the Nolichucky River,” Erin McCombs, southeast conservation director for American Rivers, said in a statement. “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 building effort to occur.”

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[1] Url: https://tennesseelookout.com/2024/12/10/tennessee-u-s-army-corps-of-engineers-forces-csx-to-halt-dredging-of-nolichucky-river/

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