Protect the Nolichucky River! Tell NC DEQ: Require Stronger Environmental Protections for CSX’s Railroad Rebuild

Photo courtesy of Jubal Roe.

Keep advocating to protect the Nolichucky! Please comment now to ensure stronger environmental requirements for CSX as they rebuild their railroad through North Carolina’s Nolichucky River Gorge.

North Carolina’s Department of Environmental Quality is requesting public comment on CSX’s application to rebuild their railroad through our state’s section of the Nolichucky River Gorge. You may recall that CSX’s railroad experienced extensive damage as a result of Hurricane Helene, and CSX immediately started rebuilding in a manner that was highly damaging to the Nolichucky River’s Wild and Scenic values. Your advocacy helped stop their destruction previously but unfortunately, CSX is back at it under new approvals from the Army Corps of Engineers.

The North Carolina Department of Environmental Quality can stop CSX’s most harmful practices and we need your help again pushing for strong environmental protections in their permit. Please use the link below to submit comments and help us protect the Nolichucky. We encourage you to make your comment your own, but the following may serve as a framework:

https://edocs.deq.nc.gov/Forms/401_Public_Notice_Comments

ID#: 20241562

Version: 2

Project Name: CSXT Emergency Track Rebuild Post Hurricane Helene

Your stance on the project: No

Comment:

I am opposed to this project without additional protections. The following provisions, if included, would allow me to support this project:

DEQ should prohibit any harvesting, mining, or excavation of material from below the ordinary high-water mark. Tennessee’s Department of Environment and Conservation has already prohibited the removal of material below the ordinary high-water mark in Tennessee. NC DEQ should do the same.
DEQ should establish an ordinary high-water mark using the Army Corps’ January 2025 Ordinary High-Water Mark Manual. That analysis indicates the ordinary high-water mark should be approximately 6 feet above baseflow in the Gorge.
DEQ must prohibit the removal of rock or any other material from any named rapid.
DEQ should require CSX to provide for safe recreational and commercial whitewater access during reconstruction.
The Nolichucky Gorge has been designated by the U.S. Fish and Wildlife Service as critical habitat for the endangered Appalachian Elktoe. It is also habitat for the Eastern Hellbender, which the Fish and Wildlife Service recently proposed for listing under the Endangered Species Act. DEQ should require CSX to survey areas for Appalachian Elktoe and Eastern Hellbender presence before CSX takes any action – including operating machinery such as dump trucks and excavators – below the ordinary high-water mark.

Take Action: Protect Hellbenders

SOS: Save Our Salamanders!

Friday, December 13 was a lucky day for eastern hellbender salamanders. Following years of advocacy from environmental organizations and conservation-minded individuals, the U.S. Fish and Wildlife Service proposed listing hellbenders as an endangered species across their entire range. Listing this species under the Endangered Species Act (ESA) is a huge step towards their continued existence, offering substantial federal protections that have historically been massively successful in bolstering populations of other listed species. To ensure the hellbender is officially listed, we need you to comment in support of protecting them through the ESA.

Hellbenders experience population decline as a result of sedimentation, water quality degradation, and habitat loss. Impacts from Hurricane Helene also displaced hellbender populations, severely degrading available habitat in some of the healthiest parts of their range. Since the ESA is so successful in protecting vulnerable species and bolstering declining populations, it is crucial that the hellbender be listed and protected as quickly as possible.

Please comment now to support listing the eastern hellbender as a federally protected species under the Endangered Species Act. Remember to make your comment your own – unique comments carry more weight with agency staff. Comments are due February 11, 2025.

MT Raleigh Report: Politics, Disaster Relief, and the Fight for Western North Carolina’s Future

What a year – in Raleigh and, of course, in Western North Carolina.

Among the many lessons those of us here in the mountains learned, again, this year is that what happens – or does not – in Raleigh has a real impact on our communities, our mountains, and our future.

Certainly, that has to be one of the takeaways about the North Carolina General Assembly’s response to the disaster that hit the mountains a couple of months ago. Since September, the legislature has approved three bills that included disaster-related funding for a total of $1.13 billion in state funds. Click here for an overview of the legislature’s efforts on the disaster to date.

The most recent of these bills is SB382, which included $225 million transferred to a state fund for disaster relief but NOT approved for any specific program or project. Leaving that transfer aside, SB382 included a mere $32 million approved for disaster relief. The remaining balance must be earmarked and approved by the legislature before it reaches WNC.

Beyond the first dozen or so pages loosely focused around disaster relief are over 100 pages of “Various Law Changes,” the real meat of SB382 designed largely to shift power away from the executive branch. This power grab disguised as disaster relief caused three WNC Republican Representatives – Mike Clampitt, Karl Gillespie, and Mark Pless – to join Democrats in voting against the bill, although it passed both the House and Senate in otherwise party-line votes. It also prompted Governor Cooper to veto the bill, but his veto was later overridden by Republican supermajorities in both chambers and became law. Despite their initial opposition to the bill, Clampitt, Gillespie, and Pless all voted to override the veto and allow the bill to become law.

So why is disaster relief getting held up? It’s certainly not because money’s tight. State Budget officials recently told a legislative committee has a whopping $9.1 billion in inappropriate reserves, including almost $4.8 billion that was in the state’s “rainy day fund” itself when Helene hit, plus $1 billion in a stabilization and inflation reserve and another $732.5 million in a emergency response/disaster reserve. Legislators could also use another $1.1 billion from savings and still remain in compliance with state law.

Gov. Cooper’s request for a $3.9 billion state set-aside for hurricane relief presumed the use of about $3.5 billion from these sources.

So, if money is not the problem, what is the hold up on state disaster relief? For their part, budget writers for the Republican majorities in the House and Senate argue that it’s smart policy to hold back state relief funding and allow federal disaster relief to make its way to the region. They worry that if state funds are used on efforts that are eligible for federal relief, the feds may not reimburse the state for its recovery efforts. GOP budget writers say it’s better to let the federal money be the first in – and the state funding the last to address needs FEMA and other federal programs do not get to. They also point out that Congress is likely to provide more money for WNC recovery before the end of 2024.

The problem with waiting, of course, is that many in WNC need help, now, for things we know that the federal government won’t pay for. Many small business owners, for example, can’t afford to take on more debt via the disaster loan programs offered by FEMA. Without direct grants, many business owners say their businesses won’t survive the disaster.

Debris removal is also an urgent need. While the federal agencies and the North Carolina Department of Agriculture and Consumer Services have both state and federal funds to help local governments clear rivers of storm debris, these funds are often restricted to trees and other natural debris – not the cars, trucks, and tons of garbage that were swept into every river basin in the region – and are further restricted to those debris jams that pose a risk to flooding or structural damage. The funding is also distributed locally, making regional clean-up efforts more difficult to get up and running. And timing is important: our rivers and streams need to be safe and ready to use come spring when the outdoor recreational season brings thousands of visitors and their dollars to the region.

With those waters – and our outdoor economy – in mind, MountainTrue has asked legislators to fund a regional debris clean-up effort that is also supported by the outdoor recreation industry’s umbrella group, the Outdoor Recreation Coalition. Our goal is to employ those in the outdoor industry, who have been displaced by the disaster, to clear out tons of debris in time for the start of the recreation season this spring. Despite the legislature’s reluctance to use state funds for this kind of effort, MountainTrue has started a small pilot program in Madison County with private funds that will make some popular whitewater safe for paddlers early in 2025.

We plan to use this pilot to continue to lobby legislators for debris removal funding – and employment for those put out of work by the disaster. Early word in Raleigh is that legislators will take up a state-funded package of disaster recovery efforts early in their 2025 session, which begins in late January.

Looking further back into the legislature’s work this year doesn’t provide much more to celebrate. With GOP supermajorities in both the House and Senate AND a budget surplus topping $1 billion, legislative leaders were unable to muster the votes to send a revised budget for FY2024-2025 to Gov Cooper this summer. In the absence of a revised budget, they left the surplus uninvested and dozens of important conservation projects, including many in WNC, unfunded.

Unfortunately, the 2025 legislative session doesn’t provide much hope that lawmakers will address the many issues facing North Carolina. With the GOP supermajority now gone in the House, the 2025 session promises to be a drawn-out stalemate between the GOP leadership in the General Assembly and Governor-elect Josh Stein, a Democrat.

For its part, MountainTrue will continue to be in the middle of debates about disaster recovery and rebuilding, clean water and air, and sustainable development and rebuilding. Thank you for the investments you make in MountainTrue and its work in Raleigh – we couldn’t do it without you.

Protect the Nolichucky River: Tell NC DEQ: Require Responsible Railroad Build Back by CSX

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Photo courtesy of Jubal Roe.

We need you to tell North Carolina’s Department of Environmental Quality (DEQ) to require railroad company CSX to apply for a permit to rebuild in the Nolichucky River Gorge. Please email Regional Supervisor Andrew Moore to request that DEQ make CSX apply for a permit.

Take Action + Tell NC DEQ: Require Responsible Railroad Build Back by CSX

Through their rebuilding work, CSX has left extensive damage in their wake on the Tennessee side of the Gorge. Fortunately, the U.S. Army Corps of Engineers has prohibited CSX from mining rock from the Nolichucky or its tributaries until new approvals are in place. North Carolina’s DEQ can ensure that the NC stretch of the Nolichucky does not experience the same damage as the Tennessee side by requiring CSX to apply for an additional permit prior to rebuilding. This permit must prohibit removal of rock below the Ordinary High Water Mark.

The Army Corps’ mandate follows an immediate cease and desist and notice of violation issued by Tennessee’s Department of Environment and Conservation (TDEC) to CSX. TDEC found that CSX mined rock well below the Ordinary High Water Mark, causing significant damage to the riverbed. The damages caused by CSX will now be the responsibility of Tennessee taxpayers. North Carolina’s DEQ can prevent the same fate by requiring CSX to apply for a permit that allows the railroad to rebuild, but prevents the removal of rock below the Ordinary High Water Mark. The permit should also require that CSX remove all leftover materials and temporary access roads following completion of their work.

Please take action to protect North Carolina’s side of the Nolichucky River Gorge and ensure that CSX, not NC taxpayers, are financially responsible for rebuilding the railroad. As always, thank you for your attention and action!

Action Alert: Help Us Remove Debris From Our Rivers After Hurricane Helene

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Our rivers are in a state of emergency. The aftermath of Hurricane Helene has left our waterways choked with millions of tons of debris and pollution. While our communities have shown resilience in the face of this disaster, the task of restoring our rivers is a pressing and ongoing one. Below are photos from a recent scouting trip down the Swannanoa River that underscore just how much work is still left to be done.

Yet, we’re left anxiously waiting for the “Big Cleanup,” which will require millions of dollars in state investment. This will help us get boots on the ground and hire hundreds of out-of-work people in our region to clean up and restore our rivers.

Please take action today by emailing your NC Senate and House leaders to let them know that the recovery of our rivers and local outdoor economy needs their help. It is a pressing issue that requires immediate attention and inclusion in Helene relief legislation expected to be taken up this week at the NC General Assembly.

Take Action

What’s at Stake:

Outdoor Recreation Drives Our Economy: Outdoor recreation contributes $4.9 billion in visitor spending annually to our region, supports 48,000 full-time jobs, and generates $197.5 million in county taxes.
Our Rivers Are Central to Recreation: 36% of visitors come to fish, 24% to swim, and 14% to paddle or tube. Without healthy rivers, these economic and cultural benefits are at risk. (MADE x MTNS Outdoor Recreation Participation Study)
A Unified Call for Action: The health of our rivers is not a partisan issue. It’s a matter of public safety, environmental stewardship, and economic vitality.

We need your voice to convince our lawmakers to swiftly pass a robust Hurricane Relief package that includes the funding we need to remove debris from our rivers and protect our outdoor economy.

Take Action Today:

Email Your Legislators Now:
Tell your NC Senate and House leaders why restoring our rivers matters to you and your community.
Make It Personal:
Share your story about how our rivers impact your life, whether it’s through fishing, paddling, swimming, or simply enjoying their natural beauty. Make sure your voice is heard.
Spread the Word:
Share this alert with friends and family. The more people who take action, the louder our call for restoration will be.

Together, we can make a difference. Let’s restore our rivers, protect our outdoor economy, and ensure that future generations can enjoy the beauty and bounty of Western North Carolina’s waterways.

Sincerely,

Hartwell Carson
French Broad Riverkeeper
& Interim Clean Waters Director

Photos taken from a November 15 scouting trip down the Swannanoa

Post-Helene Watershed Report: French Broad Riverkeeper

I’m standing overlooking the bank of the Swannanoa River as I watch pieces of a house smack the side of the bridge, witness oil in the floodwaters pooling around a nearby hotel, and businesses and homes sinking underwater. I’m heartbroken as I watch people’s hopes and dreams float down the river and witness the destruction of the river I’ve spent the last 20 years trying to protect. My first thought is, I quit. I can’t imagine the scope and hard work it will take to bring back the river. But I am also incredibly stubborn and a few moments later, I reverse course and tell my son, “I’m not going out like this.” If it will take an army of volunteers and staff to clean up and bring our river back to life, then that’s what we’ll give it.

Since that evening, there have been a lot of late nights and early mornings. A lot of questionable food choices and dirty showerless days. We spent the early days running around the watershed and checking on the damage to the river and making sure friends and family were safe. Next, we realized there was an urgent need to provide hot meals to folks who didn’t have electricity, water, or a way to buy supplies, so we perfected the art of grilling hot dogs and hamburgers for hundreds of people from all corners of the watershed. Now, we are moving into the phase where we need to understand the impact on the river and start to dig out.

At first glance, the Asheville River District seemed beyond repair. There was so much trash and debris that I couldn’t fathom the scenario where it would ever be the same. Despite that, we organized a cleanup with around 150 people and removed about 650 bags of trash. After those few hours of cleaning, there was a remarkable improvement and it certainly provided me with hope that with the community behind us, we could do this.

Our team is also busy lobbying for a massive investment in the cleanup of our river. We are pushing the state for a $7 million river cleanup fund, so we can hire 200 out-of-work river guides to clean up our waterways. In this critical window of time, if we can invest the time and resources needed to clean up our waterways, by the start of the paddling season in the late spring, we can save many river businesses and be a moral boost to our community, a statement to the flood that knocked us down, that we are getting back up.

We have already taken numerous water samples, and despite the impact of the storm and the damage to our wastewater treatment systems, the water quality doesn’t look nearly as bad as I feared.

Despite the devastation I have never been more encouraged at how our community has come together. Seeing people from all walks of life, all income levels, all different backgrounds, and a variety of political persuasions come together to feed people, provide supplies to people, organize rescues, do wellness checks, and provide mental health resources, has made me realize that despite what we are told, we are all good people, and when we need each other, we are there for each other. If we can ignore the things that drive us apart and focus on what we have in common, which is our love for our mountains, rivers, and our communities, we’re all gonna be just fine.

Look for updates on our social media pages: French Broad Riverkeeper Instagram + Facebook.

-French Broad Riverkeeper Hartwell Carson