The Environmental Journal of Southern Appalachia

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Overturned railroad track with uprooted tree in the river gorge.Epic flooding from Tropical Storm Helene destroyed the CSX railroad bed along the length of the Nolichucky River Gorge near Erwin. TDEC and the U.S. Army Corps of Engineers this month ordered the transportation company to stop dredging materials from the river to repair its railroad line.  Jonathan Mitchell for Hellbender Press

Company accused of illegally mining river rocks, sediment to shore up rail lines washed out by Helene

This story was originally published by Tennessee Lookout.

ERWIN — The U.S. Army Corps of Engineers and Tennessee environmental regulators 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 this month, 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’s aquatic life and increases the potential of 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 said last month. 

Ela-Dam_Oconaluftee-River_Erin-McCombs28-1-2048x1536.jpgEla Dam on the Oconaluftee River in Cherokee. The dam is slated for removal to benefit aquatic species and the Eastern Band of the Cherokee Indians.  Erin McCombs

Ela Dam Removal Coalition moving forward after $4 million grant from U.S. Fish and Wildlife to commence river restoration project 

Erin McCombs is the Southeast Conservation Director of American Rivers.

CHEROKEEAmerican Rivers is working with a team on a massive effort to remove the Ela dam and restore the land and Oconaluftee River to its natural condition. Partnering with the Eastern Band of Cherokee Indians (EBCI), American Rivers is part of a coalition of federal, state, public, private, and non-profit organizations that has formed to remove the Ela dam.

Truly a village effort, the Ela Dam Coalition includes the EBCI, American Rivers, Mainspring Conservation Trust, the North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, the Southern Environmental Law Center, the Environmental Protection Agency, American Whitewater, Swain County, the Army Corps of Engineers, and Northbrook Carolina Hydro II.

“Healthy rivers are essential to all life, and removing a dam is the fastest way to restore a river’s health. We appreciate this initial investment by U.S. Fish and Wildlife Service in  the restoration of the Oconaluftee River. We look forward to working with them to leverage this investment to fully realize this project to revitalize fish and wildlife habitat and restore vital cultural connections. We are grateful to the Eastern Band of Cherokee Indians for their leadership, and for the partnership of Mainspring Conservation Trust,” said Tom Kiernan, American Rivers President and CEO.  

Blocking the Oconaluftee River’s natural flow impacts the aquatic habitats of many native fish, mussels, birds, and other wildlife which require it for sheltering, feeding, reproducing, and thriving in their natural environment. The removal of Ela dam will result in a cultural reconnection of the Oconaluftee River to the Cherokee people and the Qualla Boundary. 

The Oconaluftee River is home to 11 sensitive and rare aquatic species, some of which are only found in a few streams and rivers in western North Carolina, including the federally endangered Appalachian elktoe freshwater mussel, the Sicklefin Redhorse (NC Threatened), and Eastern Hellbender (NC Special Concern). Once complete, 549 miles of the Oconaluftee River watershed will be restored and expand habitat for these species. 

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