Speak Up for Strong Permits for Nolichucky River Work
State and federal agencies in both North Carolina and Tennessee are in the process of issuing permits that will allow CSX to continue rebuilding their railroad through the Nolichucky River Gorge. CSX has already mined massive amounts of rock from the riverbed of the Nolichucky in Tennessee to save money on the reconstruction of their rail line, and is working their way into the heart of the Gorge in North Carolina. Current approaches to issuing permits for the work appear unlikely to stop CSX from causing significant additional damage through rock removal. CSX needs approvals for their work from the following entities:
North Carolina Department of Environmental Quality, Division of Water Resources: With probably the most crucial permit, North Carolina has granted CSX far too much latitude to continue their damage to the river. The permit will allow CSX to continue their wholesale mining of the rock and cobble areas, which are immediately adjacent to major rapids in the Gorge, based on site-based approvals. This permit needs to be revised to prohibit rock mining from the riverbed, and should be implemented in a protective manner. See the permit and CSX’s application package.
Tennessee Department of Environment and Conservation, Division of Water Resources: The State of Tennessee has issued a permit for the work in Tennessee that prohibits CSX from taking rock from below the ordinary high water mark. Unfortunately this permit was issued after CSX excavated and hauled off entire massive cobble bars. With much of the damage already done in Tennessee, the state should require financial compensation for the damage done and hold a public hearing. Comments on their permit are due January 24.
U.S. Army Corps of Engineers: The Wilmington District of the Corps is permitting the CSX work in NC, and the Nashville District is permitting the work in TN. Both districts have now issued inadequate general permits for the work that are not subject to public comment. The Army Corps needs to replace these general permits with specific and protective individual permits. They need to clearly prohibit the taking of rock from below the ordinary high water level (at least 12,000cfs).
U.S. Forest Service: To date, the Forest Service has failed to uphold its stewardship obligations of its lands and the Nolichucky River. The river runs through the Cherokee National Forest and the Nantahala Pisgah National Forest whose management plans commit the Forest Service to protect the Nolichucky as a Wild and Scenic Suitable River. Much of CSX’s work is being done on public forest land but without authorization or oversight from the Forest Service. The Forest Service needs to show up and prevent further damage to river values and public forest land.
American Whitewater and American Rivers, jointly represented by the Southern Environmental Law Center, are currently suing the federal agencies for their lack of action to protect the Nolichucky River as the railroad is rebuilt. As we continue this work, we ask that boaters send letters to these agencies imploring them to change course and protect the Noli. Together, we hope to ensure that the region can get the railroad back and not needlessly damage the incomparable Nolichucky River. We’ve made it simple, just click here to send your letter.